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Similarly, we can also say that we have two types of months; the first is the legal month, which is known as Ramadan and the second is the astronomical (scientific) one, which is the 9th month of the lunar calendar. All Islamic rulings are based upon the first month which may or may not coincide with the astronomical month.

The issue of moon sighting has never been as divisive as it has become today. In the past, Muslim scholars agreed on a certain method to decide the start and end of the month of Ramadan. In the last few years, advancements in communications and media have turned the world into a small village creating a new context where matters concerning inter-countries relations are involved. A second new context may also be related to the presence of many Muslims in countries that lack one single Muslim authority. Resultantly, readily understood issues related to a number of Islamic rituals have now become controversial and confusing. This confusion is further fuelled by the influence of a Western lifestyle upon Muslims; generally speaking, Muslims are often accused of being anti-Western or even unscientific in their spheres of life. This can influence them to react emotionally and unreasonably. One such observable sphere in which many Muslims have reacted in this manner is with regard to moon-sighting and the establishment of the start of the month of Ramadan, ‘Id al-Fitr and ‘Id al–Adha. 

In this article, I would like to draw attention to specific principles in an attempt to remove misconceptions surrounding the ongoing debate.

Shari’ah Principles related to the confirmation of the beginning of Ramadan and the ’Id
I believe many readers will be aware of these principles yet some of them may not be aware of specific fundamental issues within them. In order to gain a deeper understanding we have to differentiate between the principles used by those in authority in any Muslim community including the Muslim nation [ummah] under the Caliph [khalifah] or other leaders in his absence, and the principles used by ordinary Muslims.

Leaders or those in charge are commanded to employ one of two principles. The first is to sight the moon with the eye. The basis for this doctrine is numerous Prophetic traditions [ahadith]; Abu Hurayrah relates that the Prophet, may Allah praise and send peace and blessings upon him, said, ‘Fast when you see it (i.e., the moon) and cease fasting when you see it, and if it is hidden or cloudy, complete the counting of Sha’ban as thirty days.’ This hadith is agreed upon by Al-Bukhari and Muslim; similar authentic ahadith are also recorded. The second principle applies only in the absence of the first, which is to complete thirty days for the month of Sha’ban. The basis for this is also the previous hadith and many other similar statements. It is worth noting that the overwhelming majority of scholars unanimously agreed upon using these two principles. {quotes}Furthermore, it has been stated by a number of scholars that the overwhelming majority of scholars also agreed not to consider astronomy or calculations as a tool to confirm the beginning of Ramadan or ’Id.{/quotes}

Scholars who quoted this consensus include al-Jassas al–Hanafi¹, al-Baji al-Maliki² Ibn Rushd al-Maliki³, al-Subki al-Shafi’i⁴, Ibn Taymiyyah⁵, Ibn ‘Abidin Al-Hanafi⁶ and others. They added that the effective cause [‘illah, ratio legis] for confirming these events is the visual sighting of the moon or the completion of the month of Sha’ban. This means that the only basis for fasting is one of these two principles.

It is important to clarify this point further; the Shari’ah in many cases may consider a variety of factors including scientific ones that could have an effect on the ruling. However, the scientific factor may or may not influence the end ruling of the Shari’ah since in some cases it is totally outweighed by other factors to the degree that it appears to be ignored completely. There are numerous examples to help explain and corroborate this. Take the following instance, in a well known hadith, the Messenger of Allah said, ‘The child belongs to the bed and the adulterer deserves the stone’⁷. This hadith explains the case of a man who states he was involved in an illicit relationship with a married woman and claims the child she later bears. Allah, the legislator, paid no attention to this claim and affirmed that the child remains the legitimate descendant of the woman’s lawful husband. This is the explanation of the statement, ‘the child belongs to the bed’. The lawful husband can deny this association with the child only by li’an⁸, the process of taking an oath by Allah and invoking His curse after an allegation of adultery.

To explore the workings of this principle let us suppose after the death of both parents, the other siblings dispute the legitimacy of this child and their claim is supported by DNA tests which show that this child is not a descendant of their father, and is not their full biological brother or sister. However, the only legislated way of depriving the child of any right⁹ is through the process of li’an. With the death of both parents this is not possible so the child must remain the legitimate child of both parents in the eyes of the Shari’ah.¹⁰ Without the process of li’an the child is considered the legitimate child of both parents even if science proves otherwise. Here we can say for the sake of clarification that this child has two fathers, the biological (or scientific one) and the legal [shar’i] one. As far as the Shari’ah is concerned, the latter is the real father and the former holds no significance whatsoever; he is deserving of punishment for his admission of adultery.¹¹

Similarly, we can also say that we have two types of months; the first is the legal month, which is known as Ramadan and the second is the astronomical (scientific) one, which is the 9th month of the lunar calendar. All Islamic rulings are based upon the first month which may or may not coincide with the astronomical month. The latter has no significance in the eyes of the Shari’ah and hence no Islamic rulings are based on it. This means that we are dealing with two different spheres that have no connection with each other; the sphere which is defined by the Shari’ah and that which is defined by astronomy. Therefore, once the sighting of the moon is confirmed and accepted by the leader of Muslims or by the majority of Muslims then there is no need to investigate further let alone claim that the sighting was invalid or not possible due to astronomical calculations. Who has the authority to judge that it is wrong? Someone with astronomical facts? No, not at all, as the astronomical facts are dealing with a different type of month which is different from the one which governs the timings of certain acts of worship. Our month or field of discussion is something else. We are not denying the astronomical facts; rather we are not fasting the astronomical month. This is very similar to the previous case of biological vs. legal father. If we come to know for a fact that we started fasting Ramadan on a day which was different from the astronomical calculation, then that will have no effect at all on our fasting or ’Id. This is a fundamental line of reasoning that many people have ignored or are unaware of. It sets aside the following oft-quoted principle, which although correct is not applicable here: many proponents who favour considering astronomical calculations state that a person’s account of having sighted the moon is speculative [zanni] whereas astronomical calculations are definitive [qat’i] and the Shari’ah gives credence to the definitive over the speculative. As stated however, even if we for the sake of argument ‘accept’ the calculations as being definitive (ignoring the differences within astronomers themselves), the point is that the Shari’ah did not consider scientific and astronomical calculations as determining factors in the first place with regard to the sighting of the moon. I will avoid delving into the discussion around the accuracy of astronomical calculations and the claim that some astronomers make that there is a level of uncertainty in calculations; this is beyond the scope of this article and does not really make a substantial difference on account of the aforementioned argument.

Recall the different occasions during the time of the Prophet where a number of people testified that they, as individuals, sighted the new moon; there is the possibility that these individuals erred or even lied. The Prophet on one occasion questioned the witness about his faith and upon hearing his testimony of faith, the Prophet commanded Bilal to announce the month of Ramadan. Advocates of astronomical calculations respond to this by saying that the witnesses were Bedouins who were skilled at knowing the start and end of lunar months so their reports were more likely to be accurate. The reality is even if we were to accept this assumption, those who use this argument do not accept testimony even from someone skilled and experienced unless it is confirmed by astronomy; their criterion is astronomy and not experience in moon-sighting. The acceptance of the Prophet of such testimony is a clear guidance for us to follow without any reluctance. Allah says in the Qur’an, ‘And whatsoever the Messenger gives you, take it, and whatsoever he forbids you, abstain (from it), and fear Allah. Verily, Allah is Severe in punishment.’¹²

The Prophet’s instruction to complete the thirty days of Sha’ban when the moon is not able to be sighted lends further support to this reasoning of differentiating the Islamic month of Ramadan from the astronomical month; the famous scholar, Ibn Hajar, said, ’This (completing thirty days of Sha’ban) is an indication that we should not refer to calculations or astronomy. The Prophet guided us to completing thirty days of Sha’ban while he could have guided us to consider other means that enable us to know the beginning of the astronomical month’. The day that follows the 29th of Sha’ban could be the first day of Ramadan or the last day of Sha’ban. However, if we are unable to sight the new crescent due to poor visibility, then we consider the following day as the last day of Sha’ban without any doubt, even though it might be the first day of the astronomical month. Our month of fasting, Ramadan, will start in this case after the 30th of Sha’ban is completed. This is again a matter of consensus between all scholars. Similarly, if the new moon of ’Id al-Fitr in this case is seen on the 28th of Ramadan, then the Muslims should commemorate their ’Id based on the new moon and then compensate the 29th day of Ramadan the day after the ’Id or any other day. There is no disagreement about this.

The principle for the masses
Their guiding principle is mentioned in the hadith, ‘The fast is the day you all fast; the breaking of fast is on the day that you all break fast; and the day of sacrifice is on the day that you all sacrifice.’¹³ Al-Tirmidhi said, ‘Some scholars explained this hadith to mean that fasting and breaking the fast should be done with the Muslim body [jama’ah] or the majority of people.’

This means that the common person does not have his own sighting of the moon or follow his own decision. The matters of beginning Ramadan and confirming ’Id are not private affairs; they are decisions which affect the ummah and therefore have to be taken on that level. None can do this except the leader of the Muslims. When there is no leader then the majority of Muslims represent the opinion of the ummah. Today, the same ruling should be applied on all sections or communities of Muslims due to the nature of Muslim countries being separated and each making its own decisions.

If we consider this principle we will find it in agreement with common sense as failure to implement this leads to confusion. One can imagine an individual fasting alone, but is it possible for a person to establish ’Id with all its rituals such as the congregational prayer, takbir, exchanging greetings and celebrating alone? Can we have two different days of ’Id in one city or country? The answer is no we can not and should not. This is not a matter open to dispute. Therefore, the Muslim individual is left with no choice but to go with the flow of the majority on this matter and to act according to the meaning of this hadith. Here, it is appropriate to mention a case elaborated upon in works of jurisprudence [fiqh]: the ruling for a Muslim who starts the month of Ramadan according to the country he is residing in and then travels to another country that had started Ramadan on a different day. Ramadan for Muslims in the destination country may end before or after Ramadan in the home country. If it ends before then this means that he may fast only 28 days while if it ends after then he may end up fasting 31 days! What do scholars say about this case? They say that the person should follow the country he has arrived in which means he must fast with them and end the month with them even if it is more or less than a ’month’. If he fasts 28 days, then he must fast one more day after ‘Id to complete 29 days which constitutes the minimum number days in a month. A similar case in point occurs when a person sees the new moon on a specific day and then travels to perform Hajj. Obviously he will follow Muslims in Makah and will not follow his own moon-sighting even if he is pretty sure that their decision is wrong according to astronomy.

Some may question the basis for differentiating the lay person’s conduct from one in authority; there are some commands that address every single Muslim irrespective of position. An example is, ’O you who believe, establish the prayer’. There are also some other commandments that addressing specific people according to position, gender etc. For example, Allah says in the Qur’an, ‘Cut off (from the wrist joint) the (right) hand of the thief, male or female, as a recompense for that which they committed, a punishment by way of example from Allah. And Allah is All-Powerful, All-Wise’.¹⁴ This command is directed to those in authority and it is not addressed to the individual; individuals cannot arrest a thief and cut his hand off!

Prayer calculations vs. moon-sighting calculations
It is allowed for us to rely on scientific facts that can provide accurate information in deciding the prayers times; we are allowed to use watches, computer programs and other technologies to decide these times. Why is this not the case for deciding the start and end of Ramadan? I will summarise the answer as given by a number of scholars including the famous Maliki scholar al-Qarafi.¹⁵ A very similar understanding can be also found with Ibn Taymiyyah. There is a major Islamic difference between the prayer timings and the timings for the beginning and ending of Ramadan and the Hajj day. Allah says in the Qur’an, Establish the prayer from midday till the darkness of the night (i.e.. the Thuhr, ‘Asr, Maghrib and ‘Isha’ prayers)’¹⁶ and He also said, ‘So glorify Allah , when you come up to the evening (i.e., offer the Maghrib and ‘Isha’ prayers), and when you enter the morning (i.e., offer the Fajr prayer).’¹⁷ Allah has commanded us to pray in those specific times and hence we are commanded to determine the time by any means. In contrast, Allah never commanded us to begin Ramadan in a specific time or due to the birth of the new moon rather he commanded us to fast once we ‘witness’ the new moon as it is mentioned in the aforementioned hadith and in the verse in the Qur’an, ‘The month of Ramadan in which was revealed the Qur’an, a guidance for mankind and clear proofs for the guidance and the criterion. So whoever of you sights (the crescent on the first night of) the month, he must observe the fasts that month”. Therefore, our concern is not in the actual time or the birth of the new moon which is identified by the moon leaving the conjunction; rather we are concerned with ‘witnessing’ the new moon. In the case of prayers the actuality of the time is of concern to us.

Practical alternatives?
Some Muslim individuals and organisations repeatedly call Muslims in the UK and some other non-Muslim countries to abandon following Saudi Arabia in determining Ramadan, ‘Id and Hajj. A section of these voices are driven by certain agendas to attack the Saudi government and ultimately to attack the religious ideology adopted by Saudi Arabia. In any case, they are unable to provide a practical and workable alternative. The suggestion for Muslims in the UK and other European countries to establish their own moon-sighting has proven over the years to be both an impractical and a non-approachable solution for numerous reasons. Muslims in the UK for example have not agreed on any one organisation to represent them in this issue due to their wide and diverse nature. They differ on the course to be followed in case of failure to sight the moon on the possible dates of visibility; some recommend following astronomical data, others recommend following the sighting of the nearest Islamic country. Again, they differ between themselves on which country to follow. Others suggest that when the moon is not sighted then Sha’ban should be completed as thirty days irrespective of the astronomical data as this is mentioned in the Prophetic guidance. However, this recommendation is not widely accepted as it means that for the most part Ramadan will start after the thirty days of Sha’ban due to the cloudy conditions in most European countries including Britain. Another opinion put forward is for each Muslim to follow one’s local mosque; this is the worst recommendation as it divides Muslims on a matter which should unite them as a single community; what does one do if there are two local mosques? Another option is to follow the first country that announces the sighting; while this is a very logical and legitimate opinion; it is unlikely to be accepted due to the political climate, diversity and disunity of Muslims living in the UK as an example. Moreover, those supporting astronomy as their basis will again question the sighting if it does not meet their criteria.

After considering all these opinions and taking into account that almost two thirds of the Muslims in the UK, for example, follow Makkah for spiritual reasons, one will find himself compelled to support this judgment. As we have declared before that the basis of this is textual and rational evidences. Unity is not the determining factor for this conclusion but is one of the prime factors for sure. It is also worth noting that the masses in many countries follow Makkah and not Saudi Arabia; their attachment is to Makkah as their holiest place and not to Saudi Arabia.

The process of moon–sighting in Saudi Arabia
To conclude the discussion, I would like to state that the Saudi moon-sighting is not a matter of personal attachment to myself for many reasons. One reason is the fact that I am not promoting following Saudi Arabia in deciding the beginning and ending of Ramadan. Nevertheless, I would like to clarify a misconception related to the Saudi moon-sighting as it is criticised in both Muslim and non-Muslim media. These criticisms include the claim that they rely on ordinary Bedouins who emerge from the desert knowing nothing about moon-sighting and the stages of the moon. Some claim that the main motivation for such individuals who testify to seeing the new moon is to gain a reward or seek fame. This criticism is further used to attack the Shari’ah as a whole as it is always linked to Saudi Arabia. It is important for us all as Muslims to not falsely accuse others and ignorantly support a non-Islamic agenda.

Firstly, the official Saudi calendar is not used at all in deciding the beginning and ending of Ramadan and the day of ‘Arafah. I have heard many times that the Saudis are following the Jewish methodology in their calendar and therefore Muslims fast according to the Jewish moon-sighting. Such a ridiculous statement is unworthy of a response. The Judicial High Court is responsible for deciding such dates and is based on testimony that they receive. Secondly, some accuse the Saudi authorities of not paying attention to verifying the testimony that comes from a single unknown person who may be lying or mistaken. I would like to say that in most years, the testimony is corroborated by a number of known witnesses. In 1424 AH there was a controversy concerning sighting the ’Id moon and its visibility; it was announced that the moon was sighted in Saudi Arabia and many astronomers and others accused Saudi Arabia’s system of being daft and paying no attention to the important matter of a Muslim’s worship. I happened to be visiting a friend a few days later who was watching a documentary presented by Al-Majd TV channel about moon-sighting. In this documentary, the channel interviewed the person who sighted the moon; it was apparent that this man was not just a simple lay person with little intelligence. He was well educated, experienced and knowledgeable in both visual sighting as well as astronomy. He even took the camera crew to the actual location and his set up where he would watch for the new moon. He also added that it was his habit for many years along with a group of people to monitor the new moon every month. At times they would accompany one of the judges of that area. In addition, a famous Saudi astronomer Dr. Mohammed Bakheet al-Maliki wrote an article published in Ramadan 1421 AH (Dec 2000) that in 1413 AH astronomers announced that it was impossible to see the new moon due to its disappearance half an hour before sunset, yet it was announced that the moon was sighted by more than ten people in Saudi Arabia and in the United Arab Emirates. He also added that some sighted the moon without intentionally going out to look for it. The number of witnesses rose to the extent that the Judicial High Court ceased to accept any more testimonies. The famous scholar Dr. Bakr Abu Zaid, who used to work for the Ministry of Justice that is in charge of dealing with witnesses, mentioned that in 1406 AH astronomers announced that it was impossible to sight the new moon of Shawwal. However the moon was sighted by more than twenty different people in various places in Saudi Arabia and some other neighbouring countries. In addition, I came across a PhD thesis by a researcher who said that in 1425 AH it was also announced that it was impossible to sight the new moon of Shawwal yet it was witnessed by more than forty people and the authorities officially recorded more than ten of those testimonies. I relate these incidents to provide more clarity about the issue and to advise people not to accuse other Muslims, especially knowledgeable people, of committing trivial mistakes concerning major matters.

Finally, I would like to emphasise to my brothers and sisters living in any non-Muslim country of the conclusion of this discussion. The evidence compels us to follow the opinion of the majority of Muslims in our country irrespective of the how the opinion is arrived at. There are further details that need clarification to answer many questions for Muslims living in the West; it is not the intention of this article to address such detailed matters but to clarify the main misconception about moon-sighting and the role of astronomy.

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Notes:
Source: www.islam21c.com

1. Ahkam al-Qur’an 1/280.
2. Al-Muntaqa Sharh al-Muwata 2/38.
3. Bidayah al-Mujtahid 1/283-284.
4.
5. Majmu’ al-Fatawa (25/132-133).
6. Hashiyah Ibn ‘Abidin 2/387.
7. Narrated by Abu Hurayrah, related by both Al-Bukhari and Muslim.
8. As mentioned in Surah al-Nur. This process involves both the husband and wife going to a judge and testifying by Allah that they are truthful and if not invoking the curse of Allah upon themselves if they are lying about the alleged act of adultery. Once this process is finished then the child will be associated with the mother and have no connection with the father.
9. This includes the right to claim lineage to the father (and his family), the claim to maintenance costs and inheritance. These and other rights are discussed in the books of Islamic jurisprudence.
10. Some scholars may consider tacit approvals from both sides as another legitimate way of depriving him this right. This case is only offered as an example here and its details are not able to be discussed here.
11. There is more to be said about the part of the hadith where the Prophet commanded his wife Sawdah to don the hijab before the disputed person. However, that is outside the scope of this discussion.
12. Surah al-Hashr 59:7
13. It is recorded by al-Tirmidhi and the wording is his, Abu Dawud and others.
14. Surah al-Ma’idah 5:38
15. al-Furuq vol. 2, pg. 179
16. Surah al-Isra’ 17:78
17. Surah al-Rum 30:17