The Ramadhan and Eid Moonsighting

Ignorance of the Shariah's rules pertaining to the sighting of the moon for the Islamic months leads to unnecessary controversy and dispute on the occasions of Ramadhaan and the two Eids. In this regard there prevailed much controversy and dispute recently in North America and South Africa. Such disputes are usually generated by those who lack Islamic knowledge and are ignorant of the Shar'i teachings and principles on which Islam's rulings are based.

In the desire to forge the celebration of Eid on one day in all places, the Shariah's rules are ignored and the argument of' unity is presented. The clamour for "unity" raised by those who endeavour to force the celebration of Eid on the same day at all places in defiance of Shar'i rules, is not always motivated by sincerity, for we observe that the very persons who raise the slogan of unity go out of their way to create dispute and spread controversy. They revile, criticise and slander those who did not conform to their desires of celebrating Eid on the day proposed by the trumpeters of hollow slogans of unity. If they were sincere in their assertions of unity, they would have buried the differences and not further aggravate the 'dispute' by shouting criticism emotionally and by publicizing the dispute in the non-Muslim press for the consumption of all and sundry. If they possessed true Islamic knowledge, they would not have ventured to fulminate against those who correctly celebrate Eid on the day that Eid is established on the basis of Shar'i rules.

If the rules of Shariah are accepted and followed, there will be no occasion for the needless and acrimonious disputes and controversies created by ignorant modernists, fussaaq and even certain Alims who, for all practical purposes, happen to be just like laymen knowing not how to distinguish between left and right.

Recently a dispute in South Africa centered around Eidul Adha. While Eidul Adha was on Saturday in the Cape and Natal, it was celebrated in Transvaal on Sunday by the overwhelming majority of Transvaal Muslims following the verdict of the Transvaal Jamiatul Ulama. Some groups in Transvaal dissented with the Jamiat's verdict and had Eid on Saturday. In North America, according to reports emanating from that end, much dissension and controversy were created on the occasion of Ramadhaan. Organizations which are supposedly responsible announced the commence­ment of Ramadhaan only to retract the announcement weeks later after discovering that they had been duped. From the information at our disposal it seems abundantly clear that the modernists in North America are a most irresponsible group following personal opinion and desire in matters of Shar'i concern. The principles for sighting the moon decreed by Rasulullah (sallallahu alayhi wasallam) are largely ignored while greater reliance is accorded to wild rumours and just any rumour emanating from any faasiq and faajir. Astronomical tables and calculations which the Shariah rejects in so far as the plotting of the Islamic months are concerned, are accorded the rank of the Holy Writ by the modernists grossly deficient in Shar'i knowledge.

One North American organization of modernists over-awed by scientific progress states :

"The Fiqh Committee should have given more credence to published astronomical tables that show the impossibility of sighting the new crescent....."

Such credence has no Shar'i backing. Greater credence is required for the teachings of Islam. Rasulullah {sallallahu alayhi wasallam) has fixed the following two methods for the establishment of the Islamic months:

(1) Physical sighting of the hilaal (crescent moon) at the end of the 29th day of the lunar month.

(2) Completing the month a full thirty days in the event of the moon not being visible on account of overcast or hazy conditions.

The fuqaha of Islam have explained that if news of the sighting reaches people reliably (Tareeq-e Moojib) then only does it become incumbent to accept such news. But, astronomical tables and scientific tables have absolutely no credence whatever in so far as the commencement of Islamic months is concerned. The views of the various Math-habs of Haqqf ( Hanafi, Maaliki, Hambali and Shaaf i) are set out hereunder on this question.

HANAFI, MAAliKI AND HAMBALI MATHA-HIB

Astronomical tables and calculations have no basis in the determination of the hilaal. Neither Ramadhaan nor Eid become incumbent on the basis of such calculations. It is not permissible for even the astronomer to celebrate these auspicious occasions on the basis of his calculations. It is not lawful to make any announcement of Ramadhaan or Eid on the basis of such tables and calculations. It is not permissible for Muslims to follow such calculations for the purposes of Ramadhaan and Eid.

SHAAFI'I MATH-HAB
According to the Shaafi Math-hab the calculations of an astronomer will be valid for himself, not for the general body of the community. While such calculations may be valid for himself, no announcemnt of Ramadhaan and Eid for the general community may be made on the basis of such calculations and tables.

Thus, it is clear that in the unanimous opinion of all the Math-habs astronomical calculations cannot be used as a basis to impose decisions on the Muslim community in regard to Ramadhaan and Eid.

THE SHAR'I RULES FOR THE HILAAL OF RAMADHAN

Hanafi. Shaafi and Maaliki Math-hab :

The commencement of Ramadhan is established either by sighting the hilaal (crescent) at the end of the 29th day or by completing the month of Sha'baan a full thirty days should the moon not be visible on account of overcast skies, rain, etc, at the end of the 29th day.

Hambali Math-hab

According to the Hambali Math-hab it is not obligatory to complete Sha'baan with thirty days if the moon is not sighted on account of cloudy conditions. If at the end of the 29th day of Sha'baan the skies are overcast and the moon is not visible, it will be obligatory to make niyyat (intention) during the night to fast the following day whether the following day will in actual fact be Sha'baan or Ramadhaan. However, the niyyat should be for the Saum (fasting) of Ramadhaan. Should it be established that the next day is that of Sha'baan then it will not be incumbent to complete the fast of that day which was already commenced.

THE MANNER OF ESTABLISHING THE RAMADHAN HILAAL

Shaaf i Math-hab

The sighting of the Ramadhan hilaal will be valid if it was sighted by even one up righteous Muslim regardless of the sky being clear or overcast The one who reports his sighting should be up righteous, a male, baaligh (major), a free person and sane. When reporting his sighting, he must do so by way of

shahaadat (testimony), i.e. he must say:" Ash-hadu.....(I bear witness)....." He has to proclaim his shahaadat on his sighting in the presence of the Qaadhi or the Ulama or in the Musjid in the event of there being no validly appointed Qaadbi as in the case in our time. Once the declaration of Shahaadat has been made and the decision announced by those in charge, fasting will become obligatory on the whole community.

Maaliki Math-hab

There are three ways in which the Ramadhan hilaal is established

(1) Two Aadil(up righteous) persons sight the moon. These two should be males, free and baaligh (who have attained the age of puberty).

(2) A large number of people sight the moon, the number being such that the possibility of falsehood and uncertainty is precluded. Where a large number of people report their own individual sightings, the condition of Adaalat (up righteousness) is not a requisite nor is it essential that all the sighters in this case be males and free persons.

In the above two ways of establishing the Ramadhan sighting, the word 'shahaada' is not necessary. There is no imperative need for the sighters in these two cases to report their sightings by way of shahaadat (testimony).

(3) The sighting is reported by only one person. In this case the sighting will be valid for only the sighter and such people who have full confidence in his integrity. Where only one person sights the moon, be it male or female, free person or slave, he/she has to observe the fast. However, in the first two cases mentioned above, fasting becomes obligatory on all.

Notwithstanding the fact that the sighting of a single person is valid only for himself/herself, it is obligatory on the lone sighter to report his/her sighting to the Qaadhi or those in his place so that his/her testimony may be taken. When only one uprighteous person makes his report to the Qaadhi, he has to testify by using the term,'shahaadat*. It is quite possible that another pious person from another area also sighted the moon, hence the need for lone sighters to make their reports. This will enable the Qaadhi to make an announcement for the whole community since he will have with him the testimony of several individuals.

Hambali Math-hab

The sighting of the Ramadhan hilaal is confirmed by the report of even one up righteous person who has attained the age of buloogh (puberty). If the Adaalat (up righteousness) of die one who has sighted the crescent alone is unknown (i.e. mastoorul haal), his report will not be sufficient to confirm the hilaal of Ramadhan. The up righteous person for this purpose may be male, female, free person or slave. Shahaadat is not necessary in this case. Although the Ramadhan hilaal is confirmed by the sighting of one Aadil person, nevertheless, it is not obligatory on him/her to report the sighting to the Qaadhi nor make the announcement in the Musjid according to the Hambali Math-hab.

Hanafi Math-hab

If the sky is clear and the sighting conditions are favourable, it is essential that the sighting be reported by way of shahaadat (testimony) by such a large number of people whose testimony cannot be rejected as being false. The large number of witnesses precludes the possibility of doubt and falsehood. The various individuals who report their own sightings should bear shahaadat (testimony) to their sighting. In this case Adaalat (up righteousness) is not an essential condition nor is it necessary that all the sighters be males.

If the sky is overcast, the sighting will be confirmed by the report of even one Aadil, male or female. The person must be an adult Where the sighting is reported by one uprighteous person and conditions are overcast, shahaadat is not necessary. It is obligatory on [he sighters to report their sightings to the Qaadhi. Where there is no Qaadhi, they should proceed to the Musjid and make the announcement.

THE SIGHTINGS OF DIFFERENT REGIONS

According to the Hanafi, Maaliki and Hambali Matha-hib the sighting of one region is valid for another region if the news of the sighting reliably reaches (Tareeq-e-Moojib). Distance and direction as well as latitudinal differences of the regions are of no consequence in this matter. The sighting of the East is valid for the West and vice versa as long as the sighting is reliably confirmed and the news transmitted reliably to preclude any possibility of doubt, uncertainty and falsehood. If the sighting of one region is reliably confirmed in another region, fasting becomes obligatory on the people of that region as well. This applies to Eid as well.

Although some Hanafi Ulama take into consideration difference of latitudinal locations of the regions, the Jamhoor Hanafi Fuqaha reject the validity of difference of latitudinal location in relation to the hilaal for Ramadhan and Eid. The authoritative verdict of the Hanafi Math-hab is thus on the validity of the sighting of one region for another region irrespective of difference in latitudinal location of the regions concerned. But, the essential condition for the acceptance of such news is reliable transmission and receipt of the news (Tareeq-e-Moojib). Just any rumour, news, radio announcement, telephone message, telegraphic message, etc. are not regarded as "reliable" nor are these methods of transmission regarded as Tareeq-e-Moojib for the purpose of confirming the hilaal.

Some persons contend that according to the Hanafi Math-hab the acceptance of the sighting of the moon is restricted to a distance of approximately 400 miles. This is manifestly erroneous. It is not permissible for muqallideen Ulama of our calibre to ignore the offical verdict (Mufta Bih) of our Math-hab and form a conclusion on the basis of a minority view which has been rejected by the Jamhoor Fuqaha of, not only the Hanafi Math-hab, but of the Maaliki and Hambali Math-hab as well. Thus the argument that the sighting of Cape Town is not valid for Johannesburg because of the distance of 1000 miles is not vaiid. Yes, the Ulama of Transvaal are fully entitled to reject the messages of Cape Town and elsewhere if in their opinion the transmission of the messages purporting the sighting did not reach them reliably, i.e. reliably in Shar'i terms (Tareeq-e-Moojib). In the absence of Tareeq-e-Moojib no one has any right to criticise the Ulama of Transvaal for their decision to reject the news of the Cape Town sighting. They are under no Shar'i obligation to accept news which they consider to be unreliable.

Shaafl Math-hab

According to the Shaafi Math-hab the sighting of one region is not valid for all regions even if news of such sighting is transmitted reliably. The sighting of a region is valid for only nearby places (al-jahatil qareebah). "Nearby places" in this context has a specific meaning. According to some Shaaf i authorities it refers to a radius of 24 Farsakh (72 miles). Other Shaaf i authorities reject the restriction of 24 farsakh and explain "nearness" (qurb) hi diis context to refer to all regions which have the same sunrise/ sunset times. Thus, according to the Shaaf i Math-hab latitudinal differences are valid for the purpose of the hilaal confirmation.'Messages of sightings, even if reliable, cannot be accepted from just any place.

Published in The "Awake" Magazine By
Young Men's Muslim Association
P.O. Box 5036, Benoni South, 1502
South Africa