Hadrat Sayyiduna
Ibn-e-‘Umar Radi Allahu Ta'ala Anhu reported that the Messenger of Allah
SallAllaho Alaihi wa Sallam has said,
لا
تصوموا
حتى
تروا
الهلال
،
ولا
تفطروا
حتى
تروه
،
فإن
غم
عليكم
فاقدروا
له
“Do not
commence fasting (Ramadan) till you see the new moon, and do not cease fasting
(perform Eid) till you see it. But if the weather is cloudy, or there is a smog
in the sky (which prevents sighting of the moon), then complete 30 days of the
month.” [Sahih Bukhari, Vol. 1, Page 256]
In another narration, the Messenger of Allah SallAllaho Alaihi wa Sallam said,
الشهر
تسع
وعشرون
ليلة
،
فلا
تصوموا
حتى
تروه
،
فإن
غم
عليكم
فأكملوا
العدة
ثلاثين
“The month
sometimes is of twenty-nine days, but do not fast till you see the moon. But if
the weather is cloudy or there is a smog, then complete thirty days of the
month.” [Sahih Bukhari, Vol. 1, Page 256]
Hadrat Shaykh ‘Abd al-Haq Muhaddith-e-Dehwli Alaihir
raHmah states:
According to the Islamic Law (Shari’ah), what the astrologers say or inform is not accepted and is unreliable. Neither the Messenger of Allah, his companions, their followers, nor the pious predecessors followed their utterances, and nor did they act upon them. [Ashi’ah al-Lam’at]
Hadrat Sayyiduna Abu Hurairah Radi Allahu Ta'ala Anhu reported that the
Messenger of Allah SallAllaho Alaihi wa Sallam has said,
صوموا
لرؤيته
وأفطروا
لرؤيته
فإن
غم
عليكم
فأكملوا
العدة
شعبان
ثلاثين
“Commence the
fast when you see it (the moon) and cease fasting (perform Eid) when you see it.
But if the weather is cloudy, complete thirty days of Sha’ban.”
[Sahih Bukhari, Vol. 1, Page 256]
Hadrat Sayyiduna Ibn ‘Abbas Radi Allahu Ta'ala Anhu reported that:
جاء
أعرابي
إلى
النبي
صلى
الله
عليه
وسلم
فقال
إني
رأيت
الهلال
يعني
هلال
رمضان،
فقال
أتشهد
أن
لا
إله
إلا
الله؟
قال
نعم،
قال
أتشهد
أن
محمدا
رسول
الله؟
قال
نعم،
قال
يا
بلال،
أذن
في
الناس
أن
يصوموا
غدا
A desert Arab
came to the Holy Prophet and said, “I have seen the new moon i.e. the new moon
of Ramadan.” He asked, “do you testify that there is no god but Allah?” he said:
yes. He then asked: do you testify that Muhammad is the Messenger of Allah?” He
said, “Yes.” So, the Messenger of Allah said, “O Bilal, announce to the people
that they must fast tomorrow.” [Sunan Abi Dawud,
Vol. 1, Page 320 and Tirmidhi, Vol. 1, Page 148]
Hadrat Shaykh ‘Abd al-Haq Muhaddith-e-Dehlwi Alaihir
raHmah states:
It has been proven from the Hadith that a person who is Mastur-ul-Haal i.e. whose being a fasiq is not apparent, then his report or testimony is accepted for the beginning of the month of Ramadan. Stating the words of “Shahadah” (bearing witness) is not a condition. [Ashi’ah al-Lam’at]
..:: Important Notes on Sighting of the Moon ::..
1. There are a few ways of proving the sighting the moon:
A. News of sighting the moon –
on the night of the 29th of Sha’ban when the sky is not clear (cloudy), then the
news of sighting the moon given by a Muslim male or female, equitable or
Mastur-ul-Haal (a person who’s inward state is concealed – whose fisq is not
apparent) shall prove the beginning of Ramadan. In the case when the sky is
clear, it is sufficient for a person who fulfills the above mentioned criterions
to see the moon outside the place where inhabitants are, such as in an open
field, or on a high place. Otherwise, there should be such a great number of
people, who witness the sighting of the moon with their naked eye. For the rest
of the 11 months, in the case of the sky not being clear, then there should be
two (2) witnesses who are equitable (‘Aadil). In the case of the sky being
clear, there should be such a great number of people giving witness (bearing
testimony for their sighting of the moon) whose unanimity on speaking falsehood
is merely impossible rationally. [Radd al-Muhtar –
Vol. 2, Page 94-95, and in al-Bahr al-Ra’iq – Vol. 2, Page 269]
B. Shahadat ‘ala al-Shahadah (witness upon
witness) – this is when the witnesses have not seen the moon
themselves. However, those who did see the moon bore witness in front of them of
their sighting, and made them witnesses upon this. So, in this way the sighting
of the moon is proven, only on the condition that the people who saw the moon
are unable and incapable to be present in order to give their witness directly
[to the Qadhi or the ‘Alim if there is no Qadhi]. The way to give witness in
this situation is that each person from the people who saw the moon with their
naked eyes, makes 2 persons their witness and ask them to become their witness
that, “I saw the moon on the night of such and such a day, and such and such a
month of such and such a year.” Then each person from the secondary witnesses
testify that, “Such and such a person, the son of such and such a person has
made me a witness on their sighting of the moon on the night of such and such
day, of such and such a month of such and such a year, and they have asked me to
become their witness on this sighting.” [Radd
al-Muhtar, Vol. 4, Page 409 and also in Fatawa al-Hindiyyah (‘Alamgiri), Vol. 3,
Page 410]
C. Shahadah ‘ala al-Qada’ (giving witness in
front of an Islamic Judge) – this means that in another city
there came witnesses in front of an Islamic Judge or a Mufti who bore witness of
their sighting of the moon, and the Judge or the Mufti has passed a verdict that
the moon has been seen, and in the time of giving the witness there were 2
reliable, trustworthy, righteous men present in the Dar-ul-Qada (the Islamic
Court) who saw and heard the witnesses giving their witness. These 2 witnesses
came to a different city or town and bore witness that, “In such and such a city
in front of us and in the presence of the Judge (or the Mufti) there came
witnesses who testified that they saw the moon on the night of such and such a
day and the Mufti has declared sighting of the moon on such and such a day”,
then this shall also be proof of sighting of the moon.
[Fatawa al-Imam al-Ghuzza, Page 6 and Fath al-Qadir,
Vol. 2, Page 243]
D. Istifadah (well-circulated reports)
– when there is such a Grand-Mufti in an Islamic city to whom the mass majority
of people flock towards in order to gain Islamic rulings pertaining their
everyday issues; and by whose fatwa the verdicts are given as regards to the
beginning and the end of Ramadan and ‘Eidayn; and in such a city the general
public do not start or terminate fasting according to themselves, then if
numerous groups of people come from that city to another and bear witness all at
once that upon the sighting of the moon on such and such a day, the fasting of
Ramadhan has commenced or that Eid was made, then this testimony shall also
prove the sighting of the moon. However, if it is only rumours and no one knows
who said it or on being asked how they knew the sighting of the moon, they say,
“we heard” or “other people have said it”, then there is absolutely no Istifadah
upon such reports. Also, in a city where there is no Islamic mufti or there is
but he is incapable of issuing a Fatwa or is reliable and trustworthy but the
general public in that city decide for themselves when to start and end Ramadan
and Eid, (as is quite common nowadays,) then the unanimity or even the tawatur
(mass-transmitted reports) from this city in this news can in no way prove the
sighting of the moon. [Radd al-Muhtar, Vol. 2, Page
97 and Fatawa-e-Radawiyyah, Vol. 4, Page 553]
E. Termination of the number of days in a
month – when 30 days of a month have passed then the sighting of
the moon for the next month is proven. However, if upon the witness of one
person the starting of Ramadan was accepted, and by this calculation 30 days of
Ramadan had passed, but because of the sky not being clear the moon could not be
seen, then the termination of the number of days in the month does not suffice,
but in fact another fast should be kept. [Radd
al-Muhtar, Vol. 2, Page 97]
2. If the moon has been sighted according to the Shari’ah rules and conditions,
then the sighting of people in the west is a certain proof of sighting of the
moon for people living in the east. [Fatawa al-Imam
al-Ghuzza Pg. 5]
3. A calendar or a timetable does in no way prove the sighting of the moon.
[Radd al-Mohtar, Vol. 2, Page 94]
4. Media reports do not in any way prove the sighting of the moon. Most of the
time newspaper reports or reports from TV or the radio are just guesses and no
more than rumours here and there. And even if the news is correct, but because
of the sighting of the moon not being proven by Shari’ah rules and regulations
it cannot be accepted in anyway. [Anwaar al-Hadith,
Chapter 6]
5. Letters also do not prove sighting of the moon, as one person’s handwriting
can be identical to another. Hence there is doubt and it does benefit any
knowledge of full certainty. [al-Durr al-Mukhtar and
also in al-Hidayah]
6. News given via a telephone (or mobile) telegram or any satellite link is more
unreliable than a letter as in a letter the addressee recognises the signature,
writing and the stamp of the writer. Also in a letter, there is even a slight
indication that the handwriting is of the actual writer, which is not present in
the news given by a telephone or another satellite link.
Furthermore, when the witness is behind a veil then their witness is not
reliable as one voice is identical to another
[Fatawa-e-‘Alamgiri, Vol. 3, Page 357], then how is it possible that the
sighting of the moon be reliable or even accepted when this news has reached via
telephone, telegram (or similar) technological equipment?! Plus the fact that in
worldly matters and affairs, news received via the telephone is not accepted,
nor is it reliable, then how can it be reliable in matters related to the
religion; where one has to be extremely careful.
7. Radio or Television: there are much more complexities and difficulties in
receiving the news and accepting its reliability from a radio or a television
than to receive it from a telegram or a telephone, as one can ask questions and
receive answers via a telephone or a telegram whereas this is not the case on
the radio or the television (when the news is given, discussions and debates are
a different matter).
Conclusively, these new technological equipments can be used to spread news
worldwide, but they cannot be accepted in the matters as related to giving
Shahadah witness. This is why in the court the judge does not give a verdict
until the witnesses do not present themselves in the court to give their witness
account. Telephone calls or news received from the telegram or radio, television
are totally unaccepted.
The Messenger of Allah has stated: “But if the weather is cloudy, wait till
thirty days of the previous month have passed.”
But it is quite a saddening and disappointing fact to see people in these days
(most of them being neglectful of their prayers and the obligatory fasts) rise
in uproar on receiving the news on the radio or the telephone or the television
about the sighting of the moon. May Almighty Allah give them the guidance to act
upon the sayings of the Beloved Prophet.
8. In a country where there is no Islamic Ruler, and nor is there any Qadhi
appointed for the task (of accepting or refusing the witnesses), then the
Grand-Mufti of a city who has beliefs in conformity with Ahl al-Sunnah wa
al-Jama’ah (Sunni) is the subordinate. Wherever, there is no mufti, then the
witness (Shahadah) for the sighting of the moon shall be presented in front of
the general public (of Muslims). [Fatawa-e-Radwiyyah
– Vol. 4, Page 547]
It has been stated in “al-Hadiqah al-Nadiyyah Sharh Tariqah al-Muhammadiyyah” -
by Imam al-’Allama ‘Abd al-Ghani al-Nablusi al-Dimishqi - that:
When an era is without any Islamic Ruler who suffices the Muslims for their affairs which pertain to the religion, then all the Islamic affairs and rulings shall be referred to the scholars of Islam (the ‘ulema), and in every aspect of their life, Muslims are obliged to consult these ulema. These ulema shall be considered the ‘Islamic rulers’ and the ‘Islamic judges’. Then, if it is impossible for the unanimity of the Muslims to appoint one specific scholar, then the people of each and every district or town shall follow their ‘Ulama. Then, if there are innumerable ‘Ulama in one district, then amongst them the ‘alim who has the most knowledge as regards the Islamic rulings, he shall be followed, if they are all equal (in knowledge) then a raffle should be taken (as to draw out the name of the ‘Aalim who shall be appointed as the vice of the Qadhi in that district).
9. The testimony of a Fasiq-e-Mau’lin (an open transgressor) such as the one who
neglects establishing prayer, or prays the salah but frequently neglects praying
with the congregation (jama’ah), shaves or trims his beard less than a fist, is
not be accepted. Likewise, the evidence of an infidel (non-muslim), bad madhhab
(follower of a deviant), an insane or an immature shall not be accepted.
10. On sighting the moon, the supplications as mentioned in the Ahadith should
be read.
11. It is makruh (disapproved) to point finger towards the moon even though it
may be to indicate to others the location of the moon.
[Bahar-e-Shari’at, Chapter 5, Page 685, al-Durr
al-Mukhtar and also in Fatawa-e-‘Alamgiri, Vol. 1, Page 184]
12. It is wajib (necessary) for the Muslims to follow the Islamic dates and
years (which are proven by the sighting of the moon). It is not permissible to
follow the dates on the calendar, whose dates have been fixed following
non-Islamic rules and regulations (such as the Gregorian English calendar).
[al-Tafsir al-Kabir, Vol. 4, Page 445]
— —
—
Extracted From
Anwaar al-Hadith, Chapter 6, Pages 242 to 248
by Hadrat Allama Mufti Jalal al-Din Qadiri al-Amjadi
English Translation: Mawlana Kalim al-Qadiri [Bolton – U.K.]