Introduction to the Book " رؤیت ہلال" by Maqsood al-Hasan Faizi

This excerpt is taken from the book " رؤیت ہلال" by Shaykh Maqsood al-Hasan Faizi.

Sighting of the Crescent and the Difference of Horizons​


Every year, the issue of the difference of horizons arises on the occasion of the Eid crescent and the Ramadan crescent. Therefore, a brief submission in this regard is as follows:

Sighting of the Ramadan and Eid Crescent:​


The commencement of any Arabic month can only be proven in two ways:
Firstly: sighting of the crescent moon.
Secondly: completion of the current month.
For example, if the moon of Ramadan is sighted, then the next day will be the fast, even if only twenty-nine (29) days of Sha'ban have passed. And if on the 29th of Sha'ban, the sky is cloudy or for any reason the moon is not sighted, then the count of the month of Sha'ban will be completed to thirty (30) days, and the next day will be the fast, whether the moon is sighted or not. Similarly, if the moon is not sighted on the 29th of Ramadan, or is not sighted due to clouds etc., then the count of thirty (30) days of Ramadan will be completed, and the next day will definitely be Eid. We will complete Ramadan, whether the moon is sighted in the evening or not. And if the moon is sighted on the evening of the 29th of Ramadan, then the next day will be the 1st of Shawwal, the day of Eid al-Fitr.
The basis of this principle is the Prophetic guidance ﷺ narrated in Sahih Bukhari and Muslim, Nasai, and Musnad Ahmad, in which the Prophet ﷺ says:
لا تصوموا حتى تروا الهلال ولا تفطروا حتى تروه، فإن غم عليكم فاقدروا له (وفي رواية) فأكملوا العدة ثلاثين
Reference: Refer to Mishkat 1/615 and Al-Fath al-Rabbani Tartib wa Sharh Musnad Ahmad al-Shaibani 247/9

"Do not start fasting until you see the crescent of Ramadan, and do not break the fast (Eid al-Fitr) until you see it (i.e., the crescent of Eid). And if it is not visible (due to clouds or rain), then calculate it. (And in another narration, its explanation has also come) Complete the count of the current month of Sha'ban to thirty (30) days."

Testimony of Sighting the Crescent of Ramadan:​


It should also be kept in mind here that it is not a condition for sighting the crescent that every person must see the moon with their own eyes in order to fast or celebrate Eid. Rather, for fasting, the testimony of a sane, adult, virtuous, truthful, and sharp-sighted person that he has seen the moon is sufficient, and it becomes obligatory to fast based on his testimony, as narrated by Abdullah bin Umar رضي الله عنهما in Abu Dawood, Ibn Hibban, Mustadrak Hakim, Darimi, and Baihaqi:
تراءى الناس الهلال فأخبرت رسول الله صلى الله عليه وسلم إني رأيته فصام وأمر الناس بصيامه
Reference: [Al-Muntaqa ma'a al-Nail: 4/187/2, Mishkat: 1/617, Irwa al-Ghalil: 4/16 and he graded it Sahih, Bulugh al-Amani: 9/267.]

"People tried to sight the moon, and I informed the Prophet ﷺ that I had seen the moon. So he ﷺ fasted himself and ordered the people to fast."

This is the case of the testimony of a well-known person. However, if a person's condition is unknown, whether he is a transgressor committing major sins or not, then according to a hadith, his testimony can be accepted after asking him to testify to the Oneness of Allah and the Prophethood of Muhammad ﷺ, as in Sunan Arba'a, Dar Qutni, Ibn Hibban, Baihaqi, Mustadrak Hakim, and Darimi, there is a hadith that is spoken about (i.e., its authenticity is debated) that a man (a Bedouin) told the Prophet ﷺ that he had seen the moon. The Prophet ﷺ asked him to testify to the Oneness of Allah and the Prophethood of Muhammad ﷺ. He testified that there is no god but Allah and that Muhammad ﷺ is the Messenger of Allah. Then the Prophet ﷺ ordered Bilal رضي الله عنه:
يا بلال أذن فى الناس فليصوموا غدا
"O Bilal! Announce to the people that they should fast tomorrow."
Reference: [Mishkat: 616-617/12 - Al-Irwa: 4/15 and he graded it weak, Bulugh al-Amani 9/267 - and Al-Hakim graded it Sahih in al-Mustadrak 1/424 and al-Dhahabi agreed with him.]

The consensus of the scholars is that the beginning of Ramadan can be established with the testimony of just one witness, including Imam Shafi'i, Imam Ahmad bin Hanbal, and the Hanafis, according to the well-known saying from Imam Ibn al-Mubarak.
Reference: [Bulugh al-Amani Sharh Musnad Ahmad al-Shaibani: 9/268 and Nail al-Awtar 4/2/187.]




The situation regarding the sighting of the Ramadan crescent is the same as that of the Eid crescent, except that for the beginning of Ramadan or fasting, the testimony of only one Muslim is sufficient, but for the end of Ramadan or sighting the Eid moon, the testimony of two witnesses is necessary, as mentioned in an incident in Abu Dawood, Nasai, Dar Qutni, and Musnad Ahmad that once in the time of the Prophet ﷺ, the moon was not sighted on the evening of the twenty-ninth (29th) of Ramadan, so people fasted the thirtieth (30th) day. During the day, two Bedouins came and testified that they had seen the moon at night, so the Prophet ﷺ ordered the people to break their fast.
Reference: [Al-Fath al-Rabbani Tartib Musnad Ahmad wa Sharhahu 9 / 665. He said its chain is Hasan Thabit.]

This hadith and some other similar hadiths
Reference: (See: Al-Fath wa Sharhahu 264/9-270 and Neil Al-Awtar 4/2/)
are used as evidence that the testimony of two people is necessary for the Eid moon, and the four Imams are among those who hold this view, and they all have another opinion as well.
Reference: Bulugh al-Amani 269/9 .

Although some scholars have considered one testimony sufficient for each, and some have considered two testimonies necessary for each. The affirmation of the Eid crescent with the testimony of only one just witness is the opinion of Imam Abu Thawr, which Imam Shawkani has declared as apparent.
Reference: An-Nail 2/ 4 / 188

But they do not have any authentic and Marfu' hadith-based evidence. There is only a Farooqi narration from Abd al-Rahman bin Abi Laila, which is in Musnad Ahmad and Bazzar, in which he states that he was with Hazrat Umar Farooq رضي الله عنه when a man came and told him that he had seen the Shawwal moon, so Hazrat Umar رضي الله عنه said:
يا أيها الناس افطروا
O people! Break the fast.
Reference: Al-Fath al-Rabbani 266/9-267 .

But firstly, it is an Athar, not a Marfu' hadith, and secondly, it is not proven by a Sahih chain either, but Allama Haithami, after quoting it in Majma al-Zawaid, wrote:
In its chain, there is a narrator, Abd al-Ala Thalabi, about whom Imam Nasai has said that he is not strong, however, his hadith will be written, and other Imams of the field have declared him weak.
Reference: Referenced from Bulugh al-Amani 9/ 267 .

Therefore, this is not admissible as evidence. And the details of the method of argumentation that Imam Shawkani رحمه الله adopted in his support can be seen in Neil al-Awtar.
Reference: An-Nail 187/4/2-188 .

Now, as for those who say that two witnesses are necessary for the affirmation of the crescent for both Ramadan and Eid, their evidence is the hadith narrated by Hazrat Abd al-Rahman bin Zaid bin Khattab رضي الله عنه in Nasai, Dar Qutni, and Musnad Ahmad, in which the Prophet ﷺ said:
فإن شهد شاهدان فصوموا وافطروا .
In Musnad Ahmad, after شاهدان there is also مسلمان, and in Dar Qutni there is ذوا عدل.
Reference: Referenced from Al-Muntaqa ma'a al-Nail /4/2 / 187 - 188, Irwa al-Ghalil 16/4-17 and he authenticated it, Al-Fath al-Rabbani 264/9 - 265 .

If two witnesses, who are Muslims and just, testify that they have seen the moon, then fast and break the fast (Eid) based on their testimony.
This hadith is also supported by the hadith of Abu Dawood and Dar Qutni in which the Amir of Mecca, Harith bin Hatib رضي الله عنه, states:
عهد إلينا رسول الله صلى الله عليه وسلم أن ننسك للرؤية فإن لم نره وشهد شاهدا عدل نسكنا بشهاد تهما .
Reference: Al-Muntaqa: 2 / 4 / 189 and Dar Qutni authenticated it.

The Prophet ﷺ commanded us to act upon the sighting of the crescent, and if we cannot see the moon and two just witnesses testify, then act upon it.
In these hadiths, two witnesses are mentioned for the affirmation of both Ramadan and Eid, but since there are narrations from Hazrat Ibn Umar رضي الله عنهما and other Companions رضي الله عنهم regarding Ramadan that fasting was observed based on the testimony of only one witness, the difference between these two occasions becomes clear, and the hadiths mentioning two witnesses only imply that fasting will not be observed based on the testimony of one person, while the explicit (apparent words and meaning) of the hadiths mentioning fasting based on the testimony of one person indicates that one testimony is sufficient for that occasion, and the indication of the explicit meaning is stronger than the implied meaning, therefore, one testimony is sufficient for the affirmation of Ramadan.
Reference: Bulugh al-Amani: 9 / 268 .


Decisive Point:​


A reconciliation between these different statements and hadiths can be made in this way, and this is also the decisive point, that the matter of one witness for fasting and two witnesses for Eid is more plausible because fasting feels like a burden or hardship, and there is no possibility of doubt in giving testimony for it, whereas the Eid moon brings happiness, and there is a possibility of doubt in the testimony of one person, so the ruling of two witnesses is more appropriate for it.
فتاوى علماء حديث /193/6 مؤلف: مولانا على محمد سعيدي ، اطلاع ارباب الكمال مولانا عبدالعزيز نورستاني ص73. مكتبه ايوبيه، كراچي.

A Rare Case:​


If the moon is not sighted and there is no testimony, then the number thirty (30) should be completed, and if there is any testimony that is not legally valid, then on such an occasion, even if the person giving the testimony is actually truthful, he should not act on his own sighting alone, but should remain with the rest of the people. He should fast on the day when all the people fast, and he should celebrate Eid on the day when all the people celebrate Eid, and the same applies to Qurbani and Eid al-Adha, because there is a hadith in Abu Dawood, Tirmidhi, Ibn Majah, Baihaqi and Dar Qutni:
الصوم يوم تصومون والفطر يوم تفطرون والأضحى يوم تضحون.
Reference: Al-Irwa': 11/4-14, and it was authenticated in Majmu' Fatawa Ibn Taymiyyah: 25/114 - Fatawa 'Ulama Hadith 6/194.

"The day of fasting is the day when all of you fast, and the day of Eid is the day when all of you celebrate Eid, and the day of Eid al-Adha and Qurbani is the day when all of you sacrifice."

This hadith also makes it clear that if the first fast could not be observed for some reason and the Eid crescent is sighted after twenty-eight fasts, as happened once in the past few years in these Arab countries (Gulf states and Saudi Arabia), then Eid should be celebrated together with all Muslims, and one should not insist on fasting the twenty-ninth day on the day of Eid for no reason. However, since it is unanimously agreed that no Arabic month can be less than twenty-nine days, everyone should make up one fast after Eid so that the missed fast is compensated for and the collective joys of the Muslims' Eid are also shared, and since the moon has been sighted, the hadith of the Prophet ﷺ narrated in Sahihayn and Sunan:
صوموا لرؤيته وافطروا لرؤيته.
Reference: Al-Irwa': 3/4 - Al-Muntaqa: 4/189/2

should also be acted upon.
Reference: Summarized in Al-Fatawa: 6/207.

In this regard, several fatwas were issued by senior scholars this year, in which the same point was made.
Reference: See: Fatwa of Sheikh Ibn Baz in Fatawa Islamiyyah 2/132, published by Dar al-Qalam, Beirut.


The sighting of the moon in another location:​


If the people of one place try to sight the moon of Ramadan or Eid, but cannot see the moon due to clouds, rain, or dust, and the moon is sighted in another place due to clear skies, and news reaches them via telephone, telegram, fax, or email that the moon has been sighted, then the telephone method is very clear that it should be relied upon because it is not difficult to identify the person giving the news. However, the opinion of the jurists regarding telegrams etc. is quite different or detailed, the summary of which is that just as we consider news to be reliable in our worldly affairs, similarly, if so many telegrams etc. come from multiple people that they reach the level of *tawatur* and there is certainty of the news, then that news via telegram will also be considered reliable. And the same is the case with the news from nearby radio and TV. If a Hilal Sighting Committee formed by an Islamic country or a Muslim association in a non-Muslim country announces the sighting of the moon (even if a non-Muslim announcer broadcasts it on their behalf), the Shariah argument is fulfilled for the people living in that country or in the nearby areas of neighboring countries. They can fast if it is the crescent of Ramadan, and they can celebrate Eid if it is the crescent of Shawwal. In this regard, upon receiving news of the moon, the Prophet ﷺ's instruction to Bilal رضي الله عنه in the hadith of Sunan Arba'a and Darami to announce the fast with the words أذن فى الناس فليصوموا غدا. [references have passed], is a noteworthy matter as an official announcement.

Consideration of the difference of horizons:​


However, it is important to keep in mind here that news from radio, TV, telephone, telegram, fax, email, Facebook, Twitter, or the Internet reaches all corners of the world in a matter of moments. So, wherever the moon is sighted and wherever the news reaches, will it be obligatory for all those people to fast or celebrate Eid?

This is a controversial issue that has been known among the great Muhaddithin and Jurists since ancient times under the title of "Difference of Horizons (Ikhtilaf-e-Matali')". Scholars have written lengthy discussions on this topic, which fill the commentaries of Hadith and books of jurisprudence, and they have fulfilled the right to refine this issue. The summary of all these discussions, which can be called "essence of the flower," is this:

The horizon or time of moonrise cannot be the same all over the world. In some countries, the moon may be visible in the evening, while in other distant countries, the moon may not be visible on the same day, which has become an open reality today. Therefore, the difference of horizons will be taken into account. That is, it is not necessary that the day when there is fasting or Eid in Saudi Arabia and nearby Gulf states or countries, it should also be the same day in Pakistan, India, and other remote countries of the world. Nor is it necessary that the day when there is fasting or Eid in Iran and Afghanistan, it should also be the same day in India and Bangladesh. Rather, every country has its own sighting, and the people living there are bound by it. This has also been acknowledged by the Hanafis.
Reference: See: Jadeed Fiqhi Masail (Modern Juridical Issues) by Maulana Khalid Saifullah Rahmani, Graduate of Deoband, p. 29 onwards.


Distance for Difference in Horizons:​


Here, it is also worth noting what distance makes it possible for the moon to be sighted on different days in two places or countries? And will countries located at this distance have their own separate sighting? Regarding this distance, jurists and scholars have expressed multiple opinions. Some have written in general terms that countries like Iraq, Hijaz, and Syria are located at such a distance that it is not sufficient for the people of one country to rely on the sighting of another country, nor are they bound to celebrate Eid or fast based on the sighting of another country. Rather, each of these three countries should rely on its own sighting. And the saying of Hazrat Ikrimah رحمه الله:
الكل أهل بلد رؤيتهم.
"Every country has its own sighting."
Reference: [Al-Mughni by Ibn Qudamah: 8/313, Second Edition, 4/328, New Verified Edition.]

means that such countries have their own sighting.

This general distance is further clarified by the fact that experts in astronomy and geography say that if the moon is eight degrees high in a country at sunset, it will remain visible for thirty (30) minutes after sunset. Such a moon will definitely be present five hundred sixty (560) or five hundred (500) miles to the east of that sighting location. So, wherever the moon is sighted, its sighting will be valid up to five hundred sixty (560) or at least five hundred (500) miles to the east. Beyond that, it will not be valid, and in the countries to the west of the sighting location, the sighting of the crescent will be absolutely valid.

Shaykh al-Islam Imam Ibn Taymiyyah رحمه الله has also pointed to this, stating that if the moon is sighted in the east, it must necessarily rise in the west, but if it is seen in the west, it is not necessary that it be seen in the east as well.
Reference: Referenced from Haftroza Al-E'tisam Lahore, issue dated January 16, 1987; also see: "The Virtues and Rulings of Ramadan al-Mubarak" by Shaykh al-Hadith Maulana Ubaidullah Rahmani رحمه الله (author of Mir'at), pp. 8-12, published by Jamia Salafia Banaras.


In the Eyes of 'Ulama and Jurists of the Hanafi School:​


The well-known Hanafi scholar and researcher of the Indian subcontinent, Maulana Abdul Hai Lakhnavi رحمه الله, has shed detailed light on this topic and has also quoted excerpts from the books of various jurists. For example, he quotes the author of the book "Maraqi al-Falah" regarding his view on the difference of horizons in his own words as follows:
وقيل يختلف ثبوته باختلاف المطالع واختاره صاحب التجريد، كما إذا زالت الشمس عند قوم وغربت عند غيرهم - فالشهر على الأولين لا المغرب لعدم إنعقاد السبب فى حقهم.
Some are of the opinion that the difference of horizons can also cause a difference in the confirmation of the sighting of the new moon. The author of Tajrid al-Quduri has given preference to this view, just as when the sun passes its zenith for some people and sets for others, then it is Dhuhr for the first people, not Maghrib, because the reason for Maghrib has not been realized for them.
Allama Tahtawi writes in the commentary of "Maraqi al-Falah":
وهو الأشبه لأن انفصال الهلال من شعاع الشمس يختلف باختلاف الأقطار كما فى دخول الوقت وخروجه وهذا مثبت فى علم الأفلاك والهيئة وأقل ما اختلف المطالع مسيرة شهر كما فى الجواهر.
This opinion is more correct because the separation of the moon from the sun's rays varies with the change of regions, just as the timings (of prayer) vary with their arrival and departure, and this is a proven fact according to astronomy and cosmology. And according to the book Jawahir, the minimum distance at which the difference of horizons occurs is the distance of one month.
In Fatawa TatarKhania it is stated:
أهل بلدة إذا رأوا الهلال هل يلزم فى حق كل بلدة اختلف فيه؟ فمنهم من قال: لا يلزم وفي القدوري إن كان بين البلدتين تفاوت لا يختلف به المطالع يلزمه.
When the people of one city sight the moon, will the sighting be binding on all the cities? There is a difference of opinion on this. Some are of the opinion that it will not be binding. And in Quduri it is stated that if there is such a difference and distance between the two cities that the horizon does not change, then in that case the sighting will be binding.
The author of Hidaya writes in his other book "Mukhtarat al-Nawazil":
أهل بلدة صاموا تسعة وعشرين يوما بالرؤية وأهل بلدة أخرى صاموا ثلاثين بالرؤية فعلى الأولين قضاء إذا لم يختلف المطالع بينهما، أما إذا اختلف لا يجب القضاء.
If the people of one city fasted for 29 days after sighting the new moon, and the people of another city fasted for 30 days based on the sighting of the moon, then if there is no difference of horizon between these two cities, then those who fasted for 29 days should make up for one day. And if the horizon of both cities is different, then there is no need to make up for the fast.
The well-known Hanafi Muhaddith, Allama Zayla'i, has discussed the topic of difference of horizons in detail in the commentary of Kanz al-Daqa'iq, "Tabyin al-Haqaiq," and after quoting the difference of opinion among the Hanafi jurists in this regard, the decision he himself has made is this:
الأشبه أن يعتبر لأن كل قوم مخاطبون بما عندهم وانفصال الهلال عن شعاع الشمس يختلف باختلاف المطالع كما فى دخول وقت الصلاة وخروجه يختلف باختلاف الأقطار.
"The more correct view is that the difference of horizons is valid because every nation and group is addressed by what is presented to it, and the separation of the moon from the sun's rays varies with the difference of horizons, just as the beginning and ending times of prayers vary due to the difference of regions."
After discussing this topic in detail and quoting excerpts from the books of jurists, the well-considered decision that Allama Lakhnavi رحمه الله has issued is in his own words:
اصح المذاهب عقلا و نقلا هميں است كه هر دو بلده كه فيما بينهما مسافتي باشد كه در آن اختلاف مطالع مي شود و تنديرش مسافت يك ماه است دريي صورت حكم رؤيت يك بلده به بلده ديگر نخواهد شد و در بلاد متقاربه كه مسافت كم از كم يك ماه داشته باشند حكم رؤيت يك بلده ديگر لازم خواهد شد.
Reference: Majmu'a al-Fatawa ala Hamish Khulasat al-Fatawa 1/ 255-256 with reference to Jadeed Fiqhi Masail, pp. 81-83. Also see: Ittila' Arbab al-Kamal, Maulana Abdul Aziz Nuristani, pp. 43-47, published by Maktaba Ayyubia, Karachi.

The most correct view, both rationally and narratively, is that in the case of two cities that are so far apart that their horizons change, which is estimated to be a distance of one month, the sighting of the moon in one city should not be considered valid for the other city. And in the case of nearby cities, which are less than a month's distance apart, the sighting of the moon in one city is necessary and essential for the other city.
The author of Jadeed Fiqhi Masail, Maulana Khalid Saifullah Rahmani (graduate of Deoband), has written that in the opinion of this writer, this view is very moderate, balanced, and reasonable. However, instead of restricting the limits of the difference of horizons to a distance of one month, it would be more appropriate to rely on the calculations and opinions of modern astronomers.
A meeting of the Majlis Tahqiqat Sharia Nadwatul Ulama Lucknow was held on February 3 and 4, 1967, in which scholars and representatives of different schools of thought participated. In this meeting, all aspects of the issue of "sighting of the new moon" were considered and decisions were made, one of which was that nearby countries are those cities in whose sighting there is generally no difference of one day (i.e., the moon is sighted on the same evening), and the jurists have considered cities located at a distance of one month, which is five or six hundred miles, as distant countries whose sighting will be considered separate, that the moon may be sighted in one place and not in another, and cities less than this distance are considered nearby countries, in which the sighting of one city is sufficient and valid for the other city. And it was also decided that the council feels the need for a chart that would show how much distance the horizon (the place where the moon rises or is sighted) changes and which countries have the same horizon, and most parts of Pakistan and India and some nearby countries, such as Nepal, etc., have the same horizon. The practice of the scholars of Pakistan and India has always been based on this, and it is probably proven by experience as well. The cities of these countries do not have such a distance that there is a difference of one day in the month. However, countries like Egypt and Hijaz are far from Pakistan and India, so there is a difference of one day in the rising of the moon (sighting of the new moon) in Pakistan and India, so the sighting of these countries is not binding on the people of Pakistan and India.
Reference: Briefly, with reference to Jadeed Fiqhi Masail, pp. 83-84.

The well-known scholar of the subcontinent, Maulana Muhammad Ataullah Hanif Bhojiani, has written:
In India, this difference (which exists in different countries) is also possible between Warangal, Pasli, Gori and Madras, Hamisur. India is one country, but the difference in the height and depth of the surface is clear. The horizon of Shimla and Abu and the horizon of Calcutta and Chiralki differ from each other in their extent. There is so much difference in longitude that the horizon of all these places cannot be the same.
Reference: Al-I'tisam, Volume 26, Issue 32, with reference to Fatawa Ulama Hadith 6/164.




In connection with the difference of horizons, let it be clarified here that although there is difference of opinion among the Hanafis as well, the famous view of the Hanafis is that the difference of horizons is to be taken into account, and this is the more correct view, that it should be taken into account. Even Maulana Abdul Hai and some other Hanafi scholars have also considered it to be correct. The disarray in the Hanafi school of thought regarding this issue becomes even more clear from the fact that the author of modern jurisprudential issues has explicitly written that there is a difference in horizons, and this issue is no longer theoretical, but it has been proven on the level of observation and experience that there is a difference in the horizon in different regions of the world. Because we see that there are some places in the world that have a difference of twelve hours. At the very moment when day is at its peak in one place, night has completed half its journey in another place. At the very moment when it is Dhuhr in one place, it is time for Maghrib in another place. Obviously, in these circumstances, the horizon of these places cannot be the same. Suppose that where it is time for Maghrib, if the moon is sighted there, will the moon also be sighted where it is time for Dhuhr? Or will it be considered the time for Maghrib?

And regarding the second issue, which is related to taking into account the difference of horizons or not, after mentioning the famous view of the Hanafis and mentioning the view of the Shafi'is etc., Maulana Khalid Saifullah Rahmani writes:

It is very clear that everyone takes into account the difference of horizons in the times of prayers. If it is time for Dhuhr or Isha in one place and not in another, the people where it is not time cannot offer Dhuhr and Isha prayers merely because it is time for those prayers in another place. Or if it is the 28th day of the month in one place and the 29th in another, where the moon has been sighted, the month will not be ended on the 28th date and Ramadan or Eid will not be celebrated the next day merely because the moon has been sighted in another place. Therefore, it is natural and very logical that the difference of horizons and, accordingly, the difference of Ramadan and Eid must be acknowledged.
Reference: See: Jadeed Fiqhi Masail, pp. 79-80.


The "unity of Eid" initiative that some modernists have prepared for the "unity of the Ummah" around the world has been strongly refuted by Maulana Ataullah Hanif Bhojiani (commentator of Nasai), Sheikh Al-Hadith Maulana Muhammad Ismail Salafi (Amir Markazi Jamiat, Pakistan), Maulana Abdul Quddus Hashmi Hanafi, Maulana Maududi, Maulana Abdul Majid Daryabadi and Maulana Aziz Zubedi in Al-I'tisam Lahore, Jasarat Karachi, Fikr-o-Nazar Islamabad, Muhaddith Lahore and Tafsir Majidi.
Reference: For details, see: Fatawa Ulama Hadith 6/164, 183, 198, 199, 200, 205, 206; Ittila Arbab al-Kamal Nuristani, pp. 10-23, published by Maktaba Ayyubia, Karachi; and Fatwa Sheikh Ibn Baz in Fatawa Islamia 2/136, published by Dar Al-Qalam, Beirut.


For more details on the topic of moon sighting, unity of the Ummah, and difference of horizons, see:
Reference: ① Al-Mughni 3/81-83, edited by Muhammad Khalil Harras, published in Egypt
② Neil Al-Awtar 4/194-195, published in Beirut
③ Fatawa Ibn Taymiyyah 25/103-114, published by the Saudi government
④ Fatawa Ulama Hadith 6/120-207, published in Khanewal
⑤ Al-Fath Al-Rabbani wa Sharhuhu 9/270-272, published in M
⑥ Ittila Arbab al-Kamal ala Thubut Ru'yat al-Hilal, pp. 4-76, authored by: Maulana Abdul Aziz Nuristani, published by Maktaba Ayyubia, Karachi, Pakistan
⑦ Jadeed Fiqhi Masail, pp. 67-74, published in Hyderabad, India


Sometimes This Also Happens:​


Sometimes it may also happen that one of our Gulf or other countries' residents started fasting according to their local sighting and went to Pakistan or India a few days before Eid al-Fitr to celebrate the joys of Eid with their loved ones, whereas there the fasts usually begin a day later.
Conversely, it is also possible that after fasting for the first few days in his country, he comes here to the Arab countries, while the people here fasted a day before him. In both of these cases, sometimes someone ends up fasting only twenty-eight (28) days while living with others, and sometimes thirty-one (31) days may also occur, while neither is correct.

So What Should Be Done?​


The answer to the question arising from the above two scenarios is: "If a person starts fasting in a place according to the local sighting, and then travels to a country where the people started fasting a day earlier, then that person should celebrate Eid al-Fitr with them and does not need to make up a day of fasting in place of their first fast."

If he travels to a country where the people started fasting a day later than him, then there are different opinions about this:

"If he says that he should celebrate Eid al-Fitr alone (because he has already fasted one day more), then it is like a person seeing the moon alone, and he cannot break the fast (celebrate Eid al-Fitr) alone according to the well-known opinion. And if he continues to fast with them, then his fasts will become thirty-one (if they complete thirty fasts there)."

Therefore, if the people of the town complete their fasts and celebrate Eid, but due to the delay in the sighting of the crescent and the delay in the start of Ramadan, his fasts are only twenty-eight (28) instead of being complete, then he should celebrate Eid with these local people and make up one fast later, because Ramadan cannot be twenty-eight (28) days in any case.

If, due to the early sighting of the crescent and the early start of Ramadan, his fasts have become thirty (30), but the local people are fasting the next day according to their sighting, then that person has the option to break the fast (i.e., not fast), but should refrain from eating and drinking in public out of respect for the (locally observed) month of Ramadan, and he can fast with the local people merely as a voluntary act. And it is voluntary because the days of Ramadan cannot be thirty-one (31) by unanimous agreement, and he has completed his thirty (30) fasts. And this second option (of fasting voluntarily) seems to be the better one.
Reference: Al-Tafsil: Al-Majmu' Sharh al-Muhadhdhab by Imam Nawawi 6/392-393, published in Egypt; Majmu' Fatawa Imam Ibn Taymiyyah: 26/106 onwards, published by the Saudi government.


In the same context, Allama Ibn Baz رحمه الله, while answering a question, issued a fatwa in which he made it obligatory to fast the twenty-ninth (29th) day if there are only twenty-eight (28) fasts, stating that no Arabic month is less than twenty-nine (29) days. However, in the second case, if he has to fast the thirty-first (31st) day as well, then in the light of the Prophet's ﷺ saying:
الصوم يوم تصومون والإفطار يوم تفطرون.
"Fasting starts on the day when you all fast, and Eid is on the day when you all celebrate Eid."

He makes it obligatory to fast the thirty-first day as well.
Reference: Referenced from Fatawa Islamiyah 2/133, published by Dar al-Qalam Beirut; Al-Fatawa by Ibn Baz 1/117 - Silsilah Kitab al-Da'wah Riyadh and Monthly al-Furqan - Cyprus and Kuwait, Volume 1, Issue 4, for the month of Ramadan 1409 AH, April 1989 AD.


It is clear from this fatwa that in this case, the thirty-first fast is not voluntary but obligatory, which contradicts his own statement that no Arabic month is less than twenty-nine days, because just as no Arabic month is less than twenty-nine days, it is also a fact that no Arabic month is more than thirty days by unanimous agreement, as Allama Ibn Rushd has narrated the consensus of the Ummah on the minimum number of fasts in Ramadan being 29 and the maximum being 30.
Reference: Bidayat al-Mujtahid 1/283-284, published by Maktabat al-Ma'arif Riyadh.


Therefore, it is quite clear that it is better to fast, whether it is obligatory or voluntary.

The book under review is a fine compilation by a well-known scholarly figure of the Indian subcontinent and our esteemed friend, Abu Kaleem, Fadilat al-Sheikh Maqsood al-Hasan Faizi (Al-Ghat - Al-Qassim - Saudi Arabia), who needs no introduction. He is an excellent speaker and orator, as well as a writer and author. It is enough for the dignity and credibility of this book that he has discussed the topic under discussion in a comprehensive, well-reasoned, and thorough manner.
فجزاه الله خيرا فى الدنيا والآخرة.
Our friends are honored to publish it in a standard manner and present it to their esteemed readers on behalf of Tawheed Publications, Bangalore.

We pray to Allah Almighty to make it a part of the balance of good deeds for the author, introducer, publishers, and supporters. آمين يا رب العالمين.
والسلام عليكم ورحمة الله وبركاته
Abu Adnan Muhammad Munir Qamar
Translator, General Court (Shari' Court) in Al-Khobar
Da'i, Collaborator, Correspondence Office for Communities in Al-Khobar, Al-Rakah, Dammam (Saudi Arabia)
 
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