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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
7
deserves the stone’ . 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’an 8, 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 right 9 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.
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!
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.
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: