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Saturday - August 19 2006
Mufti
Ebrahim Desai Saheb was invited to a Hilaal Conference on 20 August
2006. Hereunder is a summary of his travel
The Muslims
in England have been facing a dilemma regarding moonsighting
especially during Ramadhaan and Eid. The crescent (Hilaal) is not
visible in England and the Muslims of England have to rely on crescent
sighting from elsewhere. Sometime back, the Muslims of England used to
rely on the crescent sighting of Morocco as there is normal visibility
there and proper sighting procedures are carried out in Morocco. The
Muslims in England started experiencing difficulties in following
Morocco due to poor communication and late information. It was then
decided to follow the sighting of Saudi Arabia.
The Fiqhi
principles following the sighting of another place is:
According to
the majority of Fuqahaa, Imaam Maaliki [ra], Imaam Ahmad [ra] and
Imaam Abu Hanifa [ra], Ikhtilaaf-e-Mataalie (different zones) are not
considered for fasting. The sighting of one place could be considered
for another place on condition the sighting was possible and reliable
and sighting of another place will not lead to the month being 28 days
or 31 days.
When the
Muslims of England started following the sighting of Saudi Arabia,
many open and glaring discrepancies of the Saudi sighting have come to
the fore. For example, the Saudi calendar is based on GMT (GreenwichMeridian
Time) and the announcement for Ramadhaan is made almost 1.5 (one and a
half) days before the visibility of the crescent. There is no way that
the month of Ramadhaan could commence at that time.
In a recent
gathering of approximately 300-400 Ulama in England, this issue was
discussed in much detail. The month of Ramadhaan is approaching and
some senior Ulama decided to offer guidance to the Muslims in England
and arranged this conference.
The
conference was hosted by the Islamic Centre of Croydon. Alhamdulillah,
this Centre is suitably located and has the capacity of approximately
4000 Musallees. The Imaams of of the Musjid are Mufti Yusuf Danka and
Moulana Ashraf.
There were
many guest speakers at the conference. Some of them were Shaykhul
Hadith Hadhrat Moulana Ayub Surthi Saheb (Khalifa of Hadhrat Moulana
Hakim Akhtar Saheb); Imaam Abdul Jalil Sajid; Hadhrat Mufti Ismail
Kaccholvi Saheb (Darul Ifta Wal Irshaad - Khalifa of Hadhrat Shaykh
Zakariyyah, former head Mufti of Jaamia Islaamia Dabhel and Ustaadh of
many leading Ulama and Muftis); Moulana Sameeruddin Saheb (Manchester
- expert on moonsighting;author of Sameeri calendar - a detailed
explanation on the Saudi sighting, a must for people of England);
Mufti Ashfaaq (Bradford) and many others.
The
conference was also attended by representatives of many Masaajid and
Islamic Organisations. Alhamdulillah, the conference was very
successful and well attended. All the speakers presented a common
concern and outlining the open and glaring discrepancies of the Saudi
sighting.
I have
presented the following Fatwa (attached after summary) with an
introduction on the importance of time and the different laws of the
Shari'ah which are based on time:
For example:
the sun revolves around the earth 360 degrees in 24 hours (1440
minutes). In every 4 minutes, it covers up 1 degree and there is not a
single time that is void of any Salaat time anywhere in the world.
Somewhere in the world, at any given time, the Adhaan is being called
out and Salaat is being performed. Salaat, fasting, Hajj, Iddah, etc.
are also based on time.
After my
presentation, Hadhrat Mufti Ismail Saheb gave a detailed explanation
on the matter.
Hadhrat Mufti
Saheb madda zilluh have raised many important issues. The following
point was really thought provoking: He posed the following questions -
is it Fardh to follow Saudi Arabia? Is it Waajib? Is it Sunnah? Is it
Mubaah?
Even if it is
Mubaah, look at the negative factors surrounding following Saudi
Arabia. There is so much of disunity in the different communities and
families. What is then the point of insisting on following Saudi
Arabia? He also pointed out that the Ulama of Germany reliably conduct
their own sighting? We could even follow them.
The pain and
anguish of the confusion and disunity was clearly visible on Hadhrat's
face. He urged the congregation to come on common ground.
I was then
called up to conduct a Q/A session on the issue. Alhamdulillah, the
congregation forwarded many questions. Most of them expressed their
understanding of the Saudi sighting discrepancies but raised the
following points:
Q: Some
people claim following their Shaykh as he is a senior person and he
follows the Saudi sighting.
A: There are
also many great and senior Mashaaikh, Ulama and Muftis who do not
agree with the Saudi sighting. The criterior of following Shari'ah
should be based on sound juridical principles and not merely following
one's Shaykh. If it has been clearly proven that there are open flaws
in Saudi sighting, this being also confirmed by many local Arabs and
experts in Saudi Arabia, then to insist on following one's Shaykh is
nothing but prejudice and trespassing the boundaries set by the
Shari'ah. It will be incorrect to follow one's Shaykh of Tasawwuf in
this issue. The Shaykh is not error proof.
Q: If the
sighting of Saudi Arabis is flawed, what about the validity of Hajj?
A: The
validity of Hajj should be viewed from two angles; a) Sighting and
correct date, b) Hadith in Tirmidhi, Rasulullah (sallallahu
alayhi wa'alihi wasallam)
said, "Hajj is on that day when people perform Hajj'. If the Saudi
sighting is incorrect, then too the Hajj will be valid because of the
Hadith. Furthermore, there are juridical examples of the day of
Arafaat not being on the 9th of Dhul Hijjah, yet the Hajj is valid.
The issue of
Ramadhaan in England should not be confused with Hajj. Hajj is
performed in Makkah Mukarramah and its surroundings. The people there
are bound by the Qadhi's announcement there. That is not the case for
Ramadhaan in England.
Q: Some
people claim that following Saudi sighting is in keeping with the
honour and respect of Makkah Mukarramah and Madina Munawwarah. Your
comments:
A: The
respect for Makkah Mukarramah and Madina Munawwarah is an integral
part of our Deen. Imaam al-Bukhari [ra] has commenced the 30 Juz of
Bukhari with topics of respecting the Haramayn - Makkah Mukarramah and
Madina Munawwarah. No Muslim can be a true and honest Muslim if he
does not have the respect of Makkah Mukarramah and Madinah Munawwarah.
In the same breadth, no Muslim can be a true and honest Muslim if he
goes against a clear and direct injunction of Rasulullah (sallallahu
alayhi wa'alihi wasallam)
and his Hadith. The Hadith is clear, "Fast when you see the crescent.'
We are faced
with a situation of following an incorrect announcement of commencing
Ramadhaan and the Hadith of Rasulullah (sallallahu
alayhi wa'alihi wasallam).
The respect of the Haramayn is because of Shari'ah, Allah and His
Rasul (sallallahu
alayhi wa'alihi wasallam).
Not because of the incorrect announcement of some organisation in
Saudi Arabia. It will be against respect of the Haramayn to ignore the
Hadith of Rasulullah (sallallahu
alayhi wa'alihi wasallam)
and commence Ramadhaan based on Saudi's incorrect calculation.
Conclusion
After the
conference, I have interacted with the congregation. All the people
have expressed their satisfaction with the programme and their
determination not to follow Saudi sighting. It was decided that the
sighting of any other place where the sighting is reliably conducted
will be accepted, for example, Morocco, South Africa, Germany, etc.
Apart from
the moonsighting issue, I was requested to conduct a programme on
Islamic Banking and Business related issues. That was held on Friday
night. On Sunday night, I was requested to conduct a programme on
Estate and Wills.
Q: Muhtaram
Mufti Saheb; Assalaamu Alaykum
One of the
dynamics of Islam is its consistency as regards time. The moon plays
an important role in that regard as the Muslim's calendar is based on
the moon's movements and sighting. Many Islamic functions depend on
it, especially, commencing and terminating of Ramadhaan, the Hajj,
Zakaat, etc. Kindly provide us with guidelines based on the below
questions:
1. Should
Muslims begin Ramadan or Celebrate Eidain on dates fixed by
calculation totally disregarding the Hilal (crescent) of the Qur'an,
the Sunnah and Fiqh?
2. If Hilal
is seen by one Muslin male through binocular or telescope is enough to
start the Islamic month? Keep in mind, the same Hilal was NOT visible
through naked eye.
3. Some
Muslim calendars have fixed the dates of Ramadan and Eidain on the New
Moon (conjunction) dates. The Hilal cannot be seen in the evening of
those dates or even next day (in many cases). Should Muslims follow
these dates?
4. Kindly
comment on the reports of Hilaal sighting from neighbouring countries
and overseas particularly Saudi
Arabia?
A:
Introduction
For
centuries, the moon has played a pivotal role in many aspects in the
life of man in general. Traditionally, full moons were associated with
temporal insomnia, insanity (hence the terms lunatic and lunacy) and
various magical phenomena such as lycanthropy. The new moon signifies
the beginning of the month in lunisolar calendars such as Hebrew,
Budhist and Chinese calendars. Chinese Budhists observe a vegetarian
diet on the new and full moon of every month. Neopagans hold a monthly
ritual called an Esbat at each full moon, etc.
Islam, being
a religion that appreciates the role that traditions and customs play,
has retained the significance of the moon and its phases, however,
contextualising it. In the Holy Qur'aan, Allah Ta'ala declares and
enshrines the importance of the moon and its phases, "They ask you (O
Muhammad
(sallallahu alayhi wa'alihi wasallam)
about the crescents. Say, these are signs to mark fixed periods of
time for mankind and for pilgrimage.' (Surah Baqarah Aayat189)
Islam has,
however, retained an observational definition of the new moon, marking
the new month when the crescent moon is actually seen, and making it
impossible to be certain in advance of when a specific month will
begin.
Taking into
cognisance the bearing that the moon, its phases and the lunar
calendar have on the spiritual life of a Muslim (obligatory fasting,
Hajj, Zakaat, etc. which are all dependant on the lunar calendar), it
is imperative that extreme caution, prudence and proficiency be
exercised in determining the new month and its respective number of
days.
Deliberate
attempts to alter the months and negligence in this respect is the
cause of severe censure and rebuke from Allah. Allah states: "The
postponing (of a sacred month) is indeed an addition to disbelief,
thereby, the disbelievers are led astray for they make it lawful one
year and forbid it another year in order to adjust the number of
months forbidden by Allah, and make such forbidden one's lawful. The
evil of their deeds is made far seeming to them. And Allah guides not
the people who disbelieve.' (Surah al-Tawbah Aayat37)
Henceforth,
we embark on an endeavour to outline the phases of the moon, procedure
of taking testimony, the role of astronomical data, the Saudi
Sighting, Ikhtilaaf-e-Mataali'e and the Issue of Neighbouring
Countries
1) Islam
being a religion that is natural, embraces simplicity and is a perfect
way of life for all people of all times irrespective of their age,
class, creed, nationality or background has made those aspects upon
which is dependant the spiritual life of every believer easily
understandable, securable and natural, whether one may be rich or
poor, lettered or unlettered.
For example:
For Salaat, which is incumbent upon every believer, Allah has made the
direction of the Ka'bah (Qiblah) a prerequisite and not the facing of
the actual Ka'bah. This type of
information can easily be secured and
established by every believer whether literate or illiterate. Had this
not been the case, this would warrant that in order to discharge the
obligation of Salaat, one secure proficiency in the respective field?
The result would be that only certain sections of the Ummah would be
able to discharge the obligation of Salaat.
Similarly,
many aspects of a believer's spiritual life (fasting, Hajj, Zakaat,
etc.) are dependant on the Islamic calendar. Therefore, Islam has
chosen the actual visual sighting of the moon (Crescent signaling the
new month) which can easily be established by every individual of this
Ummah.
In the light
of the Ahaadith of Nabi (sallallahu
alayhi wa'alihi wasallam)
and the references of the Fuqahaa (Jurists), an Islamic month is 29
days. Subsequently, if the moon is sighted, this will signal the
beginning of the new month. If the moon is not sighted after 29 days,
one more day would be added to the current month after which the new
month will commence. (Sahih al-Bukhari Hadith1907)
2)
Prerequisites for Accepting Sighting of the Crescent Signalling the
Commencement of Ramadhaan
1.
If the skies are not clear or are obscured due to dust,
smoke, mist, etc. then the declaration of one upright Muslim, whether
man or woman is sufficient.
If the skies
are clear and no obscurity exists due to dust, mist, etc. then the
testimony of even a few individuals will not be sufficient. The Khabar
(information) of such a large group
of people that would necessitate certainty or overwhelming assurance
is required. This is required as the prevailing sky condition warrants
that a large group of people sight the moon and that the sighting
would not normally be limited to a few individuals.
Some Fuqahaa
(Jurists) have endervoured to specify the number of individuals whose
testimony would necessitate Dhann-e-Ghaalib. On the one hand, Khalf
ibn Ayyoob [radhiallaahu anhu] considered the testimony of even
500 people insufficient. On the other hand, Hasan ibn Ziyaad [radhiallaahu
anhu] on the authenticity of Imaam Abu Hanifa [ra] regarded the
testimony of 2 males or 1 male and 2 females as sufficient. Allamah
ibn Nujaym al-Misri [ra] preferred this view of Hazan ibn Ziyaad [ra]
due to the apathy and negligence of the people of his time in regards
to moon sighting. (Rasaail-e-ibn Aabideen vol.1 pg.234)
The reality
is that this number will vary from time to time, place to place and
will depend upon the qualities and attributes of the witnesses.
Furthermore,
certain Ulama have asserted that the requirement of the testimony is a
large group if a bid'ah (innovation) and unsubstantiated? In
refutation to this, we present the narration of Musannaf Abdur Razaak
(Hadith 7378)
This
prerequisite is furthermore in keeping with the dictates of logic and
reason. The sighting of only a few persons despite clear and
unobscured skies alludes to an error or fabrication
3)
Prerequisites for Accepting the Sighting of the Crescent Signalling
the Commencement of Shawwal
1.
If the skies are not clear or are obscured due to dust,
smoke, mist, etc. then the testimony of 2 males or 1 male and 2
females is required.
2.
3.
If the skies are clear or unobscured, then as in the
case of the month of Ramadhaan, the testimony of a large group that
necessitates Dhann-e-Ghaalib is required.
Furthermore,
in the remainder ten months of the year, i.e. other than Ramadhaan and
Shawwal, the prerequisites for accepting sighting of the crescent are
the same as in the month of Shawwal.
4) The Moon
and its Phases
A phase of
the moon is any of the aspects or appearances presented by the moon as
seen from earth, determined by the portion of the moon that is visibly
illuminated by the sun. The lunar phases vary cylically as the moon
orbits the earth and the earth moon system orbits the sun, according
to the relative positions of the earth, the moon and the sun. Since
the moon appears bright only due to the sun's reflected light, only
half of the moon facing the sun is illuminated.
With the
relative positions of the sun, the earth and the moon changing, the
full moon will appear when the sun and the moon are on opposite sides
of the earth. At this phase, the moon as seen from the surface of the
earth is fully illuminated by the sun, presenting a "full' round disk
to viewers.
The new moon
is the lunar phase that occurs when the moon, in its monthly orbital
motion around earth, lies between earth and the sun, and is therefore
in conjunction with the sun as seen from the earth.
At this time,
the illuminated half of the moon faces directly towards the sun, and
the dark or unilluminated portion of the moon faces directly towards
earth, so that the moon is invisible as seen from earth. To base an
Islamic calendar upon the birth of the new moon is contrary to the
Ahaadith of Nabi (sallallahu
alayhi wa'alihi wasallam)
as at this time to sight the moon is impossible.
After the
birth of the moon, as it moves away from the sun, sunlight falls on
the moon's surface at the rate of 15.41 km per hour. The moon requires
about 275 km of light on its surface for it to be visible from earth.
This calculates to about +-18 hours from the birth of the moon. This
time is called "Imkaan al-Ruyat' or Visibility Time. Anyone seeing the
moon before this is either mistaken or breaching the truth. At this
stage, the moon will be visible from the earth and is called the
waxing crescent.
The period
between the waxing crescent and the new moon as well as the new
moon and the waxing crescent is called the dark moon. At this stage,
the moon appears so close to the sun in the sky that it cannot be seen
even near sunset or sunrise, i.e. there is insufficient light on the
moon's surface for it to be seen from earth. The dark moon may last
upto 3.5 days.
The time
between 2 full moons (or between successive occurences of any two
phases, e.g. ¼ moon to next first quarter moon is about 29.53 days (or
29 days, 12 hours, 44 minutes)
The different
phases of the moon have different names. As the moon waxes (the amount
of the illuminated surface as seen from the earth is increasing), the
moon moves through the new moon, crescent moon, first quarter moon,
gibbous moon and full moon phases before returning through the gibbous
moon, third quarter moon, crescent moon and old moon phases. The terms
new moon and old moon are interchangeable.
5) Diagram of
phases
Dark moon - not visible
New moon - not visible
Waxing crescent - right 1 - 49% visible
First quarter - Right 50% visible
Waxing gibbous - 51% - 99% visible
Full moon - fully visible
Waning gibbous - left 51 - 99 % visible
Third quarter - left 50% visible
Waning crescent moon - left 1-49 % visible
New moon - not visible
Casual
observers will not typically notice a waxing crescent moon until about
18 hours after it has passed in conjunction with the sun, i.e. after
new moon. But some individuals have crafted a hobby out of attempting
to view the moon after a much shorter interval than this. Informal
records and their confirmality vary; some have claimed to have seen
the moon as little as 12 hours after the moment of conjunction. Three
factors increase the likeliheood of spying a very young moon:
Firstly, the
angle the moon makes with the ecliptic must be favourable for the
applicable side of the earth. The optimum scenario for this would be a
new moon that falls in mid March in the Northern hemisphere or in mid
September in the Southern hemisphere.
Second: the
moon should be at or near pedigree, causing it to appear to move
faster (and hence draw away from the sun sooner) and
Third: the
new moon must be at or near its maximum separation from the node in a
favourable direction based on the hemisphere of the observer. These
same principles can be applied to a very old moon just before
conjunction.
6)
Astronomical Data and its relevance in the Shari'ah
Certainly,
Allah after creating the sun, the earth and the moon has not left them
to wonder at random, rather they move within an organised, fixed
pattern without any scope or margin for error or variance as a basis
for the calculation of time and the calendar.
Appreciating
this fact (movement of the moon, earth and the sun are the basis of
calculting time and passing thereof), the question that arises is that
to what extent has atronomy secured this
information; how reliable is it and
what components thereof can be proven conclusively without a
reasonable doubt.
In response
to the above question, experts in the field have proven that the
undermentioned aspects can be established conclusively, without a
shadow of doubt with relative ease:
1.
The time of conjunction (when the moon, the sun and the
earth are in a straight line) can be calculated to the second;
2.
Altitude of the moon in relation to the horizon or
observer can be calculated to the degree;
3.
Azimuth - the direction of the moon, measured clockwise
around the observer's horizon from the north. So, when the moon is due
north it has azimuth of 0 degrees, when due east 90 degrees, South 180
degrees and West 270 degrees;
4.
Elongation of the moon, i.e. it's angular separation
from the sun;
5.
The phase, width and age of the moon;
6.
Astronomical sun and moon rise and set times (which are
already relied upon for selective purposes).
Although the
above can be established conclusively, certain aspects that are
pertinent and critical to the issue of moonsighting cannot be
conclusively proven and are the facts of personal experience and
research which may be questioned or debated. Amongst them are:
Firstly, the Danjon limit of
visibility of the lunar crescent, i.e. what is the minimum degree of
elongation at which moonsighting is possible? Named after Andre Danjon,
an astronomer who in 1932 announced based on research and experience
that at an elongation of 7 degrees or less, moonsighting is
impossible. The Malaysian Professor Muhammad Ilyas is of the opinion
that an elongation of 10.5 degrees or less will not allow moonsighting.
Of late, research at the department of Physics,
University of
Durham,
has shown this limit to be 7.5 degrees. They have attributed the
finding of Andre Danjon to an imprudent estimate and that of Professor
Ilyas to the underestimation of the power of sight.
Resulting
from the above differences of opinion, a deduction that may be made,
although not conclusive but very persuasive, is that the elongation
limit of visibility is at least 7 degrees (as this is what all parties
are agreed upon). A reported sighting of less than 7 degrees will be
unacceptable according to all.
Secondly, the
altitude of the moon in relation to the horizon can be calculated
accurately to the hundredth of a degree. However, the minimum altitude
at which point moonsighting is possible is speculative. Experts have
asserted that at an alttitude of less than 5 degrees moonsighting is
very difficult. This is due to various reasons, amongst them:
1.
Environmental conditions: the difficulty that dust,
smoke, etc. in the horizon poses at a lower altitude is greater than
at high altitute.
2.
Seasonal conditions - the difficulty that mist,
cloudiness, etc. poses is also greater at lower altitudes.
3.
At lower altitudes, the brightness after sunset in the
horizon will outshine the crescent making it difficult to sight.
Furthermore,
one's position on the globe also has a bearing such that if the moon
is in the southern hemisphere, then as we move northwards, the moon
will draw closer to the horizon until such a point when it will be
below the horizon. At this point, it will be impossible to sight the
moon because its light will not reach you. Also, at higher altitudes
the density is lower, making moonsighting easier.
We,
therefore, conclude that the minimum altitude at which moonsighting is
possible is speculative and although experts have set a limit of 5
degrees, this may vary with changes in environmental conditions,
seasonal conditions, proficiency and strength of eye sight.
7) Can We
rely on astronomical data or not?
There are 3
opinions on this issue:
1.
Those that
place complete reliance on astronomical data, negating any role of
actual sighting.
According to this group, the new month will begin as forecasted by
astronomical data irrespective of whether actual sighting took place
or not. This view goes contrary to Ahaadith of Nabi (sallallahu
alayhi wa'alihi wasallam)
and is therefore unacceptable.
2.
Those that
place complete reliance on actual sighting allowing astronomical data
no influence.
According to this group, the ultimate decision will be based on the
reliability of witnesses bearing testimony of moonsighting. If they
are reliable, then their testimony will be accepted and a ruling
passed accordingly irrespective of whether such a testimony appears
reasonable or logical, and whether it is acceptable in terms of
astronomical predictions or not. This group seek support for their
view from the Ahaadith that commands the commencement and ceasing of
fasting with actual sighting of the moon - and that we are a simple
unlettered Ummah. Many ibaaraat of the Fuqahaa can also be found in
support of this view.
3.
Those that
give astronomical data, persuasive influence but not conclusive
authority.
This group
purports that issuing a ruling solely based on actual sighting even
though it may be contrary to reason and logic is against the teachings
of Islam. They purport that although certain aspects or rulings of our
deen may be supralogical, they will never be illogical and just as
Islam has embraced simplicity and a natural way it also embraces logic
and reason. Allamah Jassas in al-Fusool (vol.4 pg.80) and Allaamah
Shatbi in al-Muwaafaqaat (vol.3 pg.131) have brought chapters in
support of this. According to this group, actual sighting of the moon
will still be the basis of issuing a ruling (and not astronomical
data). Astronomical data will merely be used to authenticate the
veracity of testimonies given. If testimonies are given that are
impossible according to astronomical data, they will be rejected. This
was the view of the great Shaafi'ee scholar, Allamah al-Subki (Fataawa
al-Subki vol.1 pg.209) and the Taabi'ee Mutarrif ibn Abdullah
(commentary of Sahih Muslim - al-Minhaj vol.1 pg.347).
Rejecting the
testimony of one, two or a few people whose collective testimony does
not necessitate absolute conclusive
information is not something new to
Islam if it is contrary to conclusive, absolute
information. This is also why the
testimony of moonsighting of one or two people in the context of clear
skies is not accepted.
Consider also
the following from the works of the great Ulama.
A question
may arise that how can the testimony of a reliable Muslim be rejected
based on astronomical data whilst the astronomers are at variance with
themselves. In response to this: Certain astronomical
information can be proven
conclusively (like time of conjunction) and some not as in the case of
the minimum altitude of which moonsighting is possible.
Therefore, if
a group of individuals (that has no reached the level of Tawaatur -
absolute) testify to sighting the moon before conjunction time, then
this testimony will be rejected. The time of conjunction as presented
by astronomical data is absolute and if contradicted by that which is
not absolute, then the absolute will be give preference.
By way of
example: if sunset is predicted (by astronomical data) to be
5:15 pm, and a
group of individuals testify under oath that they had performed
Maghrib Salaat at
4:35 pm because
they witnessed sunset at 4:30 pm., then their collective testimony
will be rejected. This rejection will be on the basis that
astronomical data, which is absolutely conclusive, is being
contradicted by that which is not absolute.
However, if
astronomical data which is not absolute, such as the minimum altitude
for moonsighting is 5 degrees is contradicted by the testimony of a
few individuals, e.g. moonsighting at 4 degrees, then their testimony
will not be rejected on mere contradiction (as both contradicting
sides are of equal strength). Rather, either side will be give
preference due to outside factors.
8) The Saudi
Sighting
The Saudi
calendar as regulated by the Majlusl Qadhaa a'Alaa was based on a 32
year pre-set calendar set in accordance with the Greenwich New Moon
Astronomical Timetable from 1409 AH to 1440 AH. This resulted in the
month commencing approximately 1.5 days prior to the visibility of the
moon or some 8 - 9 hours before its own new moon time.
To explain,
the Saudi calendar was set according to GM Time which starts at
12 o'clock
midnight,
corresponding to
3am Saudi time. So,
if the new moon is shown to be just before
12 o'clock
midnight in
Britain, then the next
morning is counted as the first of the next lunar month in Saudi. Once
they announce that the first is from the morning, it implies, that the
moon was sighted at Maghrib the previous night. If we presume Maghrib
to be at
6 pm, then the
announcement, in
Saudi Arabia has come some
9 hours before their new moon time. Because the new month should
commence with visibility time, the Saudi calendar begins approximately
1.5 days early.
Subsequently,
since 1420AH, the Saudi calendar was adjusted to the new moon time.
This calendar still falls short of the actual visibility time, which
is some 18 hours after the new moon time resulting in the calendar
still being one day ahead.
9) Ikhtilaaf
al-Mataali'e
Matala refers
to the place of rising of the moon. The moon is born in different
parts of the world and accordingly will rise and set at different
times depending on the various geographic locations. Thus, the moon
will rise and will be visible at a particular place and might not be
visible at another place at the same time due to the latter having
different moonrise and set times.
Based on the
above, two questions arise: Is this concept of ikhtilaaf-e-Mataali'e
recognised in the
Shari;ah, and will it be considered for
calendar purposes?
In response
to the first question, it is a unanimously accepted fact that is, in
keeping with the Ahaadith and the works of the Fuqahaa that
ikhtilaaf-e-Mataali'e is recognised for purposes of Salaat. Based on
this, the setting of the sun at place A, which will usher in the time
of Maghrib will not necessitate the compulsion of Maghrib Salaat on
Place B which is still experiencing daylight. Since this issue no
longer remains a point of contention, we will refrain from any further
elucidation.
Secondly is
the sighting of two different places sufficient for one another if
their location is different for moonsighting purposes?
According to
the former Hanafi, Hanbali and Maaliki scholars, ikhtilaaf-e-Mataali'e
plays no role for moonsighting purposes and by virtue of this, the
moonsighting of two different places (irrespective of the distance)
will be sufficient for one anotrher.
Support for
this view is solicited from the Hadith which commands commencement of
fasting with the sighting of the moon. This command is general such
that once the moon is sighted, the compulsion of fasting will fall
irrespective of where one may be in the world.
However,
applying this view as a blanket ruling poses certain pertinent
difficulties. The most critical is that because the time difference
between some cities of the globe is more than 12 hours, applying this
view will result in the month having only 28 days or at times 31 days.
This result in direct conflict with the Hadith of Nabi (sallallahu
alayhi wa'alihi wasallam)
limitating the range of a number of days of a month from 29 to 30
days.
It is with
this in mind that some latter day Hanafi Fuqahaa have qualified this
view to be applied only between two places whose mutual reliance (for
moonsighting purposes) would not lead to the month being 28 days.
Allamah Shabbir Ahmad Uthmaani [ra] mention in Wa'zul Ushr page 877
Allamah
zayla'ee after rigorously discussing the issue of
ikhtilaaf-e-Mataali'e mentions (Tabyeen vol.1 pg.221):
Furthermore,
contemporary Hanafi Muftis have ruled that two places that do not
normally see the moon on the same day (stemming from a great
difference) cannot rely on each other for moonsighting purposes (see
attached Fataawa).
The official
ruling of the Shaafi'ee Madhab differs with the Hanafi, Maaliki and
Hanbali Madhaahib. The sighting of a place will not be valid for
another if they fall in different matlas with 24 Farsakh being the
minimum distance for a change in matla. However, some contemporary
Shaafi'ee scholars have opted for another view from within the
Shaafi'ee Madhab that is in line with the Hanafi Madhabs official
ruling.
10) Procedure
of taking testimony
Principally,
the responsibility of taking testimony on moonsighting and making
announcement on the commencement of the respetive months accordingly
lies with the Qadhi or Hakim. In non-Muslim countries or countries
with Muslim minorities, the Muslims may adopt any one of the following
to facilitate this function:
1.
Appoint an Ameer or leader;
2.
Setup Hilaal committees
3.
Each locality appoint any Aalim as an authority.
(Umdah al-Riaayaha
vol.1 pg.309)
After the
testimonies are taken and an announcement is made accordingly, then
the decision reached by any of the above 3 groups is binding upon its
area of jurisdiction.
Hereunder are
a few guidelines which although may not be applied absolutely, are
generally persuasive in ensuring that the testimony is satisfactorily
authenticated resulting in an accurate ruling:
1.
The witness should be reminded of the serious
consequences and repercussions of his testimony and of his
accountability unto Allah;
2.
Testimony should not be taken if the skies were clear.
This is because in this condition, the testimony of 1 or 2 people will
not suffice;
3.
Generally, if a person sees the moon once, he will see
it a second time with relative ease. If the witness saw it once and
was unable to see it a second time, the possibility that might have
been mistaken is increased.
4.
One who has seen the moon will be able to show another
with relative ease. If this second person was unable to see it,
despite the witness pointing it out to him, it will create doubt in
the testimony of the witness;
5.
The witness should not merely give an account of his
experience but should use the words of testimony thereby sensitising
him of the seriousness of his actions;
6.
The body language and facial expressions of the witness
should be observed. He should not seem pressurised to give testimony.
7.
A pertinent point to bear in mind is that the one
taking testimony is not obligated to accept the testimony merely on
the basis that there are witnesses presented who are prepared to
testify. If the testimony is not convincing due to outside factors or
inconsistencies, then the testimonies may be rejected and the
resultant ruling will be binding.
11)
Neighbouring Countries and their Moonsighting
Muslim
communities of the neighbouring countries, i.e. Zimbabwe, Zambia,
Malawi, etc. have always relied on South Africa for moonsighting
purposes (if moonsighting was not reported within their own countries)
and consider South Africa's moonsighting as sufficient and valid for
their calendar purposes. Ulama in
South Africa had adopted a
policy to accept moonsighting in
South Africa only (and not
that of neighbouring countries) for various reasons. Amongs them:
1.
If the moon was not sighted in the eastern parts of the
country, then it would in most cases be sighted in the
Cape (due to its far west geographic location),
depleting on the need to rely on moonsighting outside
South Africa.
2.
Due to poor co-ordination and administration
difficulties (between South Africa and neighbouring countries), the
Shar'ee contact, which is a prerequisite for reliance of moonsighting,
was found to be unacceptable in terms of the precedence of high
standards created by the South African Hilaal Committee.
Of late, the
infrastructure in neighbouring countries in respect to Hilaal
committees as well as their Shar'ee contact (co-ordination and
administration) have been receiving attention. This has resulted in
Ulama from neighbouring countries questioning the South African policy
on accepting moonsighting in
South Africa only. These
sentiments were also emotionally echoed by their respective
communities driven largely by the fact that they have always accepted
our moonsighting (so why not us theirs) as well as in the interests of
unity.
The Ulama in
the eastern parts of
South Africa
(predominantly Hanafi) find themselves torn between two loyalties. If
they accept moonsighting of the neighbouring countries which is
acceptable in terms of the official ruling of the Hanafi Madhab as
well as the Fataawa of the contemporary Hanafi Muftis, they expose
themselves to the risk of this moonsighting being rejected by the
Shaafi'ee Ulama in the western parts of the country because of them
being on a different Matla`. The result would be the South African
Muslim split into two.
On the other
hand, if they take a decision that will be acceptable to the Shaafi'ee
community of the
Cape (and reject moonsighting in a neighbouring
country), they fear a feeling of disunity and tension being created
between South African Muslims and its neighbours.
The challenge
is for the South African Shafi'ee Ulama, working within their Madhab,
to adopt such a policy (for moonsighting purposes) that will maintain
and strengthen unity between not only the Shaafi'ee and Hanafi
communities of
South Africa but also
between
South Africa and its
neighbouring countries.
A suggestion
would be to improve and strengthen co-ordination and Shar'ee contact
between the countries and for SA to consider the moonsighting of its
neighbouring countries if it is acceptable in terms of astronomical
data (as explained in point 6)
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai |
