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Compiled and edited by Baseer Qazi
"Ramadhan is the month in which the Quran was revealed, a guidance for
mankind, and clear proofs of the guidance and as a criterion (al-Furqan)" [TMQ Al
Baqarah: 185]
Unfortunately the reality today is that people begin Ramadhan on different days and have Eid
on different days even in one country and one city. We must understand the reasons why
people differ on this matter, the arguments they put forward and the hukm shari regarding
this matter according to the Islamic evidences.
It is important to understand that the sources of shariah for us are the Quran & Sunnah
fundamentally. Our emotions, public opinion, the view of the majority, norms, customs, etc
do not determine the shariah rules.
The unification of the day on which the fast begins and the day on which Eid begins for all the
Muslims world-wide is a duty which Allah has prescribed upon them and one of the aspects of
their unity. So on one hand it is of great political importance for the Muslims to start fasting
on the same day and celebrate Eid on the same day and on the other hand we know that by
not doing so, we would be eating on a day for which fasting is obligatory and fasting on a day
on which Iblees would fast! Given this importance about this issue and knowing that currently
we are not following the correct understanding, we need to look into this matter in a bit of
detail. Let us go through the evidences from Quran and Hadith in order to get a clear picture
about this issue.
Allah (swt) says in the Quran:
They ask you about the crescents. Say: They are but signs to mark fixed
periods of time in the affairs of men and for pilgrimage. [TMQ 2:189]
He (swt) also says:
Whoever witnesses the crescent of the month, he must fast the month." [TMQ
2:185]
Bukhari and Muslim reported on the authority of Abdullah Ibnu Omar (may Allah be pleased
with them) that the Messenger of Allah (saw) mentioned Ramadhan and said: "Do not fast till
you see the new moon, and do not break fast till you see it; but if the weather is cloudy
complete it (thirty days)."
Muslim also reported on the authority of Abdullah Ibnu Omar (R) that the Messenger of Allah
(saw) made mention of Ramadhan and with a gesture of his hand said: "The month is thus
and thus. (He then withdrew His thumb at the third time indicating 29). He then said: Fast
when you see it, and break your fast when you see it, and if the weather is cloudy do
calculate it (the months of Shaban and Shawwal) as thirty days."
Bukhari reported on the authority of Ibnu Omar (R) that the Messenger of Allah (saw) said:
"The month consists of 29 nights, so do not fast till you have sighted it (i.e. the new
moon), and if the weather were cloudy, then complete it as thirty days."
In the narration of Muslim, the Messenger of Allah (saw) said: "The month of Ramadhan may
consist of twenty-nine days. So do not fast until you have sighted it (the new moon) and
do not break fast, until you have sighted it (the new moon of Shawwal), and if the sky is
cloudy for you, then complete it (thirty days)."
Muslim also reported on the authority of Abdullah Ibnu Omar that the Messenger of Allah (saw)
said: The month of Ramadhan may consist of twenty-nine days; so when you see the new
moon observe fast and when you see (the new moon again at the commencement of the
month of Shawwal) then break it, and if the sky is cloudy for you, then calculate it (and
complete thirty days)."
After reading all the above evidences certain issues arise. I have tried to discuss all possible
issues and their possible arguments in this article.
undoubtedly general.
The command is not for individual Muslims to sight the moon and then begin fasting or to
make Eid based upon their personal sighting. Even the Prophet (saw) used to begin fasting
when he had not personally seen the moon but a Muslim had reported to him that they had
seen it. Ibn Umar (ra) reported, "During the time of the Prophet (saas), the companions
went looking for the new crescent. So I told the Prophet (saw) that I saw it. So he fasted
and told the companions to fast." [Abu Dawud & Hakim]
Therefore, the command of fasting and of breaking the fast when the new moon is sighted is
a command which addresses all Muslims all over the world. So for example if the new moon
was sighted in Rabat on Friday night, and was not sighted in Jakarta on Friday night but on
Saturday night, the people of Indonesia must act upon the sighting of the new moon in
Morocco, they must therefore begin the fast on Friday if the new moon was that of
Ramadhan; if they did not fast that day they should compensate for that day because the
obligation to fast has been confirmed by the sighting of the new moon by any Muslim
anywhere in the world. Also, if the new moon was that of Shawwal, they should break their
fast when news about the sighting reaches them even if they did not sight it themselves, for
the moment the sighting is confirmed, they must break their fast, and it would be sinful for
them to continue fasting.
Therefore, the shari'ah rule states that if the people of one country sighted the new moon, it
would be exactly as if all the Muslims have sighted it as well, therefore they should all fast if
it is the new moon of Ramadhan, and they should all break fast if it is the new moon of
Shawwal. This is the rule of Allah (swt) according to the Shari'ah texts.
During the lifetime of the Messenger of Allah (saw), the Muslims used to begin the fast on the
same day and break it on the same day despite the fact that they lived in different areas, and
this serves as another Shari'ah evidence that the sighting of the new moon in one area obliges
all the Muslims to fast together on the same day and break fast together on the same day.
As for the confusion of those who claim that the beginning of the fast and the end of the fast
i.e. the day of Eid could be different, this can be summarised in the following four points:
did you see it? I said: We saw it on the night of Friday, He said: Did you see it yourself? I said:
Yes, and the people also saw it and observed the fast and Mu'awiya also observed the fast;
whereupon he said: But we saw it on Saturday night. Some would continue to observe fast till
we complete thirty (fasts) or we see it (the new moon of Shawwal). I said: Is the sighting of
the moon by Mu'awiya not valid for you? He said: No, this is how the Messenger of Allah (saw)
has commanded us."
Those who claim that the beginning of fasting and the break of fast may vary, use this Hadith
as evidence; they argue that Ibnu Abbas ignored the sighting of the people of Al-Sham and
said at the end of the Hadith: This is how the Messenger of Allah (saw) has commanded us.
This indicated that Ibnu Abbas learnt from the Messenger of Allah (saw) that the people of one
region are not obliged to act upon the sighting of another region; they also argue that this
Hadith serves as a specification and an explanation of the Hadith of the sighting. They
therefore claimed that the people of each region are commanded to act upon the sighting of
the new moon in their region only and not in other regions, thus the beginning of fast and the
beginning of Eid vary from one region to another and according to the times of rising.
The answer to this claim lies in the fact that this report is not a Hadith of the Messenger of
Allah (saw) but the Ijtihad of a Sahabi, and the Ijtihad of the Sahabi is not comparable to the
Hadith of the Prophet (saw). The fact that Ibnu Abbas (R) did not act upon the sighting of the
people of Al-Sham reflects an Ijtihad and it cannot be used as a Shari'ah evidence; and
besides, the Ijtihad is always nullified by the general Shari'ah evidence, thus the Hadith must
be acted upon ahead of the Ijtihad which has to be abandoned. Furthermore, the Ijtihad of
the Sahabi cannot specify the general term of the Hadith. As for the saying of Ibnu Abbas at
the end of the report: "This is how the Messenger of Allah (saw) commanded us.", it is not a
Hadith but merely the way Ibnu Abbas understood the Hadith of the Messenger of Allah (saw)
in which he (saw) said: "Fast when you see it and break fast when you see it." This indicates
that Ibnu Abbas understood the Hadith as such; though he did not say:This is how the
Messenger of Allah (saw) reported it, nor did he say: This is how we learnt it from the
Messenger of Allah (saw), but he said: This is how the Messenger of Allah (saw) commanded
us.
Imam Al-Shawkani explained the Hadith as follows, he wrote in his book entitled Nayl-ul Awtar
the following: "I realise that the evidence is derived from the report of Ibnu Abbas and not
from his Ijtihad (exertion) which people understood as such, and what is referred in his
saying: "This is how the Messenger of Allah (saw) commanded us.", is his saying (i.e. Ibnu
Abbas): So we are still fasting until we complete thirty days; and the command of the
Messenger of Allah (saw) lies in the Hadith extracted by the two Sheikhs (i.e. Bukhari and
Muslim) among others with the following wording: "Do not fast till you see the new moon
and do not break fast till you see the new moon, and if the sky were cloudy, then complete
it as thirty days." And this does not specifically apply for the people of one region to the
exclusion of others but to all the Muslims." [Nayl ul- Awtar, volume 4, page 268]
Therefore, what Kurayb has reported does not qualify as a Hadith, but remains as it is, i.e. an
opinion of Ibnu Abbas; it does not qualify as evidence and cannot be used as such; it also
cannot be used to specify the general term of a Hadith, i.e. the general evidence. Therefore
the Shub'ha is nullified and its use as evidence is incorrect.
As these two Shub'has are no longer valid there remains no other Shub'ha, and only the
evidence derived from the real meaning of the texts would stand, which implies that all the
Muslims are commanded to fast when the new moon is sighted anywhere in the world as
indicated by the clear-cut meaning of the Hadith of Allah's Messenger (saw) : "Do fast when it
is sighted."
And all the Muslims are commanded to break fast when the sighting of the new moon is
confirmed in any part of the world, and to make that day their Eid day as clearly indicated in
the Hadith of Allah's Messenger (saw): "Do break fast when it is sighted."
Argument No. 2: Different Time-zones?
If someone argues that as Saudi Arabia is two hours ahead of Pakistan and because of this
difference its not possible to sight the moon the same night in Pakistan as in Saudia, this
would lead to mean that as the world can be divided into 24 different time zones, at least
there should be 12 different starting dates for Ramadhan. Would anyone agree with this?
Argument No. 3: Classical Scholars held a different opinion?
Another argument could be after coming across the opinion of one single sighting being
enough for the whole of the Muslim world that why havent the classical scholars given the
same opinion. Actually that is not the case, contrary to this, 3 of the 4 Imams have had this
opinion as will be clear after reading the evidence below. Also, the only Imam, Imam Shafi
and his followers themselves hold both opinions. Secondly, they are excused for not
understanding this deduction from the Shariah rule, for at that time, they were not in a
position to clearly realise the movements of the earth, sun and the new moon. They did not
know that the difference in the rise of the new moon between the farthest two points in the
world does not exceed twelve hours.
Now coming to the evidences about the opinions held by the 4 Aima (plural of Imam) many of
the classical scholars have stated this view. Imam Kasanee of the Hanafi Madhab said in his
book Bada as-Sanai that following other than one sighting for the whole Ummah is Bida
(innovation). This indicates how weak he felt that the other Ijtihad is. Imam Juzairi said in
Fiqh al Madhahib al Arbaa, Volume 1, Pp 550 (The Fiqh of the four schools of thought), gives
two views of the Hanafis regarding this: 1) The sighting of the moon by any Muslim should be
accepted whether slave, free, man or woman without inquiring whether they are just or not,
2) The justness should be verified by a Qazi (judge).
Ibn Taymiyyah concluded: "To summarize: a person who learns about the sighting of the moon
in good time to be able to utilise it for fasting, for ending his fast, or for sacrifice, he must
definitely do so. The texts [of Islam] and the reports about the Salaf point to this. To limit
this to a certain distance or country would contradict both the reason and the Shar` (Islamic
law)." [Al-Fatawa, volume 5, page 111]
Darra-Mukhtar, the famous book of Hanafi Fiqh states: If people living in the West sight the
moon, it becomes obligatory for the people living in the East to act on that. ( Darra-Mukhtar,
Volume 1, page 149)
Various books on Hanafi fiqh like Alamgiri, Khania, Fatah-al-Qadeer, Bahar Ar-Raiq, Tahtawi,
Zaili etc. also mention it this way.
In addition to Hanafi fiqh, Hanbali and Malaki fiqh also dont regard the issue of Ikhtalaf of
Matali. Alama Shami writes in his book that, We disregard the concept of Ikhtalaf of Matala
as does the Hanbalis and the Malikis. (Shami, Volume 4, Pp 105)
Even some Shaafi scholars disregard Ikhtelaf al-Matala, like Imam Nawawi Shafi writes, Some
of our scholars have said that the sighting of the moon in one area is valid for the whole of
this world. (Sahih Muslim, Volume 1, Pp 348)
Argument No. 4: Contemporary Scholars held a different opinion?
Another argument which could be brought forward would be that our contemporary scholars
held a different opinion than the one explained above. Interestingly even this is contrary to
the reality.
The co-founder of Dar al-Uloom Deoband, Maulana Rasheed Ahmad Gangohi said: If the
people of Calcutta sighted the moon in Friday, whereas it was sighted in Makkah on Thursday
itself, but the people of Calcutta did not know of it (the sighting on Thursday); then
whenever they come to know of this, it will be obligatory for them to celebrate eid with the
people of Makkah and make up (Qada) for the first fasting. [Maulana Rasheed Ahmad
Gangohi, Sharh Tirmizi (Explanation of Tirmizi), Kaukab un Durri, pg 336 Urdu edition].
Wherever the sighting is confirmed, however far off it may be, even if it were to be
thousands of miles; the people of this place will have to abide by that. [Fatawa Dar ul
Uloom Deoband, Vol. 6 page 380, Urdu edition]
Question: There has been some dispute in Amritsar etc. regarding sighting of moon for
Ramdhan and Eid ul fitr. So should we the residents of Mandla (CP), which is located very far
off, follow that sighting or not?
Answer: In the maslak of Hanafiyyah, there is no consideration of Ikhtilaf al Matale
(difference in sighting); the sighting of the people of east is binding upon the people of the
west and vice versa. This is also demanded by the hadith (soomoo li ru iyatihi we aftaroo li
ru iyatihi) Fast when it is sighted and stop fasting when it is sighted, because the address
soomoo and aftaroo is aam (general) and for everyone. In conclusion, when sighting is
confirmed in whichever place, everyone is supposed to start his fast and break it in
accordance with it, i.e when the sighting is confirmed. [Fatawa Dar ul Uloom Deoband, Vol 6
page 385 & 386, Urdu edition]
Irrespective of how far the news of sighting came from, it is to be relied upon. For instance
if the people of Burma did not sight the moon, and a person from Bombay testifies to them
of having sighted the moon; it will be incumbent upon the people of Burma to make up for
the (first) fasting i.e. Qada. [Mufti Kifayat ullah, Taleem ul Islam, vol. 4, section sighting
of moon: Urdu edition]
When the moon is sighted in one place it is not just for that region but for the entire
world. [Maulana Amjad Ali, Bahar e Shareeat, Vol 2 page 108, Urdu edition]
The founder of the Barelevi's said: In the correct and authentic mazhab of our Imams, with
regard to the sighting of moon for Ramdhan and eid, distance of the place of sighting is of
no consideration. The sighting of the east is binding upon west and vice versa i.e. the
sighting of west is similarly binding on east. [Maulana Ahmad Raza Khan Barelevi, Fatawa
Rizwi; Vol 4 page 568, Urdu edition]
Umar (ra) reported that the Prophet (saaw) said: (in translation): We are ummiyah
(unlettered) people, we neither write nor calculate. The month is this way and that,
sometimes 29 days and sometimes 30.
Those who calculate say that the command in this Hadith, i.e. to sight the moon, is
accompanied by a reason (illah) which justifies the command. This justification being that the
Ummah was unlettered (We neither write nor calculate). The ruling in terms of its validity
goes only as far as its justification. If the Ummah has emerged from its unlettered state and
is able to write and calculate, it becomes essential to rely on calculation alone. However, this
argument is incorrect due to the following:
1. The description of the Ummah in this Hadith, Ummiyah, does not imply an illah (legal
reason). Ummiyah could mean Arab. [TMQ 62:2]. We neither naktub (write) nor nahsib
(calculate)... Nahsib in the Hadith carries several meanings such as: we do not use
astronomical calculations to determine the legal Sharii beginning and end of the month; nor
do we practice astrology, etc. Nahsib does not mean general calculations because Muslims
are commanded by the Shariah to follow the laws of Zakah, inheritance etc. which do involve
extensive calculations.
The claim that the Hadith describes the condition of the Ummah at the time of the Prophet
(saaw) is false. Further, the claim that this condition serves as an illah is also preposterous.
2. Further, even if this condition is considered an illah (reason), Qiyas on this issue is
invalid. Firstly, there can be no Qiyas in Ibadaat (ritual worships). Secondly, it contradicts the
definite meaning in texts of the numerous Ahadith which clearly illustrate that the sabab
(cause) for fasting is the sighting of the moon (like the setting of the sun is the sabab for
maghrib prayers).
Therefore, it is quite clear that the arguments presented to justify the beginning of
Ramadan through the use of calculations are invalid and haram. The only way to determine
the arrival of Ramadan is through sighting the moon.
In the Tafseer of Al-Qurtabi, Ibn Nafi'e (ra) reported that Imam Malik bin Anas (ra) said: "If you
see an Imam who does not begin and end fasting by way of sighting, but begins fasting by
calculation, he should not be followed in prayer or emulated." The renowned scholar Ibn
Al'Arabi said, "Some of our people erred when they reported that Imam Shaf'i relied on
calculations." Ibn Al-'Arabi commented, "The report is baseless and falsehood." [Tafseer AlQurtabi]
these to mean the Jumhoor majority. Islam has obliged sticking to the jama'ah of Muslims
under an Imam (Khalifah) not to the majority.
Al-Bukhari narrated about Bisr ibn Obaydellah al-Hadhrami that he heard Abu Idrees alKhoolani say that he heard Huthaifah ibn al-Yaman saying: "The people used to ask the
Prophet of Allah (saw) about the good and I used to ask him about the bad in fear that it
might catch me. So I said: O Prophet of Allah! We were in times of jahilliyah and mischief
then Allah brought us this good, so is there any mischief after this good? He (saw) said: Yes. I
said: Will there be any good after that mischief? He said: Yes, and it has smoke. I said: What is
its smoke? He said: (Some) people guide without any guidance, you recognise some (from
them) and deny some. I said: Will there be a mischief after that good? He said: Yes, (some)
people who invite at the doors of hell, whoever accepted their invitation they throw him in it
(hell). I said: O Prophet of Allah, describe them to us. He said: They are of our own skin (of
our people) and talk our language. I said: What do you order me to do if that (matter) caught
me? He said: Adhere to the jama'ah of Muslims and their Imam. I said: What if the Muslims
have no jama'ah nor an Imam? He said: Then you abandon all those groups, even if you have
to grab with your teeth the trunk of a tree till death comes to you as such."
This hadith is clear in its expression that the Prophet (saw) orders Muslims to adhere to the
jama'ah of Muslims and to adhere to their Imam, and to leave those who invite people to the
doors of hell. When the questioner asked him that in case the Muslims have no Imam and no
jama'ah what he has to do in regard with those who call at the doors of hell, the Prophet
(saw) ordered him to abandon these groups, not to disassociate himself from the Muslims nor
to abstain from the action for establishing an Imam. So his order is clear, disassociate yourself
from all those groups, and he emphasised the dissociation of those groups even to the extent
that his isolation from them would make him clench to the trunk of a tree until death comes
to him. It means adhere to your deen by staying away from the misleading callers who are at
the doors of hell. In this hadith there is no excuse or permission (for anybody) to abandon the
work for establishing a Khaleefah, it is, rather, confined to the command of adhering to the
deen and abandoning the callers at the doors of hell, and the sin will remain on him if he does
not work to establish a Khaleefah. So he is ordered to abandon the misleading groups in order
to save his deen from the callers of the misguidance, even if he had to clench to the trunk of
a tree, but not to distance himself from the Muslim community and abandon the work for
establishing the laws of the deen and establishing an Imam for Muslims.
The concept of following the majority rather than following Islam is not based on evidence
from the Quran and Sunnah and contradicts many famous (mashoor) evidences.
we cannot follow them, but we are obliged by Islam to enjoin the good and forbid the evil
even though we might get killed while doing this!
The Prophet (saw) said: "The master of martyrs (sayyid al-shuhada) is Hamza, and a man
who stands up to a tyrant ruler and gives him nasiha (advice). And so the ruler kills him"
Conclusion:
Why is it people follow only the sighting in their nation? Who has created the borders between
these nations? Wasnt it Winston Churchill and his counterparts who used to draw our maps on
tissue papers? Is it not whom who have divided us by one stroke of their pen, though Allah has
ordered us to be united? Arent they the real architects not only behind our weak, politically
dependent and economically unsustainable territories they refer to as countries, but also but
also our national Ruyat-e-Hilal committees who only do harm in the name of Islam? Why is it
that in Delhi people will follow the sighting in any other part of India but not of Pakistan when
it is geographically closer than many parts within India itself like Kerala or Tamil Nadu. In
Pakistan people will not follow the sighting of Bangladesh but before 1971 when it was East
Pakistan they would, why? Similarly the Matala of Kandahar and Jalalabad is the same as that
of NWFP, but still the sighting of the moon in Karachi would be accepted but that of Jalalabad
is deemed as unacceptable. What I want to highlight here is that even though there is very
little shuba of daleel in this issue, but most of our people dont know it and their difference is
not based upon that shuba, rather it has to do with nationalistic emotions, if not ignorance.
The Messenger of Allah (saw) said, He is not one of us who calls for asabiyyah,
(nationalism) or who fights for asabiyyah or who dies for asabiyyah. [Abu Dawud]
O Muslims! When you hear that a Muslim country, any country, no matter how near or how far,
declares that it has been confirmed according to the lawful way that the new moon of
Ramadhan has been sighted, you must begin your fast, and you are forbidden to wait for the
ruler or the Mufti in your part of the world to give you permission to fast, and when you hear
that a Muslim country, no matter how near or how far, has declared that the sighting of the
moon of Shawwal has been confirmed, by relying on the method recognised by Shari'ah, you
must break your fast and celebrate the Eid, you are forbidden from waiting for the ruler's or
the Mufti's permission to celebrate Eid. You fast and you break fast by the command of Allah
(swt) and His Messenger (saw), not by the command of those disbelieving mischievous rulers,
and not by the command of those Muftis who are more anxious to please the rulers rather
than to please Allah (swt). . Mu'az narrated: I said: O Messenger of Allah. What do you think if
we had leaders who do not follow your Sunnah and do not adopt your order; in what do you
order regarding their affair? The Messenger of Allah (saw) said: There is no obedience to the
one who does not obey Allah 'azza wa jall.'
Muslim on the authority of Abu Hurayrah: that The Messenger of Allah (saw)
forbade fasting on two days, the day of al-Adha and the day of al-Fitr.