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Jamiatul Ulama (Council of Muslim Theologians), Johannesburg |
| Title: |
Sighting the Moon |
| Date: | 15 October 2004 |
| Author: | Madrasah Arabia Islamia |
| Agency: | Madrasah Arabia Islamia |
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1. Introduction
2. Islamic
Perspective Regarding Scientific Inventions In this regard Allâh Ta’âla says, “Allâh has created everything oil earth for you.” A considerable point brought to our attention is that scientists do not invent or create new things. Instead, Allâh teaches them how to use the same natural resources according to the needs of the time in a benefiting way, which is why in every era, different beneficial things are produced. For example, in previous times people lived together in clans. All members of one clan lived together. Hence there wasn't any need for communicational instruments. Later on when people began living separately in different towns, countries and continents, the necessity for communication arose. Subsequently the telephone, fax and today e‑mail has been invented. If these instruments were not created, it would have been difficult for brothers and sisters, parents and children etc. to communicate which would eventually result in loss of contact (severing of ties). Because of the necessity for maintaining the social fabric, these instruments were invented. Otherwise, we would have been compelled to do something that was beyond our capacity. Allâh does not oblige us beyond our capacity. On the other hand, usage of these instruments in the wrong way would be a cause for incurring the wrath of Allâh. Incorrect usage implies contravening or disregarding any Islamic law. Having understood this perspective, it would be easy now to apply it on present‑day instruments and even those instruments, which are yet to be invented.
However, it is unjustifiable to
point an accusing finger at the Ulama. Never has
any Aalim prohibited (without valid reason) the
usage of bombs, communication instruments,
planes etc. However, if these instruments
are wrongly used, they would definitely prohibit
it. The difference of opinion regarding
microphones is based on the difference of
interpretation by the inventors. Some say that
the voice heard on the loudspeaker is the
original [asliy] voice of the speaker,
which makes the usage for salâh
permissible, whereas others say the voice is
transformative [naql], which results in
its impermissibility for salâh.
3. Presence [wujûd]
or Observation [shahûd] of the Moon Secondly, being an act of ibâdah, the necessary rules and conditions dictated to us by the Sharî‘ah should be adhered to. Just as the appropriate time slot is a requisite of salâh, sighting of the moon is a requisite for observing Eid, the Fast for Ramadân etc. Intellect and logic do not determine the conditions and requisites in ibâdah.
One shall acknowledge from the
ensuing pages that in the case of Eid, Fasting
for Ramadân and commencement of Islamic months
etc. the condition is not the mere presence of
the new moon, but the condition is the
observation and witnessing of the new moon by
the naked eye. The moon is present in its orbit
at any given time, its mere presence is not
sufficient.
4. Substantiation
from the Hadîth He also said, “The (lunar) month consist of 29 nights (days), therefore do not commence Ramadân unless you see the moon. If it is obscured (e.g. clouds or sunrays etc. on the day of sighting) then complete 30 days (i.e. before beginning the next month.)” In both Ahadîth, the condition of sighting (seeing the moon) has been explicitly mentioned. Ruwiya in Arabic means to see with the naked eye. This is only possible if the moon is apparent on the horizon. Another condition explicitly mentioned in these Ahadîth is that if the moon is obscured by the clouds etc. and its sighting is not possible with the naked eye, then 30 days should be observed. It becomes evident from this that we are not compelled to use instruments such as telescopes etc. to determine the birth of the new moon. We are only required to look out with the naked eye if the moon is visible or not on that particular day or night. Furthermore, by the horizon being obscured on that particular night logically infers that the new moon is born already because it has been stated in the hadîth that an Islamic month generally consists of twenty nine days only. Despite this acknowledgment Nabî Sallallahu ‘alayhi wasallam still categorically stated that we should complete the month with 30 days. So today also, even if the moon is born already, if it is not seen with the naked eye, we should conclude the month with 30 days.
5. A Doubt
Clarified Those who are well versed in history will know that instruments of this nature existed well before the era of Nabî Sallallahu ‘alayhi wasallam. In Egypt, Syria etc. observatories were established from where it was possible to determine the exactness of future occurrences. Assuming it was not possible to receive this news (birth of the new moon) during the era of Nabî Sallallahu ‘alayhi wasallam there can be no doubt regarding the access and availability of these instruments during the reign of Umar al Farûq Radhi Allâhu anhu. It was in his reign when Islam had dominated most parts of the existing world. If naked sighting of the new moon was inevitable in the era of Nabî Sallallahu ‘alayhi wasallam due to the unavailability of telescopic instruments etc., then Umar Radhi Allâhu anhu would have never left it at that. In fact he would have utilized all those instruments that were at his disposal. Putting it in a nutshell, the existence of the new moon is not a requisite but the sighting of the new moon is the requisite.
6. Wisdom in
Lunar Calculations Secondly, it does not portray the image that the movement or position of any galaxy or heavenly body is the object of worship or devotion as opposed to the solar calendar. Thirdly, it is simpler to use the lunar calendar. The solar calendar, although being very much in vogue these days is much more complicated e.g. the size and shape of the sun remains the same throughout the month, in fact throughout the year. Leaving aside the fact that common knowledge through media informs us that today e.g. is the end of the month; it would be impossible to tell this without scientific instruments. Unlike the case of the lunar calendar, where the month is determined by the sight and shape of the moon! A layman cannot determine the solar calendar because this requires the necessary use of the scientific instruments whereas the lunar calendar is based on the sighting of the new moon with the naked eye, which is possible without any difficulty.
7. ‘One Eid’ Lastly, even if it there was some virtue in 'One Eid', it is evident that due to the time difference between East and West, the object of unification is defeated. 8. Khabar [Information] or Shahadat [Testimony]
9. Conditions for
the Sighting of The Moon
Since many things depend on the sighting of the new moon such as, the commencement of Ramadân, the end of iddat, due dates for payments etc. therefore mere information of the sighting is insufficient. Testimony has to be given before the Islamic court (in Muslim countries, or its substitute in non‑Muslim countries). There are eight conditions for the sighting of the new moon.
10. Number One to
Four
11. Fifth Condition
12. Definition As opposed to ‘âdil’, a person who commits major sins or persists in committing minor sins and whose good deeds are less than his evil deeds is termed a ‘fâsiq’ It should be noted that the actual implication of this condition is that it is not incumbent on the Islamic Judge to take into account the testimony of such a person (i.e. a fjsiq). Therefore, if the Islamic Judge learns from some other source that although he is not 'fidil', he is speaking the truth in this particular issue, then the ruling which is based upon such a testimony shall be accepted. (Hiddyah, Sharh Wiqdyah, Shdmi, A1amghiri) This point is deduced from the following verse: “If a fâsiq brings any information, then you should investigate its veracity.” According to the definition of âdil’, it would concur that the majority of Muslims would be classified as fâsiqs. Therefore, the judge will investigate the condition of the testifier and thereafter accept or reject it according to his investigation.
13. Sixth Condition
14. Seventh
Condition
15. Eighth Condition
16. Important
17. A Different Form
of Testimony 1. Where the eyewitness gives testimony in person. 2. Where the eyewitness makes two people witness to his testimony and they in turn give testimony regarding his testimony. A third form of testimony is where a person testifies to an Islamic Judge or Ulama body that he was present in a court hearing of another town where testimony was given in this regard and the judge had accepted their testimony. The first one is termed as shahadah. The second one is termed as shahadah upon shahadah, The third one is termed as shahadah upon qadâ.
18. Now Many
Witnesses a) sighting the moon on condition that all the prerequisites for giving testimony are found in them, b) to bear testimony to the court procedure of another judge and his judgement. However, if the horizon is obscured, then for the commencement of Ramadân, the news of one ‘âdil person (male or female) is sufficient. Shahadah is not necessary. 2. If the horizon is clear, then excluding Ramadân and the two Eids, the testimony of two males or two females and one male will be sufficient. However, for Ramadân and the two Eids, if the horizon is clear, then it is necessary for a multitude of people to give testimony for eye witnessing the new moon. Another instance when Shahadah is not necessary, is when reports of the sighting of the new moon are so numerous that it is impossible to imagine it being a lie or a conspiracy. The condition for acceptance will be that people from different areas, cities and towns of one country sight the new moon or report that they have witnessed this court procedure at another place/court where that judge has accepted the testimony. In this instance neither is Shahadah necessary nor are the conditions of Shahadah necessary. Therefore it will be accepted even though these reports come by phone, fax or e‑mail, etc. This is known as istifâdah. However, this will only be accepted when the reporters have heard directly from those who had actually seen it or they were present at a court hearing of another vicinity regarding the moon sighting.
19.
Diverse Horizons [Ikhtilâfe‑Matâli] Hence the question is, should the sighting of the new moon on the horizon of a comparatively Easterly country be binding on a country, which is comparatively westerly, or should they sight the moon on their own respective horizons. In other words, if the moon was sighted on the Makkan horizon, are we in South Africa compelled to follow it. In this regard, the Sahaba, Tabi‘în, Fuqaha, Muhaddithîn and ‘Ulama hold three diverse views. 1) Diverse horizons should be considered and every town and country should see the moon independently. Furthermore, under no circumstances will the sighting of another country be sufficient. As in the case of prayer times, every country is independent of the other, here too, will it be the same. 2) Diverse horizons should not be considered which means that if in one country the moon was sighted, the rest of the Muslim world will follow suit. They deduce this from the hadîth wherein it is mentioned, “Fast when the moon is sighted and terminate fasting when it is sighted.” This means that you should fast after sighting the moon and you should stop fasting (i.e. commence the next month) after sighting the new moon. So, although sighting the moon is necessary, but everybody is not compelled to sight it individually. Hence diverse horizons should be disregarded totally. 3) The third group's opinion is that 'diverse horizons' should be considered when there is a considerable distance between two areas. However, where the difference is negligible, it should not be considered, and one could rely on the other.
Imam Abû Hanifah falls in the second
group, which dismisses the issue of ‘diverse
horizons’. However, another group of Hanafî jurists,
prefer the third view. Amongst them is Imam Zaylaee
and the author of Badâ’i, both regarded as
giants in Hanafî Jurisprudence.
20. Present‑Day
Hanafî Scholars In Fathul Mulhim, Allamah Uthmani has justified his reasons for opting for the third view. He writes, “It is proven from the clear text of the hadîth that an Islamic month consists either of 29 or 30 days.” This hadîth has been quoted in the beginning of the book and it is re‑mentioned here. By adopting the second view, one would be acting in contrast to the law of Islam. This will occur when a Westerly country is on the 28th day of the Islamic month when news reaches that the new moon has been sighted in the East. If they disregard ‘diverse horizons’, their month will only consist of only 28 days which is not possible. Therefore it should be considered concerning a far country and overlooked when the country is near. Therefore, the difference between a ‘Far’ country and ‘Near’ country is determined by this factor that it should not be obliged to have a month of 28 days or 31 days, when accepting the sighting of another area or country.
In the humble opinion of the author,
a possible reason why Imam Abû Hanifah dismisses the
issue of ‘diverse horizons’ is because in his era it
was impossible to fathom how testimony from the east
could reach the west. These days such instruments
are available, but even then the third opinion seems
most fair and appropriate. |
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| Source: | Jamiatul Ulama |
http://www.islamsa.org.za