Glasgow
04/04/2006.

In the name of the Almighty

Most Respected Mufti Sahab

السلام عليكم ورحمة الله وبركاته

We; hundreds of residents of Glasgow refer to you. We have strong hope in Allah the Almighty that He will solve our problem through your knowledge and excellence.

Due to cloudy skies in evenings, in Britain, it becomes virtually impossible to sight the first, second moon. And during some months of the year, the moon sets prior to sunset for two days and when it is the second or third day in Islamic countries, suddenly the new moon appears large and for a long time. That is why information regarding the new moon is sought from abroad. The Muslims of Britain are divided in two groups; one who obtain their information from Saudi Arabia and the other from the most nearest Islamic country Morocco or according to time South Africa. Resultantly, within one household, members will celebrate Eid on two days.

1. Whosoever obtains information from Morocco or South Africa have in person met the Moon Sighting Committee; moon is sighted by the mass and via means of the naked eye and more or less corresponds to observatory calculations.
2. The majority act upon information obtained from Saudi Arabia. They say that the Supreme Court bases their judgement upon the testimony of two witnesses which is precisely the method of Rasulullah . Therefore to follow them is compulsory upon the residents of Britain as within this country there is no unified system for moon sighting.
3. Those that do not accept the sighting of the Saudis present the following arguments:
• There is never mass moon sighting in Saudi Arabia. Only two or three witnesses are always presented in court.
• Moulana Ashraf Ali Thanwi (R.A), Grand Mufti of Pakistan; Mufti Shafi (R.A) and all observatory scholars say that the moon cannot be sighted beyond 28 nights. Moulana Muhammad Z

akaria Shaykhul Hadeeth (R.A) and a number of likeminded say that they saw the moon at the time of Fajr and Saudi announced the same evening that tomorrow is the first. This has happened many a time.
• Dozens of people whom we met have stated that sometimes despite the announcement of Saudis, the moon cannot be seen even on the second night although the sky is clear.
• According to the Ummul Qura calendar, the first of every month is placed on notice boards of the Masaajid of Haramayn Sharifayn. And accordingly people fast the 13th 14th and 15th and Muharram and in Sha’baan. From forty years in 90% of cases, Eid is also according to that. When scrutinized it is apparent that prior to 2003 when it used to be the new moon at midnight in Britain (3am in Saudi) then the first would be the same night. Then when the new moon would be prior to sunset in Makkah, then the first would be from that night and now when the new moon is sighted prior to sunset in Makkah and the moon sets a minute or more after sunset then the first is from that night.

The result of the first way is that sometimes the announcement in Saudi is made two days prior to Pakistan and the moon sets few minutes before the sun. The second way results in similar situations. The third results in the situation that some months of the year are shared with other countries.
• Practically it has been noticed that according to Saudi’s announcement, the first, half, full and last moon is actually sighted a day later.
• Prior to 2005 the information of the sighting of moon has always first come from Saudi although geographically that is impossible.
• When investigated, it has come to knowledge that even Muslim countries rely on information received from Saudi or act upon the formulae of the moon being present e.g. Turkey, Egypt Jordan, Malaysia, Sudan, and United Arab Emirates. In fact in 2005 Nigeria fasted on the 13th October first and Libya and Nigeria observed Eidul Fitr on 2 November where as in India and Pakistan fast initiated two or three days later.
• Some days there are sun eclipses near Saudi and there is still information of moon sighting.

Lastly, there is only one question we have to ask and that is within our city of Glasgow there is friction amongst the Ummah regarding this issue leading to hatred and severe unrest. One group does not want to leave Saudi; the other not wanting to accept the unjustified decision of Saudi (when the sighting is prior to sunset etc). The result is there are two Eids in one household. What should we do in such situations? In current situations would it be permissible in light of Shariah for us to act upon information received from Saudi despite knowledge that our obligatory fasts are being missed and Qurbani is being performed prior to time.

Throughout Britain, the mass sometimes celebrate Eidayn according to Saudi and sometimes the opposite. In Glasgow from a long time Eid used to be on one day against the Saudis but since 1 ¼ years the situation has changed. One group strongly act upon the Saudi sighting as information is received before time, information is acquired by photographs on TV making it very easy. Commotion is in the entire city that moon has been sighted in Saudi.

Should we act like before according to information received from the most nearest Islamic country Morocco or according to time South Africa or leaving our old ways for the sake of harmony unite with the new group? Whatever is near to the way of Allah and the Prophet  please define for us. Which should we act upon?

Gulam Ali
I/R 1 Queen Mary Avenue, Glasgow, G42 8DS, U.K.

بسم الله الرحمن الرحيم
Answer:
حامدا ومصليا

The conclusion of the details and arguments raised within your question is that sometimes the announcement of the sighting of the new moon from the government of Saudi Arabia does not correspond with observatory calculations and often announcements are made at such times that according to observatory calculations sighting is impossible; examples and proof of which you have sent.

All these are correct and not without proof, however, the root question is that ‘Is testimony in odds with observatory calculations acceptable according to Shariah?’ In reality this question is debateable. One group of Scholars are of the thinking that this type of testimony is not acceptable but a very large group of scholars say that there is no reliance upon observatory calculations and in such a situation a testimony of sighting would be relied upon.

Accordingly a detailed Fatwah has been issued from Darul Ifta, Jaamia Darul Uloom Karachi with the signature of Mufti Rafi Uthmani; the conclusion of which is that the majority of the scholars from the four schools of thought are unanimous that when there is a conflict between testimony and observatory calculations then the testimony will be relied upon and no reliance will be placed upon observatory calculations. (Register of the copy of Fatawah 461/46176/85).

In answer to one question from Germany regarding the sighting of Saudi Arabia Hadhrat Mufti Sahab states, “The government of Saudi Arabia say that the judgement of the sighting of the new moon is based solely upon the principles of Shariah and according to sighting with the naked eye not upon observatory calculations. Although a lot of people are not content with this announcement of the Saudi government, however, there is no Shari evidence to refute this either. The reason for discontent they state is that many times the announcement contradicts observatory calculations i.e. a judgement of the sighting is taken when according to observatory calculations sighting is impossible in Saudi Arabia. However, as according to Shari principles, testimony is based upon sightings and not according to observatory calculations, therefore, if the people of Germany act upon the judgement of Saudi Arabia, according to Shariah there is scope for this.” (Register of copy of Fatawah 461/56)

Hadhrat Mufti Taqi Sahab also answers to a similar question coming from Britain, “To observe Ramadhan & Eid according to the sightings of Saudi Arabia is a debateable issue. It is true that sometimes they announce the sightings when it is impossible according to observatory calculations, however, a very large group of Jurists have relied upon testimony even in this state. If the Scholars of one country are unified upon this, the issue being debateable and to act upon this to create unity between the Muslims, there is no Shari obstruction although those who based their judgement upon Morocco moon sighting seems more cautious. However, to choose the more cautious option moving away from the majority and becoming a source of conflict in the eyes of this humble servant is not appropriate.” (Register copy Fatawah 706/58)

Therefore, the answer to your question is that if the majority there are acting upon the sighting of Saudi Arabia then there is no harm in observing Ramadhan & Eid with them, and it is obvious that when there is scope for this according to Shariah then no question arises of the fast or any other acts of worship not being accepted or them being nullified. Allah the All-Mighty knows best.

The answer is written by Muhammad Uthman Darul Ifta Jaamia Darul Uloom Karachi dated 15/04/1427.

The answer is correct.
Verified by:
Mufti Taqi Sahab (Mufti)
Muhammad Abdul Mannan (Deputy Mufti)
Mahmood Ashraf (Deputy Mufti)

Signed by the above three on 17/04/1427.

Stamp of Darul Ifta, Jamia Darul Uloom, Karachi
Fatwah No. 876/35 dated 18/04/1427.

A new moon sighting portal has been launched.

Check it out: www.hilalbase.com

From their about us page:

 We firmly believe that physically sighting the crescent moon as the basis for beginning the lunar month is established by the Qur’an, the Sunnah of the Prophet Muhammad (Allah bless him and grant him peace), and has been the position of the overwhelming majority of Islamic scholarship to this day. Hilalbase has therefore been established to provide a much needed resource on authentic moon sighting information for various Muslim communities.

I’m currently serving on the Hilalbase team. We have several top ulama on our board and an increasing number of masjids are registering on Hilalbase every day. Please remember us in your dua’s.

Whether you need to find a masjid in your area which follows the traditional moon sighting method or scientific data on moon sightability (for e.g. the moon visibility curve for Eid ul-Fitr this year – 1st of Shawwal 1427), Hilalbase.com is the place to go! Hilalbase will also provide the Islamic Hijri date in North America.

101706 = ?

Would you be willing to committ yourself for going out to physically sight the crescent moon on the 29th of each month?

Note: Ofcourse there are certain fiqh issues as well to all this such as the requirement of male witnesses, the number of witnesses and other requirements . Its not my intent to delve into those issues rather I’m interested in the importance we give to this activity.  If we have the spirit than Insha’allah the detalis can be dealt with the assistance of our ulama.

This year, as in previous years, Muslims in America and elsewhere are again disagreeing over when Ramadan and Eid should begin. This year, also as in previous years, there will be renewed and earnest declarations to resolve once and for all this recurring issue.

The question is whether the new Muslim month (of particular relevance is Ramadan and Shawal) should begin when the new moon is sighted or go by scientific calculations.

A corollary controversy is over when to celebrate Eid ul Adha, whether to do it at the precise time the pilgrims are celebrating theirs in Mecca or to go by the equivalent local time.

Inherently Insolvable

This debate is endless because we fail to recognize that it is inherently not solvable. It is an arbitrary issue, like trying to
agree to a point on a circle or a continuum.

There are only two possible ways of resolving it: through fiat by a central authority a la the Pope and the Catholics. Fortunately for Muslims, we do not have such a structure; that is our strength, not weakness. The issue must instead be resolved through communal consensus, in concert with the Quranic refrain that Allah will not let its community be in error.

For the community to make a wise, or to put it differently, the likely more correct decision, it must be informed on all the relevant factors. These can be conveniently grouped into three categories. One, we must learn from our predecessors on how they dealt with the matter over the last 1400 years. Two, we must be apprised of current scientific knowledge of not only in astronomy but also of human biology and other related disciplines. Three, we must anticipate, based on our past
experiences and current conditions, the likely consequences of our decision. Once we have considered all the elements in their totality, then we are more likely to arrive at an informed if not wise decision.

Even then we must still have the humility to recognize that it is only our best collective judgment at the current time. Meaning, we should not hesitate to revisit it should conditions change.

The controversy over when the new month should begin is similar to determining when the new day should start. In the Western scheme of things, the new day begins at midnight; for Muslims, at sunset. Both are arbitrary selections. I am certain that there are other traditions now and in the past that begin their day at sunrise or even mid day.

Biologically, the human body is used to the morning being the beginning of the new day, in tune with our circadian rhythm. When we get to bed late past midnight, we worry about getting up early the next morning even though it would still be the same day. When we get up at 7 AM we feel fresh and ready for a new day, even though it is already nearly a third of the way into the Western day and halfway through with the Muslim day.

Our psychological perception may change if we were to become nocturnal like bats. Our new day would then begin at sunset, the Muslim new day. With global warming and the days becoming unbearably hot, we may yet
come to that!

Learning From Our Predecessors

This is where our scholars and ulama contribute greatly. They are well versed with the Quran and the ancient texts, as well as the sunnahs of our prophet s.a.w. In deciphering them, it is well to heed the caution of our luminary Al Arabi, “All that is left to us by tradition is mere words. It is upon us to find out what they mean.”

As Muslims we accept the message of the Quran as universal, for all mankind and at all times. That is a matter of faith. We must first however discern what that message is. We must have the wisdom to put texts in their contexts, and to distinguish the literal from the metaphorical. Most of all we must have the humility to acknowledge that all knowledge begins with Him, and only He knows the ultimate truth. For us mortals, the search for knowledge and the truth is never
ending.

To quote the Egyptian intellectual Taha Hussein, “The end will begin when seekers of knowledge become satisfied with their own achievement.”

Lessons From Science

The birth of the new moon can be reliably predicted through calculations and from past observations. That is the valuable
contributions of astronomy. To science, the “new” moon (conjunction) is when it passes between the earth and the sun. At that particular moment, the moon is completely within the earth’s shadow and thus cannot be seen from earth. The new moon will become visible as it slowly emerges from the shadow.

There is the inescapable time lag between when the new moon is born and when it can be visually sighted (hillel). It would vary with atmospheric conditions, seasons (summer or winter), locations (southern or northern hemisphere, sea level or top of the Rockies), weather (hence the science of meteorology), and visual acuity (hence the science of human optics), among others.

Even the science of language plays a role, in particular the definition of “local” community. In a country like Canada that spans six time zones, the new moon may not be sighted at sunset in Newfoundland, but will become obvious at sunset in Vancouver five hours later. By the time the new moon would be sighted at 11 PM at Whitehorse, people in St. Johns would have already started their new morning and be too late to begin their fast.

Similarly, when the new moon cannot possibly be sighted in the northern but can in the southern hemisphere, how should countries like Indonesia that spans the equator handle the issue? There cannot be a right or wrong decision, only a communal one. We delude only ourselves if we think otherwise.

The same confusion occurs with celebrating Eid ul Adha. If we were to follow tradition of celebrating at the same time of the pilgrims in Mecca, as many would insist, it would mean that some communities would celebrate at midnight.

Consequences Of Our Decision

A useful aid in making decisions would be to do a “downstream analysis.” Assume that we have made a certain conclusion, what would be the consequences, fully aware that we cannot always anticipate everything, and that the laws of unintended consequences are always operative.

If we stick to tradition, we keep alive our rituals, and with that, our link to our rich heritage. We could make the moon sighting into a festive event, another opportunity for communal bonding. In Arizona, astronomy buffs have regular celestial sighting parties. It can be a deeply moving and highly spiritual experience to ponder the vast cosmos in the silence of the evening.

The negative would be the current uncertainty and chaos, with some community celebrating Eid on one day while members of an adjacent one would still be fasting. What would that say about our respect for our festive Eid to be fasting on that day, not to mention of Muslim unity?

The uncertainty carries a significant price tag. Facilities have to be rented on two successive days just to be sure, doubling the cost. If we opt for the predictable scientific method, we would be spared the extra expense. Imagine what we could do for the poor with the money saved!

If we could have the day fixed ahead of time, we are more likely to get official recognition of our holy days, and we would be able to plan properly.

The Islamic Society of North America (ISNA) and the Figh Council of North America are to be commended for attempting a consensus. However our Islamic Sharia Council of California does not support the decision. I would have preferred that ISNA and the Figh Council be more inclusive in their deliberations so bodies like our Shari Council could voice their arguments before the decision.

As ultimately this is a community decision, it is incumbent upon us to be informed of the issues and communicate to our leaders our sentiments. This essay is my contribution at both.

Have a Blessed Ramadan!

Moon Sighting Revisited
by M. Bakri Musa
www.bakrimusa.com

The Texas moon sighting report was declared invalid and unacceptable due to the following reasons:

1. Report contradicted astronomical calculations

According to astronomical data, the possibility of sighting the crescent moon did not exist. The scholars of the past and present have mentioned that if a moon sighting report is in clear contradiction with astronomical calculations, then that report will not be accepted. The only exception to this rule is when an overwhelming number of reports are made.

According to renowned Muslim astronomers, the witness accounts were disqualified based on two reasons, (1) The time they mentioned to have seen the moon was too late for the moon to be visible after sunset and (2) the position of the moon claimed by a witness was incorrect as opposed to the normal position.

2. Report was made on the 28th of Sha’ban

The report from Texas was made on the 28th of Sha’ban, which means there was another day, i.e. the 29th of Sha’ban, remaining to complete the lunar month if the moon was to be sighted. (The scholars at this point take into consideration the possibility of an incorrect sighting for the start of Sha’ban if this report was to be accepted but due to the fact that only one such report was made, it did not satisfy the requirements laid down by the shariah, which is that there have to be various reports in order to correct an error in the previous month or verify a legitimate sighting)

3. Single moon sighting report made across North America

The question that arises when such a report is made is,

“Why weren’t there any other moon sighting reports across North America?”

The scholars have mentioned that a single report, especially in the current situation where it was the 28th of the Lunar month, simply does not merit such a large decision. If there were various verifiable reports across North America, then it would be incumbent on the Hilal Committees to make a positive declaration. Br. Youssef Ismail, a brother who looks for the moon each month writes “Here on the west coast with a large group of Muslims from the San Francisco Bay Area, with 100% clear skies with visibility of nearly 30 miles from the top of Windy Hill Open Space Preserve, no moon was seen on the evening of September 22nd, 2006.”

4. The Imam was not content with the testimony

The Imam who accepted the testimony from the witnesses was not satisfied with it. Upon further investigation by a Hilal Committee, it was revealed that a witness admitted the sighting was not with the naked eye rather a binocular was used. This witness was then unable to describe the orientation of the moon. Since there were a number of witnesses, upon inquiring further to speak to them a second witness was not made available for verification purposes. Due to the uncertainty and contradictory information presented by the witnesses, it was concluded they must have viewed “something else” in the sky rather than the actual moon.

CESAREAN MOON BIRTHS (Pt. 1)
By [Shaykh] Hamza Yusuf
Zaytuna.org: CLICK HERE TO VIEW THE FULL ARTICLE

A couple of statements I found interesting:

“This paper advances several arguments and rebuts others in an effort to prove that the only acceptable basis for determining the lunar month is the actual sighting of the dawning crescent. At the root of the problem is a failure to recognize that the crescent moon’s appearance is a legal cause (sabab) determined by God in the Qur’an and through His Prophet’s words. That being the case, no scholar in the history of Islam has ever permitted calculation in lieu of sighting until the modern era.”

“I argue that the actual naked-eye sighting is the standard demarcator for establishing the entrance of the Islamic lunar month based on the fact that the Qur’anic verse, They ask you about the crescent moons; say they are a means to measure your specific times and are also for the commencement of the Hajj (2:189), can only be interpreted literally. This conclusion ensues because the verse is decisive in its evidentiary nature and unequivocal in meaning.”

“Hence, I argue that, far from being an advancement, moving to a calculated lunar calendar is a reversion to pre-Islamic (jahili) custom.”

“In addition to advancing proofs showing that none of our scholars advocated standardizing the determination of the beginning of the lunar months based on calculations, I will show how the opinion of Ibn Daqiq al-‘Id has been misrepresented by the advocates of such calculations.”

“I conclude my argument by presenting the opinion of the four Sunni schools and the Ja’fari Shia school that the norm for establishing the beginning of the lunar month is the actual naked-eye sighting.”

- Shaykh Hamza Yusuf

———————————– 

Another recent development: ICNA released a statement today declaring they will not be siding with ISNA and their Fiqh Council on their moon sighting decision. They said:

“The Islamic Circle of North America (ICNA) has traditionally adopted the opinion of sighting the moon in North America . On the advice of ICNA’s Scholars Committee, we have decided to continue following our existing approach and will not be adopting a calendar which is primarily based on calculations.”

More shuyukh have spoken against the ISNA Fiqh Council moon sighting decision to base the Islamic lunar month only on astronomical calculations (derived by their own scientists) and disregard the sunnah of sighting the actual moon with the naked eye.

I have obtained the following answers lately (InshaAllah I’ll add others as they come in):

(*) ISNA’s Recent Decision Regarding the 1st of Ramadan and the ‘Id- “… The Ulama Association of North America (UANA) unequivocally declares that lunar months should begin with sighting and not with calculation. This is the ruling of Shari‘ah and we must abide by it. ISNA’s Fiqh Council has created confusion in the minds of Muslims before due to its decisions and we implore that that they avoid doing this.” – Ulama Association of North America (UANA)which comprises of various ulama across the United States, including esteemed ulama such as Moulana Abdullah Saleem (Institute of Islamic Education, Elgin, Illinois), Imam Tahir Anwar (South Bay Islamic Association, San Jose, California), Moulana Khaja Shuaibuddin (Salt Lake City, Utah), Mufti Abdurrahman Ibn Yusuf (Islamic Society of Santa Barbara, Santa Barbara, California) and others.

(*) Islamic Shariah Council of California (USA) refutes ISNA’s fatwa on moon calculation- “The setup of a new criterion for the start of Islamic month that the moon is born before 12:00 Noon GMT is contrary to Islamic sources, practice of ummah and views of the majority of the Islamic Scholars and Ulama throughout Islamic history.” – Islamic Shariah Council of California (Signed and endorsed by the more than 40 plus prominent scholars and imams)

(*) More coming soon.

Isn’t it ironic that people who are making “taqlid” of this “Fiqh Council” lately on issues such as moon sighting, are the same people who don’t make taqlid of any one of the madhabs? (No, I’m not referring to the Salafis here. This is something different) How many of them do you think read the 52 page article by Dr. Shah? Not many. How passionately are they defending this new initiative? Pretty passionately if you ask me.