This excerpt is taken from the book of His Eminence Sheikh Maqsood al-Hassan Faizi Moon Sighting.
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Chapter: 3
It has become clear from the previous discussion that the religious and worldly affairs of Muslims are connected to lunar months, and the correct information regarding lunar months is derived from moon sighting. Therefore, Shari'ah has given great importance to moon sighting. In the sayings and actions of Allah's Messenger ﷺ, there is encouragement and emphasis on moon sighting. Hence, the beginning and end of lunar months will be solely based on moon sighting.
It is also an academic fact regarding moon sighting that the difference of horizons is a reality, and this is not only an academic fact but also an evident matter. For this reason, the scholars of the Ummah unanimously acknowledge the difference of horizons.
After acquiring some brief information about the aforementioned matters, the question arises whether the unity of moon sighting is to be considered for the religious affairs of Muslims, particularly for fasting, Eid, Hajj, and sacrifice, etc. In other words, if the moon is sighted in any part of the world, will this sighting be sufficient for all Muslims worldwide, or will each city and country need to ensure their own moon sighting?
This chapter will discuss this very issue, and indeed, this is the main topic of this article.
◈A Brief Overview of Various Opinions Regarding the Unity of Vision:
Fundamentally, there are two opinions among scholars regarding this matter:
First: The difference in moon sighting is an academic reality, but it will not be considered in fasting and breaking the fast; rather, the sighting in one location will suffice for the entire world. The majority opinion among scholars is that if the moon is sighted in any part of the world, that sighting is sufficient for the entire world. It is said that this is the view of the majority of scholars.
Reference: Al-Minnah, page 398
Some later scholars have stated that the sighting of the people of Makkah will be considered for the entire world. Allama Ahmad Shakir رحمه الله علیہ has strongly emphasized this opinion.
Reference: See Allama's treatise, Awa'il al-Shuhur al-Arabiyyah, page 21.
Second: The theory of unity of sighting is not correct; rather, it is an evident matter that there will be a difference in moon sighting based on distance. Then, how far will the unity of sighting be considered valid, and beyond that, it will not be? There are various opinions among scholars regarding this:
① In regions where the horizon is the same, the unity of sighting will be considered valid, and if there is a difference in the horizon, then the difference in sighting is inevitable. This is the position of Imam Ibn Abd al-Barr رحمه الله علیہ, Imam al-Khattabi رحمه الله علیہ, Shaykh al-Islam Imam Ibn Taymiyyah رحمه الله علیہ, Imam Nawawi رحمه الله علیہ, and a large group of scholars. In fact, according to the research of the author of the article, the majority of hadith scholars and commentators have also adopted this view.
Reference: Al-Tamhid: 14/358 - Al-Ikhtiyarat al-Fiqhiyyah, page 106 - Al-Majmu': 6/227.
② As far as the sighting of the moon is possible without any obstruction, the unity of sighting will be considered valid up to that distance, and beyond that, it will not be. This is the view of Imam al-Sarakhsi رحمه الله علیہ.
Reference: Fath al-Bari: 4/123 - Al-Ma'ra'ah: 6/426.
This opinion is quite similar to the previously mentioned opinion regarding the difference in horizons, differing only in expression, and in this sense, the ancient scholars also stated: لكل بلد رؤيتهم واللہ اعلم.
③ The unity of sighting will be considered valid up to the distance of Qasr, and beyond that, it will not be. This position is held by the Shafi'i scholars of Khorasan and some Hanbalis.
Reference: Al-Ilm al-Manshur, page 28, Al-Majmu': 6, page 227, Fath al-'Alam: 4/16
④ In one region (area or province), the unity of sighting will be considered valid; however, the sighting of one region will not be valid in another region. This is the opinion of Hussain bin Ali al-Saimari among the Hanafi scholars, who passed away in 436, and some Shafi'i jurists.
Reference: Al-Majmu': 6/337 - Fath al-Bari: 4/123 - Al-Ilm al-Manshur: page 27.
⑤ For cities under the jurisdiction of one Imam, the unity of sighting will be considered valid, and not beyond that. This is the view of the famous Maliki jurist and Imam Abdul Malik bin al-Majshun رحمه الله علیہ.
Reference: Tarh al-Tathreeb: 4/116 - Al-Ilm al-Manshur, page 37.
The contemporary jurist Allama Ibn Uthaymeen رحمه الله علیہ has deemed this opinion strong in a collective sense.
Reference: Al-Sharh al-Mumti': 6/323.
⑥ If there is such a distance between two cities that, for example, it is Dhuhr time in one city, and Asr time in the other city, meaning that the time for one prayer has entered in one city while the time for another prayer has entered in the other city, then the unity of sighting will not be considered valid.
Reference: Majallat al-I'tisam: Volume 47, Issue 3.
⑦ As far as news can be conveyed during the night, the unity of sighting will be considered valid up to that point, and beyond that, it will not be.
Reference: Al-Sharh al-Mumti': 326.
◈Evidence for the Unity of Vision:
It is clear that there is no explicit evidence for the Unity of Vision in the Quran and Hadith; rather, it has been inferred from the generality of certain verses and narrations. Below, these evidences are mentioned:
❀ Evidence from the Quran:
The command of Allah, the Exalted, is:
﴿فَمَنْ شَهِدَ مِنْكُمُ الشَّهْرَ فَلْيَصُمْهُ﴾
"Whoever among you witnesses the month, let him fast it."
Reference: (Al-Baqarah: 185)
The reasoning here is that the aforementioned verse addresses the entire Ummah and establishes the sighting of the moon or the arrival of the month as the reason for fasting. It does not specifically address any particular nation or designate any specific region; rather, it is a general command directed at all Muslims in the world. It is agreed upon that it is not a condition for every individual Muslim to see the moon; rather, it is sufficient for the news of the moon's appearance to reach them. Therefore, for every individual in the Ummah who receives this news, it becomes obligatory for them to fast or break their fast.
Firstly: A strong objection to this reasoning is that Allah, the Exalted, has made the obligation of fasting contingent upon the sighting of the crescent moon or the counting of 30 days after the entrance into the month, whether this sighting is actual or legal. This means that a Muslim may either see the moon themselves or someone from their locality may see it. In the first case, it can be said that they have actually seen the moon, and in the second case, it can be said that they are in the ruling of having seen the moon; that is, if there were no visible obstruction, that person would have indeed seen the moon. Now the question arises: for a person living in a place where, due to atmospheric differences or any other reason, the moon is not visible, how can it be said that their sighting is neither actual nor legal? How can it be claimed that this person is included in the ruling of ﴿فَمَنْ شَهِدَ مِنْكُمُ الشَّهْرَ فَلْيَصُمْهُ﴾ when they have neither an actual nor a legal entrance into the month?
Secondly: The practice of the Messenger of Allah ﷺ and the Rightly Guided Caliphs رضي الله عنهم contradicts this. During the Prophetic life in Medina, Ramadan occurred 9 times, yet there is no authentic or weak narration indicating that the Prophet ﷺ sent news of the sighting from Medina or inquired about the sightings from other regions. This was also the practice of the Rightly Guided Caliphs رضي الله عنهم. Therefore, it is worth pondering that if the sighting from one place were sufficient for all places, there would have been arrangements to disseminate this news widely, or a clear command would have been given for the coming Ummah.
Reference: Tibyan al-Adillah 7 - Ma'rifah Awqat al-Ibadat 2 / 46 .
Thirdly: Numerous incidents indicate that during the time of the Companions رضي الله عنهم and the Followers رحمهم الله, there were places where the moon was sighted and others where it was not, and this information reached others. However, no Companion or Follower ordered people to make up for missed fasts.
Reference: Majmu' al-Fatawa: 25 / 108; also see: Al-Tamhid 358/14 .
❀Evidence from Hadith:
A: The Messenger of Allah ﷺ said:
إذا رأيتموه فصوموا وإذا رأيتموه فأفطروا فإن غم عليكم فاقدروا له
"When you see the moon, fast, and when you see it, break your fast; and if clouds obscure it, then estimate (complete the count of thirty)."
(Agreed upon from Ibn Umar, the narration has been cited earlier.)
The reason for this evidence is almost the same as mentioned before, meaning that this Hadith addresses the entire Ummah; the Messenger of Allah ﷺ did not speak only to the people of Medina but addressed all Muslims. Therefore, if the sighting of the moon is established in any place, all people will be obligated to follow it.
Reference: Majmu' Fatawa Sheikh Ibn Baz: 10 / 79 - Ma'rifah Awqat al-Ibadat 2 /50.
The same objections arise against this evidence as were raised against the previous evidence, namely that the addressees of this Hadith are those who have actually or legally witnessed the moon, and how can this ruling apply to those who have not witnessed the moon either legally or actually? Just as when the call to Friday prayer is made in a city, it is obligatory for the people there to attend, but how can those in a city where the time for Friday has not yet arrived be obligated to attend? Therefore, the truth is that this Hadith and all such Hadiths are general, which have been specified by the arguments mentioned regarding the differences in sighting.
B: The famous Tabi'i, Hazrat Rabi' bin Harash, narrates from a companion (the name of this companion is Abu Mas'ud 'Uqbah bin 'Amir al-Badri رضي الله عنه, as stated in Al-Mudarak al-Hakim) that once in Medina, at the end of Ramadan, there was a disagreement (since the sky was not clear, discussions and contradictory statements began). By coincidence, two desert dwellers came and swore by Allah that they had seen the moon the previous evening. The Prophet ﷺ ordered the people to break their fast and go out to the prayer ground the next day.
Reference: Sunan Abu Dawood: 3340, Musnad Ahmad: 362/5 and 4 / 314, Sunan al-Daraqutni 3 / 169, Imam al-Daraqutni writes: This chain is Hasan and authentic; also see: Sahih Abu Dawood 3 / 54.
The reason for this evidence is that the Messenger of Allah ﷺ relied on the sighting from outside Medina, which indicates that the sighting in one place is also accepted and credible in another place.
The objection to this reasoning is that seeing the moon at sunset and then reaching Medina the next morning is not such a distance that would affect the sighting, nor is this distance considered far in common terms; it would only be a few miles, as travelers in that time typically camped in the last part of the night. Therefore, this Hadith is not about the unity of sighting but rather about another issue, meaning that if the moon is not seen in an area due to clouds, and then the sighting is confirmed from a nearby area the next day, that sighting will be accepted, and it will be obligatory to act upon it.
C: Hazrat Umar رضي الله عنه once went out to sight the moon and saw a rider coming. Hazrat Umar رضي الله عنه asked him, "Where have you come from?" He replied, "From the land of Syria." Hazrat Umar رضي الله عنه then asked, "Did you see the moon?" He answered, "Yes." Upon hearing this, Umar رضي الله عنه said:
الله أكبر يكفي المؤمنين أحدهم
"It is sufficient for Muslims that one person sees the moon."
Reference: Musnad Ahmad 1 / 29- Musnad Abu Ya'la al-Maqdisi 477 No. 500- Sunan al-Daraqutni 3 / 168, 169. The words are from Abu Ya'la.
The reason for this evidence is that Hazrat Umar رضي الله عنه considered the sighting of one person as the sighting for all Muslims, without mentioning any differences in sighting or other distinctions; rather, it is evident from the context of the Hadith that this person saw the moon from a distance away from Medina.
Firstly: The objection to this reasoning is that this Hadith is weak because one of its narrators, Abdullah bin al-Thalabi, has been criticized by scholars, and both Ibn Abi Hatim and Imam al-Nasa'i رحمه الله have declared it non-credible.
Reference: Tahrir al-Tahdhib 6 / 54-55.
Moreover, the narrator, Abdul Rahman bin Abi Layla, who narrates from Hazrat Umar رضي الله عنه, has not been proven to have met him.
Reference: See: Al-Taliq al-Mughni 3 / 169 - Tahqiq al-Musnad 1 / 324.
Secondly: This Hadith does not mention the testimony from a far-off area; it appears that when Hazrat Umar رضي الله عنه went out to sight the moon, a traveler appeared at that moment who had seen the moon before Hazrat Umar رضي الله عنه and his companions. And Allah knows best.
D: The Messenger of Allah ﷺ said:
الصوم يوم تصومون والفطر يوم تفطرون والأضحى يوم تضحون
"The day of fasting is the day when you all fast, and the day of breaking the fast is the day when you all break your fast, and the day of sacrifice is the day when you all sacrifice."
Reference: Sunan Abu Dawood: 2324 al-Sawm - Sunan al-Tirmidhi: 697: al-Sawm - Sunan Ibn Majah: 1660 al-Siyam narrated by Abu Huraira, the words are from Sunan al-Tirmidhi.
The reason for this evidence is that this Hadith addresses all Muslims, stating that the day for fasting, celebrating Eid, and sacrificing should be the same.
Reference: Majmu' Fatawa Sheikh Ibn Baz: Vol 15, p. 78.
Several objections arise against this reasoning:
Firstly: This is a general ruling addressed to those people for whom the first day of Ramadan, the day of Eid, and the day of sacrifice have been established based on the legal sighting. For those in an area or country where Ramadan has not yet entered legally, meaning through the sighting of the moon, and it is still the 28th or 29th of Sha'ban, or the 28th or 29th of Ramadan, or the 8th or 9th of Dhul-Hijjah, how can they be obligated to fast in Ramadan, celebrate Eid, or sacrifice on the 10th of Dhul-Hijjah? Just as the permission to break the fast is given at sunset, the command to abstain from eating and drinking is given at dawn. It is evident that this command will only apply to those for whom the sun has set or dawn has broken, and those for whom the sun has not set and dawn has not broken are not obligated by this command. Similarly, how can those areas where Ramadan has not entered and the moon of Shawwal has not been sighted be obligated by this general ruling? Consider whether there is any other example in Shari'ah that can be compared to this.
Secondly: The explanation provided by the scholars of Hadith regarding the meaning of this Hadith is entirely different. To my knowledge, there are two opinions among scholars regarding the interpretation and explanation of this Hadith.
First Opinion: Fasting, sacrifice, Hajj, and Eid are such matters for Muslims that no individual has the authority to make a decision alone; rather, the collective decision of all the people of the city, the people of the country, and the Muslim community should be taken into account. For example, if someone sees the moon of Shawwal, he believes in what he has seen, but since he has no companion to support him in his sighting, the ruler or the judge of the city or the general Muslims do not confirm his sighting, it is not permissible for him to go out alone to celebrate Eid; rather, he should celebrate Eid with the Muslim community. He can at most refrain from fasting on his own and not announce the breaking of the fast. If the ruler or judge or general Muslims have rejected his testimony based on ijtihad, they are not to be held accountable for that mistake. Imam al-Tirmidhi رحمه الله has dedicated a chapter for this Hadith:
باب ما جاء ان الفطر يوم تفطرون والأضحى يوم تضحون
Then after mentioning the above Hadith, he writes:
وفسر بعض أهل العلم هذا الحديث فقال: إنما معنى هذا: أن الصوم والفطر مع الجماعة وعظم الناس
Reference: Sunan al-Tirmidhi: Vol 3, p. 80. Allama Badi' al-Zaman has beautifully translated this chapter: "Chapter regarding the statement that Eid al-Fitr and Eid al-Adha should only be celebrated together." Sunan al-Tirmidhi Translated Vol 1, p. 366. For details, see: Tahrir al-Sunan by Ibn al-Qayyim and 'Awn al-Mabud: Vol 4, p. 443. Sabil al-Salam Vol 3, p. 73 - Fayd al-Qadir by al-Manawi Vol 4, p. 320. And the series of authentic Hadiths by Al-Albani Vol 1, p. 443, 444.
That is, fasting and breaking the fast should be with the Muslim community and all people.
The famous Hadith scholar Allama Abu al-Hasan al-Sindhi رحمه الله has commented on this Hadith:
"It appears that the apparent meaning of this Hadith indicates that individuals have no role in these matters, and no one has the right to act independently in these matters; rather, all these matters are entrusted to the ruler and the Muslim community. Therefore, if someone sees the moon but the ruler has rejected his testimony, it is obligatory for him to follow the Muslim community in this regard."
Reference: Hashiya al-Sindhi on Sunan Ibn Majah: Vol 3, p. 306.
Second Opinion: In matters where there is room for ijtihad, and a mistake occurs despite ijtihad, there is no accountability from Allah for that. For example, if people made every effort to see the moon but it was not visible, and as a result, they completed the count of thirty days of Sha'ban and fasted, then later it was discovered that Sha'ban was actually twenty-nine days, and there was a mistake in sighting the moon, then neither is there any sin upon those people nor is there any obligation to make up for a day of fasting, provided that the month of Ramadan is at least twenty-nine days long. Similarly, if Muslims made an effort to see the moon of Dhul-Hijjah but for some reason it was not visible, resulting in people standing on the 10th of Dhul-Hijjah instead of the 9th, and later it was discovered that the standing should have been one day earlier, then such a mistake will not affect the Hajj; rather, their Hajj will be complete and entirely valid. A famous Tabi'i, Hazrat Masruq رحمه الله, narrates that once on the day of Arafah, he visited Hazrat Aisha رضي الله عنها, and she said: "Serve Masruq some barley and add more sweetness." Masruq رحمه الله said: "I mentioned that we did not fast today because it is not the day of sacrifice." Upon hearing this, Hazrat Aisha رضي الله عنها said:
النحر يوم ينحر الناس والفطر يوم يفطر الناس
"The day of sacrifice will be the day when all people sacrifice, and the day of breaking the fast (Eid) will be the day when all people break their fast."
Reference: Al-Sunan al-Kubra by al-Bayhaqi Vol 4, p. 252.
According to Imam Abu Dawood رحمه الله, this opinion is preferred, as he dedicates a chapter in his Sunan for the discussed Hadith:
باب اذا اخطأ الناس الهلال
"When people make a mistake in sighting the moon."
Reference: Sunan Abu Dawood Vol 4, p. 441 with 'Awn al-Mabud.
That is, this chapter is regarding the statement that a community made an effort to see the moon but made a mistake (in reality, the moon was there but was not seen due to clouds, etc.), and people completed the count of thirty days, and later it was discovered that the month was actually twenty-nine days; what is the ruling regarding this?
Reference: See: 'Awn al-Mabud Vol 6, pp. 441-442.
Imam al-Bayhaqi رحمه الله also dedicates a chapter in his Sunan:
باب القوم يخطئون فى رؤية الهلال
"Chapter regarding the statement that if people fall into error in sighting the moon."
Then in this chapter, he narrates the Hadiths of Hazrat Abu Huraira and Hazrat Aisha رضي الله عنهما.
Reference: Al-Sunan al-Kubra: Vol 4, p. 351.
Hazrat Abu Huraira narrates the Hadith of the Prophet صلى الله عليه وسلم: وفطركم يوم تفطرون، وأضحاكم يوم تضحون ، وكل عرفة موقف، وكل منى منحر ، وكل فجاج مكة منحر ، وكل جمع موقف
Reference: Narrated by Abu Dawood 2324 al-Sawm al-Bayhaqi -251/4, 252.
Hazrat Abu Huraira رضي الله عنه narrates that the Messenger of Allah ﷺ said: "Eid al-Fitr is the day when you break your fast, and Eid al-Adha is the day when you sacrifice, and the entire Arafah is a place of standing, and the entire Mina is a place of sacrifice, and all the paths to Makkah are places of sacrifice, and the entire Muzdalifah is a place of standing."
Hazrat Aisha رضي الله عنها's Hadith: الفطر يوم يفطر الناس ، والأضحى يوم يضحي الناس ،
Reference: (Sunan al-Tirmidhi 802 al-Sawm)
The day of breaking the fast (Eid day) is when all people break their fast, and the day of sacrifice is when all people sacrifice.The famous commentator of Hadith, Imam Abu Sulayman al-Khattabi رحمه الله, has expressed this same meaning regarding this Hadith.
Reference: See: Ma'alim al-Sunan with Mukhtasar al-Sunan Vol 3, p. 213.
From this detail, it is evident that the discussed Hadith is not explicit regarding the unity of sighting; rather, it is a general ruling that will be specified by the arguments mentioned regarding the differences in sighting.❀ Evidence from Qiyas:
Proponents of the unity of sighting present a rational argument that accepting the unity of sighting will benefit Muslims worldwide, as they gather for Friday prayers on the same day, so too will their fasting, Eid, and sacrifices occur on the same day, thereby strengthening their mutual agreement and unity. If Muslims celebrate their festivals and religious events on different days in various countries, not only will their unity be shattered, but they will also appear ridiculous in front of other nations.
Reference: See: مجلة مجمع الفقهي عدد ثاني جزء ثاني صفحہ 991 اور 992
This rational argument has been particularly emphasized by Allama Ahmad Shakir رحمه الله. The renowned jurist from Syria, Sheikh Wahbah al-Zuhayli رحمه الله, has also strongly advocated this argument in his book ”الفقه الاسلامي وأدلته“, and an Indian author has also highlighted it well.
Reference: أوائل الشهور، مکہ مکرمہ کی رؤیت ہلال صفحہ 8۔
A major objection to this reasoning is that even if unity is accepted, it seems not only difficult but impossible for all Muslims worldwide to celebrate Eid on the same day and date. For example, in the Kingdom of Saudi Arabia or its neighboring Islamic countries, the moon may be sighted during the hot days when the sun sets at 7 PM. At that time, in some countries located east of Saudi Arabia, such as Fiji and New Zealand, it would be around 4 or 5 AM, meaning the people there would have already completed their Fajr prayer, as there is a 9 to 10 hour difference in time between the two regions. It is also evident that under current circumstances, the announcement of moon sighting in Saudi Arabia is rarely made before 9 or 10 PM, as the issue of moon sighting goes through various stages. First, local judges investigate it, then the matter is presented to the Supreme Judicial Council with recorded testimonies, after which the Supreme Judicial Council reports its findings to the Royal Office, and upon approval, informs the Supreme Judicial Council, the Ministry of Interior, and the media. Thus, after considerable effort, the moon sighting and its announcement take at least two to three hours, while this time would be during the forenoon for the residents of Fiji and New Zealand. The question then arises: how can they celebrate Eid on the same day or begin fasting, and if they do not celebrate Eid or start fasting on that day, how will the unity being advocated be achieved? If the same moon is sighted in a western country far from Saudi Arabia, the aforementioned difficulties could increase.
This is just one example; upon reflection, many more challenges can arise in accepting the unity of sighting, which the proponents of unity do not seem to address. Therefore, Maulana Abdul Rahman Kilani رحمه الله has clarified this objection with several examples. It would not be inappropriate to quote a lengthy excerpt from him.
Maulana رحمه الله writes:
In the year 1978, the new moon of Shawwal will occur in London at 4:09 PM, and the date will be September 2. At that moment, in the Holy Hijaz, it will be 6:09 PM, in Pakistan 9:09 PM, in East Pakistan 10:09 PM, and in the islands of Fiji and Siberia, it will be 4:09 AM, and the date will still be September 2, as these locations are situated east of the international date line.
If the government of Hijaz announces the celebration of Eid for the next day at 6:09 PM on September 2, what will the Muslims in the islands of Fiji and Siberia do at that time? If they celebrate Eid on September 2, unity is not possible because Eid in Hijaz will be on September 3. And if they fast, why should they fast when the new moon has already been sighted? The same situation can arise regarding the commencement of fasting or other matters.
This was the issue of the new moon or conjunction; now let us see if unity and agreement can be achieved if the basis is the sighting of the moon. It has already been clarified that conjunction and moon sighting are two separate matters, and there can be a gap of 24 to 30 hours at the same location. It is also established that according to astronomical knowledge, the sighting of the moon requires a period of 24 hours and 49 minutes worldwide. Therefore, if an announcement of moon sighting is made for the entire world, it could lead to even more confusion than the previous example. For instance, in the above example, if moon sighting is confirmed in Mecca on September 3, 1978, and Eid is announced for the next day at 7:30 PM, it will be 9:30 AM in Mexico (USA) at that time. Will people complete their fast that day and celebrate Eid the next day, or will they break their fast and celebrate Eid on the same day and at the same time? In either case, what form of unity is possible with Mecca?
I argue that even if legal rulings are completely disregarded, the unity and agreement that is desired do not seem to be achievable. Adjusting clocks forward or backward in the Gregorian calendar to create uniformity in the same day through two different methods does not change the actual situation.
Based on moon sighting, there can be a two-day difference on a specified date. However, this occurs in very few places, specifically in one twenty-seventh of the world, yet we see that a two-day difference sometimes appears in observations. The reason for this is the same innovative method that has eliminated the one-day difference in the Gregorian calendar caused by the movement of celestial bodies. This difference also affects lunar dates. If this innovative method is abolished, the differences in lunar dates will automatically cease. Now, these individuals want to eliminate the differences in lunar dates in the same way through an innovative method. Our submission is that this situation closely resembles the intercalation or postponement, which has no place in the lunar calendar and from which Muslims have been strictly prohibited.
The inability to see the moon due to clouds, rain, or atmospheric density does not affect the calendar. This difference is merely local. Such differences can be resolved by moon sighting committees or local governments through announcements based on testimonies, provided the sky is the same and not different. We have detailed the reality of differing observations in the previous chapter, and this is the only type of difference in lunar dates that we can eliminate through good management.
The issue of unifying lunar dates through announcements worldwide is very complicated, and achieving unity in the performance of rituals at a specific time on a specific day is even more challenging. If we wish to join the pilgrims in their prayers during Hajj, it will be a difficult task. Because from the afternoon of the 9th of Dhul-Hijjah until sunset, the pilgrims pray in the plain of Arafat. This is the essential pillar of Hajj. After sunset, they must depart to Mash'ar al-Haram (Muzdalifah). At that time, Muslims in India and China will be deep in sleep, while it will be time for Suhoor in Australia. Can Muslims be obligated to align with this timing?
The same situation applies to the Day of Sacrifice, which is the 10th of Dhul-Hijjah. After sunrise, the pilgrims come from Muzdalifah to Mina, then they throw pebbles at the major Jamrah, and after that, the time for sacrifice arrives. Thus, the time for sacrifice comes approximately three hours after sunrise. Meanwhile, we may have already cooked and digested the meat of our sacrifice. Will this be in harmony with the actions of the pilgrims or in competition? There are also regions where Muslims will be preparing to sleep at night after completing their sacrifice, while the pilgrims may not have even departed from Muzdalifah yet. Similarly, the situation of our prayers is such that unity in timings is impossible. When the people of Hijaz perform the Dhuhr prayer, we are busy preparing for the Asr prayer. And when they perform Fajr, the sun has already risen significantly here.
It has been previously mentioned that the originator of this opinion is Allama Ahmad Shakir رحمه الله عليه. No reliable figure has supported him before or after, and the late scholar based his argument on one verse and one hadith, which are mentioned below:
❀Evidence from the Quran:
Allah, the Exalted, says:
﴿يَسْأَلُونَكَ عَنِ الْأَهِلَّةِ قُلْ هِيَ مَوَاقِيتُ لِلنَّاسِ وَالْحَجِّ﴾
"People ask you about the crescent moons. Say, 'They are for the people to determine time, especially for the pilgrimage.'"
Reference: (Al-Baqarah: 189)
Argument of Evidence: The late scholar writes that in this verse, Allah Almighty has guided people that the differences in the phases of the moon and its increase and decrease indicate the timings of all their affairs, particularly the specification of the days of Hajj. Thus, as I understand it, after the general mention, the specification of Hajj indicates that people should determine their timings from one place, namely the sacred site of Hajj in Makkah Mukarramah.
Reference: Awail al-Shuhur al-Arabiyyah p. 31.
However, this argument is questionable in several respects:
Firstly: This interpretation contradicts the interpretations of all past and present scholars of the Ummah. The essence of the statements of the scholars of Tafsir regarding this verse is that since Hajj is a pillar of Islam, knowing its timing is of great importance. And since the polytheists had innovated the practices of Nasi and Qabisa, altering the months and days of Hajj, they were warned that the innovation of Nasi and Qabisa regarding Hajj is not permissible; rather, the month of Dhul-Hijjah will be determined naturally.
Reference: (See: Tafsir al-Qurtubi vol. 2 p. 343 - Tafsir al-Shawkani vol. 1 p. 240)
Secondly: To say that the mention of Hajj in the verse is to connect the timing of Hajj with a specific location is a hidden point that requires clarification through some apparent evidence, whether from the statement of the Prophet ﷺ or from his actions, while both of these are absent. Even from the time of the Rightly Guided Caliphs until today, no scholar of the Ummah has linked the timing of Hajj with a specific location.
Reference: Ma'rifah Awqat al-Ibadat vol. 2 p. 54.
❀Evidence from Hadith:
الصوم يوم تصومون والفطر يوم تفطرون والأضحى يوم تضحون
"The day of fasting is the day when you all fast, and the day of iftar is the day when you all break your fast, and the day of sacrifice is the day when you all perform the sacrifice."
Reference: Sunan Abu Dawood: 2324, Sunan al-Tirmidhi: 697, Sunan Ibn Majah: 166, the narration of fasting is reported by Abu Huraira, and the wording is from Sunan al-Tirmidhi.
The translation of the hadith mentioned above is quite clear in its meaning and contains no ambiguity. However, the translation provided by one of our esteemed scholars is also being presented here; readers are requested to consider it as well and see whether it is a translation of the hadith or an interpretation and distortion. The respected scholar writes: The Messenger of Allah ﷺ addressed the people of Makkah, saying: Fasting will be prescribed on the day when you (O people of Makkah) begin to fast, and similarly, in the entire Islamic world, fasting will be broken on the day when you (O people of Makkah) conclude your fast. Furthermore, in the Islamic world, the sacrifice will take place on the day when you (from the 10th of Dhul-Hijjah to the last days of Tashreeq) perform the sacrifice.
Reference: (The sighting of the moon in Makkah, page 109)
I believe that this translation and explanation of the noble hadith is not an interpretation but rather a distortion. And Allah knows best.
Reason for the argument: The late scholar, after narrating this hadith, has devoted nearly three pages of his treatise to its scholarly examination, attempting to prove that the statement of the Messenger of Allah ﷺ was made during the Farewell Pilgrimage. Consequently, the late scholar writes:
"In these hadiths, the mention of fasting, sacrifice, and breaking the fast during the Farewell Pilgrimage indicates that fasting will be observed on the day when the people of Makkah fast, breaking the fast will occur on the day when the people of Makkah break their fast, and the stay at the plain of Arafah will be on the day when the people of Makkah stay there. Thus, these locations will be considered reliable for the establishment of the moon sighting, and it will be obligatory for Muslims to rely on the horizon of these places."
There are several objections to the late scholar's examination and commentary, which are not appropriate for a student like me to address. However, I request those with a research inclination to consider the late scholar's unique views regarding the criticism and authentication of the narrators, as his efforts in this regard have not proven to be very successful. For instance, in the examination of this hadith, he writes: والواقدي عندنا ثقة خلافا لمن ضعفه "Contrary to those who consider al-Waqidi weak, al-Waqidi is trustworthy in our view."
Reference: (Footnote, page 22)
However, the weakness of al-Waqidi, indeed his severe weakness, is an established matter in the science of criticism and authentication, to the extent that Imam al-Bukhari رحمه الله has declared him abandoned, and Imam al-Nasa'i رحمه الله has referred to him as (كان يضع الحديث). The summary of the statements of the early scholars is quoted by Hafiz al-Dhahabi in these words مجمع على تركه, and Hafiz Ibn Hajar writes: متروك مع سعة علمه،, meaning that despite being a scholar, he is abandoned.
Reference: (See: Al-Mughni, Volume 2, page 619 - Al-Taqreeb, page 882)
Several objections arise against the late scholar's argument:
Firstly: The late scholar's statement that (this address was for the people of Makkah or the people of Hajj) is unacceptable because the basis upon which the late scholar has related this hadith to Hajj and the days of Hajj is not correct. The late scholar's argument is based on the following hadith narrated in Sunan Abu Dawood with the chain of حماد بن زيد عن ايوب عن محمد بن المنكدر عن ابي هريرة, where the Messenger of Allah ﷺ said:
وفطركم يوم تفطرون وأضحاكم يوم تضحون وكل عرفة موقف وكل منى منحر وكل فجاج مكة منحر وكل جمع موقف
"Your day of breaking the fast is the day when you break your fast; your day of sacrifice is the day when you perform your sacrifice, and the entire plain of Arafah is a place of stay, and all the streets of Makkah are places of sacrifice, and the entire Muzdalifah is a place of stay."
Reference: Sunan Abu Dawood: 2324, Sunan al-Daraqutni 1 / 163 - Al-Sunan al-Kubra by al-Bayhaqi 4 / 251, narrated by Abu Huraira.
In the examination of this hadith, Al-Albani رحمه الله states:
فالسند صحيح لولا انه منقطع فان ابن المنكدر لم يسمع من ابي هريرة كما قال البزار وغيره
"If there were no interruption in this hadith, then this chain would be authentic because the hearing of Ibn al-Mundhir from Abu Hurairah رضي الله عنه is not established, as mentioned by Imam al-Bazzar and others."
Reference: (Al-Uluh al-Ghalil, vol. 4, p. 11.)
It should be clear that we have not declared the hadith weak, but rather the chain weak. In terms of the text, this hadith is authentic because all the sentences of this hadith are individually established through authentic chains,
Reference: See Al-Albani's Al-Uluh al-Ghalil, vol. 4, p. 11 and thereafter, and Al-Sahihah, no. 224.
The main point I want to make is that the chain upon which the late scholar based his argument regarding this incident being linked to the Farewell Pilgrimage is not correct.
It has become clear that the chain the late scholar wants to use to connect this incident to the Farewell Pilgrimage is not authentic. Therefore, until it is established that the statement of Allah's Messenger ﷺ was made during the Farewell Pilgrimage, one cannot base an argument on this narration.
Secondly: If it is accepted that this address of yours ﷺ was during the days of Hajj, then on what basis is it claimed that this address was only for the people of Makkah and not for the general Ummah? This statement is without evidence. If the interpretation of verses and hadiths is opened up in this manner, then everyone will interpret and explain as they wish; this is the principle of the Shia and other misguided sects.
Thirdly: If this address was specifically for the people of Makkah, then from where does the proof for the unity of sighting and the unity of fasting, etc., come? Rather, the apparent and clear meaning of the hadith is that Allah's Messenger ﷺ, taking advantage of this general gathering, addressed the entire Ummah, saying that every group and every place's people should not display mutual differences regarding their fasting and their Eid and sacrifice, as is seen today. Rather, wherever the testimony of the sighting of the moon is found, all the people there should observe fasting and celebrate Eid and sacrifice together without any differences or divisions.
Fourthly: Accepting Makkah as the center of sighting leads to a significant problem: some countries that are located to the west of Makkah, due to differences in longitude, may see the moon first. This means that the people there, despite seeing the moon, should not rely on their sighting. For instance, if it is the moon of Ramadan, they should not fast despite having seen the moon. Similarly, if it is the moon of Eid, they should not break their fast despite having seen the moon because the moon has not yet appeared in Makkah, even though the month of Shawwal has already begun for them. In this way, those people would commit two errors: first, they did not fast despite seeing the moon of Ramadan, and second, they did not break their fast despite seeing the moon of Eid. Such difficulties could also be faced by the people of the East, or it could be said that Muslims outside Makkah and its surroundings are not addressed by (صوموا لرؤيته وأفطروا لرؤيته), and if they inadvertently see the moon, they should immediately avert their gaze so as not to commit the sin of breaking the fast in Ramadan and fasting on the day of Eid.
Fifthly: This is a meaning that the Ummah has been unaware of for a complete fourteen centuries, or even more. This point has not been understood by any commentator, nor by any hadith scholar, nor by any jurist.
Now the question is, is this possible?
حاشا لله سبحانك هذا بهتان عظيم.
What is the meaning of this hadith?
This has been hinted at in the previous lines.
The scholars who advocate for this position have argued for the validity of their stance based on evidence and reasoning:
❀Evidence from Hadith:
The famous Tabi'i, Hazrat Kareeb ibn Abi Muslim, the freed slave of Abdullah ibn Abbas رضي الله عنه, narrates that Hazrat Umm al-Fadl bint al-Harith رضي الله عنها (the mother of Hazrat Abdullah ibn Abbas رضي الله عنهما) sent me to the land of Syria to Hazrat Muawiyah رضي الله عنه. I went to Syria and completed my task. While I was still in Syria, the moon of Ramadan was sighted. Thus, we saw the moon ourselves on Thursday. Later, at the end of the month, when I returned to Madinah Munawwarah, Hazrat Abdullah ibn Abbas رضي الله عنهما asked us when we had seen the moon. I replied that we had seen the moon on Thursday. Hazrat Abdullah ibn Abbas رضي الله عنهما asked again if we had seen the moon ourselves. I answered that yes, I had seen it, and others had also seen it, and accordingly, people observed the fast, and Hazrat Muawiyah رضي الله عنه also fasted. Hazrat Abdullah ibn Abbas رضي الله عنهما said: "But we saw the moon on Saturday night (Friday evening), so we will continue to fast until we complete thirty fasts or see the moon before that." Hazrat Kareeb رحمه الله عليه says that we asked: "Do you not accept the sighting and fasting of Hazrat Muawiyah رضي الله عنه?" Hazrat Abdullah ibn Abbas رضي الله عنهما replied: "No, (that is not the case), for Allah's Messenger ﷺ has commanded us thus."
Reference: Sahih Muslim: 1087, Al-Siyam - Musnad Ahmad: Vol 1, p. 306. Sunan Abu Dawood: 2332, Al-Sawm, Sunan al-Tirmidhi: 693, Al-Sawm - Sunan al-Nasa'i: Vol 4, p. 131.
This hadith is the clearest evidence against the lack of unity in moon sighting, as the great companion of the Messenger, Hazrat Abdullah ibn Abbas رضي الله عنهما, did not consider the sighting of the people of Syria valid for Hijaz, but rather rejected it by stating that Allah's Messenger ﷺ commanded us thus, meaning that the sighting in one place is not sufficient for all places.
Several objections have been raised against this evidence:
Firstly: What command of Allah's Messenger ﷺ is meant by Hazrat Abdullah ibn Abbas رضي الله عنهما's statement هكذا أمرنا رسول الله صلی اللہ علیہ وسلم?
This is a matter worth considering; did he have any specific أمر regarding this, or was he referring to the statement of Allah's Messenger ﷺ: صوموا لرؤيته وأفطروا لرؤيته فإن غم عليكم فأكملوا العدة ولا تستقبلوا الشهر استقبالا?
Reference: Muwatta Imam Malik: Vol 1, p. 387, Book of Fasting, Sunan Abu Dawood: 2327, Al-Sawm, Sunan al-Tirmidhi: 688, Al-Sawm.
If Hazrat Ibn Abbas رضي الله عنهما had any "Prophetic command," it should be known so that we can see how explicit it is in its meaning. If it refers to the mentioned text, then it is a general command that does not address any specific nation, country, or region, and therefore it is not a proof against the opponent. As for Hazrat Abdullah ibn Abbas رضي الله عنهما not accepting the sighting of the people of Syria, this is his ijtihad, which we are not obligated to follow.
Reference: This is a summary of Imam Shawkani's objection; see: Nail al-Awtar: 507, 506/2. Tuhfat al-Ahwazi 3 / 308, 309.
The response to this objection is that the context indicates that either Hazrat Ibn Abbas رضي الله عنهما had some explicit text, or he understood from the aforementioned command of the Prophet ﷺ that the people of each region are addressed by this Prophetic command in the same way as they are addressed regarding the times of prayer, that they should perform the Dhuhr prayer (for example) when the sun declines in their area, and similarly, they should fast when the month of Ramadan arrives. Thus, Sheikh al-Hadith Maulana Ubaidullah Rahmani Mubarakpuri رحمه الله عليه writes regarding this hadith:
وعندي أن كلام الشوكاني مبني على التحامل يرده ظاهر سياق الحديث، والشام من جهة الشمالية من المدينة المنورة مائلا إلى المشرق وبينهما قريب من سبعمائة ميل، فالظاهر أن ابن عباس إنما لم يعتمد على رؤية أهل الشام واعتبر اختلاف المطالع لأجل هذا البعد الشاسع.
"In my view, Imam Shawkani's statement is based on a forced interpretation, and the apparent context of the hadith refutes it. Syria is located northeast of Madinah Munawwarah and is 700 miles away, so it is evident that Hazrat Abdullah ibn Abbas رضي الله عنهما did not accept the sighting of the people of Syria due to the distance and the difference in horizons."
Reference: Mir'at al-Mafatih: Vol 4, p. 428.
The fact is that Damascus is located at 35 degrees longitude east, while Madinah Munawwarah is at 40 degrees longitude east, and there is a difference of 5 degrees between them, which allows for the possibility of differing horizons.Secondly: It should always be kept in mind that the companions رضي الله عنهم were directly addressed by the Noble Prophet ﷺ and had a better understanding of his address, especially a jurist companion like Hazrat Abdullah ibn Abbas رضي الله عنهما, concerning whom the Prophet ﷺ made a special supplication:
اللهم فقهه فى الدين وعلمه التأويل
"O Allah, grant him understanding of the religion and knowledge of interpretation."
Reference: Musnad Ahmad: Vol 1, p. 296.
This hadith is briefly mentioned in Sahih Bukhari and others. Moreover, it is noteworthy that at that time, many companions رضي الله عنهم were present in Madinah Munawwarah, but none of them contradicted Hazrat Abdullah ibn Abbas رضي الله عنهما.
Reference: Ma'rifah Awqat al-Ibadat: Vol 2, p. 36.
Therefore, it is not appropriate to reject the understanding of the majority of the companions رضي الله عنهم without any clear evidence. Furthermore, all the scholars who have narrated this hadith have supported the understanding of Hazrat Abdullah ibn Abbas رضي الله عنهما's jurisprudence, as will be mentioned in the following lines.
The second objection to this reasoning is that it is possible that Hazrat Abdullah ibn Abbas رضي الله عنهما did not accept the sighting of the people of Syria because it was a solitary report, and the testimony of a solitary report was not considered valid by him. Some have also said that it is possible that the sky was clear in Madinah Munawwarah at that time, and when the people of Madinah did not see the moon, in such a case, the testimony of one person regarding the sighting of the crescent is not valid. The response to this objection is that this is merely a claim, which has no evidence, as the hadith does not indicate this.
Some scholars have responded to this by saying that how can it be accepted that Hazrat Abdullah ibn Abbas رضي الله عنهما rejected Hazrat Kareeb's report simply because he was alone in reporting it, while it is narrated from him that a Bedouin came to the Messenger of Allah ﷺ and said: "I have seen the moon of Ramadan." The Prophet ﷺ asked: أتشهد أن لا إله إلا لله "Do you bear witness that there is no deity but Allah?" meaning, are you a Muslim? He replied: Yes. Then the Prophet ﷺ asked: أتشهد أن محمدا رسول الله "Do you bear witness that Muhammad is the Messenger of Allah?" He answered affirmatively. Upon hearing this, the Prophet ﷺ said: يا بلال أذن فى الناس أن يصوموا غدا "O Bilal! Announce to the people that they should fast tomorrow."
Reference: Sunan Abu Dawood: 234: Al-Sawm, Chapter 14 - Sunan al-Tirmidhi: 691, Al-Sawm - Sunan al-Nasa'i: 2114, Al-Siyam - Sunan Ibn Majah: 652, Al-Siyam.
The authenticity of this hadith is disputed among scholars.
Reference: (See Al-Majmu' by Nawawi 4 / 282, Mir'at: 6 / 448, 449 - Irwa al-Ghalil Vol 4, p. 16, 15)
Secondly: Hazrat Kareeb رحمه الله عليه was not alone in sighting the moon; rather, a large group of Muslims saw the moon with him, and the caliph of the Muslims and all the Muslims of Syria accepted this sighting as valid, as is evident from the words of the hadith.
Thirdly: Hazrat Kareeb رحمه الله عليه was not giving testimony about the moon; rather, he was reporting the sighting of the moon in a specific place.
And according to scholars, news and testimony are two different things; scholars accept news of a solitary report, but the issue of solitary testimony is a matter of contention.
Imam Abu Bakr ibn al-Arabi رحمه الله علیہ writes in Ahkam al-Quran that there is a difference of opinion regarding the interpretation of Hazrat Abdullah ibn Abbas رضي الله عنهما's statement هكذا أمرنا رسول الله صلى الله عليه وسلم; some say that since Hazrat Kareeb رحمه الله علیہ's report was a solitary report, it was rejected. Others say that since the horizons of both regions were different, the report was rejected, and this is the correct view, because Kareeb رحمه الله علیہ did not give testimony (that could be rejected due to being alone), but rather reported a ruling that had already been established as testimony, and there is no disagreement that if a ruling has been established based on testimony, then a solitary report is sufficient for it. The nature of this incident is that "in the Agmat region," the moon was sighted on Friday night, while in Seville, it was sighted on Saturday night, so each city will have its own sighting considered valid because the crescent may be seen in Agmat but not in Seville, which is evidence of differing horizons.
Reference: (Ahkam al-Quran: 84, 85)
Imam Nawawi رحمه الله علیہ writes in the explanation of this hadith: This hadith indicates that Hazrat Ibn Abbas رضي الله عنهما rejected Hazrat Kareeb رحمه الله علیہ's report solely because the sighting of the crescent would not be considered valid for distant countries.
Reference: (Sharh Sahih Muslim: 7/85, 84 - also see: Mir'at: 6/428 - Fatwas of Ahl al-Hadith: 2/310, 311)
Fourthly: When Hazrat Abdullah ibn Abbas رضي الله عنهما heard Hazrat Kareeb رحمه الله علیہ's report and did not accept the sighting of the people of Syria, he did not say that you are alone in reporting, or that the sky was clear here that day and despite our efforts, we did not see the moon, etc., but he merely rejected it by stating that Allah's Messenger ﷺ commanded us thus, meaning that we should not rely on distant sightings.
Reference: Ma'rifah Awqat al-Ibadat: Vol 2, pp. 44, 45.
❀Theoretical Evidence:
Those scholars who do not believe in the unity of sight present a rational impossibility, stating that if the unity of sight were necessary, then during the era of the Companions رضي الله عنہم and the subsequent periods, Muslim rulers and scholars would have informed the regions of the country about the sighting of the moon after it was confirmed at the center of the caliphate or elsewhere, and they would have made every effort to keep people united in fasting and Eid occasions. However, there is no evidence or incident found to support this. Fourteen centuries have passed since this religion began, yet there is no record from any century indicating that the Ummah was obligated to follow the sighting from a single location. During the time of the Prophet Muhammad ﷺ and the Rightly Guided Caliphs رضي الله عنہم, there was no incident where the day the people of Medina began fasting, the day the people of Hijaz celebrated Eid, and the day the people of Mecca and Medina performed sacrifice, other regions and cities of Muslims also observed Eid and sacrifice on the same day.
Reference: See: Al-‘Ilm Al-Manshur, page 29, Research of the Council of Senior Scholars: Volume 3, pages 33, 34.
If it is said that at that time, informing about the commencement of fasting was a difficult task, and therefore silence was maintained, then this clearly implies that the importance of the unity of sight is not as significant as it is being presented at this time. And Allah knows best.
First Opinion: The Validity of the Unity of Vision in Case of Consensus of the Horizon and the Invalidity of the Unity of Vision in Case of Disagreement of the Horizons:
The scholars who support this opinion base their argument on the Qur'an, Hadith, and analogy. It is noteworthy that the scholars who advocate for this opinion use almost the same arguments as those who support the unity of vision; however, there is a difference in the reasoning behind their arguments.
❀Argument from the Qur'an:
The command of Allah, the Exalted, is:
﴿فَمَنْ شَهِدَ مِنْكُمُ الشَّهْرَ فَلْيَصُمْهُ﴾
"Whoever witnesses the month among you, let him fast it."
Reference: (Al-Baqarah: 185)
Reason for evidence: The blessed verse makes the obligation of fasting contingent upon "witnessing the month," meaning the month of fasting is established based on the sighting of the crescent on the evening of the 29th of Sha'ban or the completion of thirty days, as stated in the noble Hadith that صوموا لرؤيته وأفطروا لرؤيته meaning "Fast when you see the crescent and break your fast when you see it."
Now, if a person lives in a place where, due to differences in visibility, neither the 29th of Sha'ban is observed nor is the sighting of the crescent possible, then the residents there have not witnessed the month of fasting at all. And when they have not witnessed the month of fasting, how can fasting be obligatory upon them?
Reference: Majmu' Fatawa wa Rasail Sheikh Ibn Uthaymeen: Vol 19, p. 45.
This argument is contested by stating that Allah, the Exalted, has made fasting in Ramadan obligatory upon all Muslims, and it has been established through the testimony of trustworthy individuals that this day marks the beginning of Ramadan. Therefore, fasting on this day has become obligatory for all Muslims, as the Shari'ah has not stipulated a separate sighting condition for each individual or for the people of each city.
Reference: Al-Mughni: Vol 4, p. 329.
The response to this objection is that in places where the visibility of the crescent differs from that of the sighting location, the month of Ramadan is neither established legally nor rationally, thus this ruling will not apply to them.
❀Evidence from Hadith:
① The Messenger of Allah ﷺ said:
الشهر تسع وعشرون ليلة فلا تصوموا حتى تروه فإن غم عليكم فأكملوا العدة ثلاثين
"The month can also be twenty-nine days, so do not fast until you see the moon, and if clouds obscure it, complete the count of thirty."
Reference: Sahih al-Bukhari: 1907, Al-Sawm - Sahih Muslim: 1080 Al-Sawm narrated by Ibn Umar, the wording is from Sahih al-Bukhari.
Reason for evidence: In this hadith and several similar hadiths (which have been mentioned earlier), the Messenger of Allah ﷺ has made fasting and breaking the fast conditional upon the sighting of the moon. Secondly, if the sighting of the moon cannot be established, he has commanded to complete thirty days. Therefore, wherever the sighting of the moon is genuinely or legally established (if it is the Ramadan moon), it will be obligatory for the people there to fast, or (if it is the Shawwal moon) to break the fast. It is scientifically agreed that it is not possible to sight the moon on the same day all over the world; rather, due to differences in observation, there can be a difference of one or two days, as is known from observation. Thus, if the sighting of the moon is established in one place and the horizon there is different from that of another place, it cannot be said that the sighting has also been established in that other place. Rather, the truth is that there is neither a genuine nor a legal sighting of the moon there, hence fasting and breaking the fast will not be obligatory upon them.
The same objection applies to this evidence as was raised against the previously mentioned evidence, that the command of the Messenger of Allah ﷺ is general; he did not address any specific people but made the command conditional upon sighting the moon. Therefore, wherever the moon is sighted in any part of the world, it must be acted upon, provided that the news reaches through credible sources.
The response to this objection is the same as previously given, that this command is for all those who reside within the limits of a unified horizon, and for those who are outside the limits of the horizon, it cannot be said that they have genuinely or legally seen the moon.
Reference: For details, see: Majmu' Fatawa Sheikh Ibn Uthaymeen, Vol. 19, Question Numbers 15, 16, 17, 18.
② The Messenger of Allah ﷺ said:
لا تقدموا الشهر حتى تروا الهلال أو تكملوا العدة ثم صوموا حتى تروا الهلال أو تكملوا العدة
"Do not anticipate the month before seeing the moon (or do not regard the month before its time); complete the count and then fast until you see the moon or complete the count."
Reference: Sunan Abu Dawood: 2326, Al-Sawm - Sunan al-Nasa'i: 2126 Al-Sawm - Sahih Ibn Khuzaymah: 3/1911 p. 203 narrated by Hudhayfah. In this meaning, there is also a hadith of Abdullah ibn Abbas رضي الله عنها, see Sunan Abu Dawood: 2327, Al-Sawm, Sunan al-Nasa'i: 2130, Al-Sawm: Sahih Ibn Khuzaymah: Vol. 3 p. 203.
Reason for evidence: The reason for evidence from this hadith is that the obligation of fasting is conditioned upon the sighting of the moon, and it is also a condition that fasting should not be observed before the month of Ramadan begins. Similarly, for breaking the fast, it is also a condition that the month of Ramadan should have passed. Now, if the difference in horizons, which is not only a scientific fact but also an obvious matter, is not considered effective, it will lead to the problem that in some regions of the world, fasting was observed before the beginning of Ramadan and breaking the fast occurred before Ramadan was completed.
❀Evidence from Analogy:
The scholars who advocate for the differences in horizons also present a rational argument. They state that it is evident to everyone that the dawn rises in the eastern regions of the earth before it does in the western regions. In other words, dawn occurs in the eastern areas while it is still night here. Similarly, the sun sets in the east before it sets here, even though part of the day remains for us. So, if a large group of Muslims in the east experiences dawn, which makes eating and drinking forbidden for those who are fasting, does this mean that eating and drinking has also become forbidden for us? Likewise, when the sun sets in our east, does it become permissible for us to break our fast, even though it is still the time for Asr here? Certainly, the answer would be no. The moon is similar to the sun because the moon indicates the timing of the month, while the sun indicates the timing of the day. The One who stated:
﴿وَكُلُوا وَاشْرَبُوا حَتَّى يَتَبَيَّنَ لَكُمُ الْخَيْطُ الْأَبْيَضُ مِنَ الْخَيْطِ الْأَسْوَدِ مِنَ الْفَجْرِ﴾
Reference: (Surah Al-Baqarah: 187)
and said:
﴿ثُمَّ أَتِمُّوا الصِّيَامَ إِلَى اللَّيْلِ﴾
Reference: (Surah Al-Baqarah: 187)
is the same One who also stated:
﴿فَمَنْ شَهِدَ مِنْكُمُ الشَّهْرَ فَلْيَصُمْهُ﴾
Reference: (Surah Al-Baqarah: 185)
Reference: Majmu' Fatawa Sheikh Ibn Uthaymeen: Vol. 19, p. 48.
An objection to this argument is that there is a general text regarding fasting and breaking the fast that states (صوموا لرؤيته), (وأفطروا لرؤيته), and when the sighting of the moon is confirmed by one individual or a group, the obligation is also established, unlike the times of Zawal and Ghuroob, where no general ruling is suspended merely based on their names in any legal text.
Reference: Fath al-Qadeer: Vol. 2, p. 312, Tanbeeh al-Ghafl wal-Wasnan, p. 108.
However, the response to this objection is that some legal texts link certain acts of worship to the movement of the sun. For instance, Allah the Almighty says:
﴿أَقِمِ الصَّلَاةَ لِدُلُوكِ الشَّمْسِ إِلَى غَسَقِ اللَّيْلِ وَقُرْآنَ الْفَجْرِ﴾
"Establish prayer from the decline of the sun until the darkness of the night and the recitation of the Qur'an at dawn."
Reference: Ma'rifah Awqat al-Ibadat: Vol. 2, p. 47.
Another objection to this argument is that there is a difference between obligation and the performance of obligation; the performance of obligation is affected by the horizon and time. However, the time of obligation is not affected. For example, the Friday prayer is performed on Friday itself and is observed on that day worldwide, although it may vary in timing due to the differences in sunrise and sunset. Similarly, fasting is obligatory for all Muslims on the same day, and the day of Eid is the same for all Muslims, although the performance may vary due to the movement of the sun and the differences in regions.
Reference: Jareeda Tarjumaan: Vol. 2, Issue: 40 - 41, p. 14.
The response to this objection can be that the core issue is the time of obligation, meaning that the obligation of fasting will occur when the moon of Ramadan is actually or legally sighted, or when thirty days of Sha'ban are completed. Likewise, the day of Eid will be when the first of Shawwal occurs. Therefore, when the month of Ramadan has not entered either legally or actually, the question of the time of obligation does not arise. However, in regions where the horizon is the same, the difference between obligation and performance can be acceptable.
Second Opinion: The sighting of the moon will be considered within the boundaries of the area where it can be said that if there were no obstruction such as clouds or dust, the moon would certainly have been visible here:
In my understanding, this opinion is quite close to the previously mentioned opinion, meaning that in the case of differing horizons, the unity of sighting will not be acknowledged, and in the case of a unified horizon, the unity of sighting will be accepted. Both opinions convey the same meaning; the only difference is in expression. Perhaps this is why Allama Subki رحمه الله علیہ deemed it better. He writes:
اعتبار كل بلد لا يتصوره خفاؤه عنهم جيد.
Reference: Al-‘Ilm al-Manshur: p. 29.
However, it should be clear that this is not a rule that can be imposed on people. And Allah knows best.
Third Opinion: Considering the sighting of the moon up to the distance of Qasr from the place of sighting:
The evidence for this statement is that since there is no specification in Shari'ah regarding the distance for the sighting of the moon, and how far it is considered valid, accepting the differences in horizons essentially acknowledges the views of astronomers and mathematicians. However, accepting the views of astronomers is prohibited in Shari'ah. Therefore, the consideration of the distance for shortening (Qasr) is necessary because Shari'ah has linked certain acts of worship to the distance for shortening, such as shortening the prayer and allowing iftar, etc.
Reference: Al-Majmu': Vol. 6, p. 237 - Ma'rifah Awqat al-Ibadat: Vol. 3, p. 52 - Al-'Ilm al-Manshur, p. 28.
An objection to this evidence is raised as follows:
Firstly: According to Shari'ah, there is no specification regarding the distance for shortening. Therefore, the opinions of scholars on this matter vary, to the extent that some consider shortening permissible at a distance of nine miles, and even according to the apparent view, shortening is permissible at a distance of three miles, while no one can claim that the sighting will not be considered after every three or nine miles.
Secondly: The sciences of astronomy and the science of celestial bodies are two distinct fields, and the astronomer whose views are prohibited from being accepted and acted upon is entirely different from the modern science of celestial bodies. In fact, it can be said that in contemporary times, the differences in horizons have become a scientific reality, which is not related to the distance for shortening
Reference: (Majmu' al-Fatawa: Vol. 35, p. 104)
, but rather pertains to the length and breadth of the earth, the details of which have been discussed earlier, because sometimes there can be a distance for shortening between two cities, but there will be no difference in horizons, as both are located on the same longitude, such as Riyadh and Moscow.
Reference: Ma'rifah Awqat al-Ibadat: Vol. 2, pp. 53, 52
Thirdly: The scholars of the Shafi'i school themselves have deemed it weak. Thus, Allama Subki رحمه الله عليه writes:
و اعتبار مسافة القصر فى المحل ضعيف .
"That is, the consideration of the distance for shortening for the unity of the moon sighting is weak."
Reference: Al-'Ilm al-Manshur, p. 29, Al-Majmu': Vol. 6, p. 337.
Fourth Statement: Wherever the sighting occurs in a region or administrative province, it will suffice for the entire region.
The evidence for this statement is derived from the previously mentioned hadith narrated by Abdullah ibn Abbas رضي الله عنهما.
The reasoning is that since Syria was one region (administrative province) and Hijaz was another region (administrative province), Abdullah ibn Abbas رضي الله عنهما did not accept the sighting from the region of Syria.
Reference: Irshad Ahl al-Millah p. 278 - Ma'rifat al-Waqat al-Ibadat: vol. 2 p. 53.
The objection to this argument is that:
Firstly: It is debatable what the boundaries of a region are.
Reference: Majmu' al-Fatawa: vol. 35 p. 104.
Determining this accurately is very difficult, and as long as something cannot be accurately defined, how can a ruling be based on it?
Secondly: It has been practically established today that the differences and agreements in sighting are not related to the region at all, but rather to the latitude and longitude of the land.
Thirdly: When Abdullah ibn Abbas رضي الله عنهما rejected the report of Al-Kareeb رحمه الله عليه, he did not say that the sighting from Syria was not accepted because it is a different region from Hijaz.
This is why Allama Subki رحمه الله عليه has also deemed this statement weak.
Reference: Al-Ilm al-Manshur: p. 29
Fifth Statement: The Vision of Countries Under the Governance of One Imam Will Be Counted as One
The scholars who advocate this statement do not have any Shari'ah evidence; however, they claim that all the cities under the control of an Imam are like one city for the Imam, because his command is applicable throughout the country.
Reference: (Al-Kafi li Ibn Abd al-Barr: Vol. 1, p. 435; Tahrir al-Tanbih: Vol. 4, pp. 116, 117)
This statement is quite close to the fourth opinion, perhaps that is why Allama Subki رحمه الله علیہ did not mention it. And Allah knows best. There are several objections to this reasoning:
Firstly: There is no Shari'ah evidence for this reasoning.
Secondly: When حضرت عبد اللہ بن عباس رضي الله عنہما rejected the report of حضرت کریب رحمہ اللہ علیہ, the province of Hijaz was under the central government of Syria because the Caliph of the Muslims, حضرت معاویہ رضی اللہ عنہ, was the Imam. However, neither حضرت معاویہ رضی اللہ عنہ wrote to the people of Medina, nor did حضرت عبد اللہ بن عباس رضي الله عنہما rely on the sighting of the people of Syria.
Thirdly: Throughout Islamic history, there is no evidence that the Rightly Guided Caliphs رضي الله عنہم or the kings who came later made people dependent on the sighting from the center of the Caliphate or any other place in the country.
Fourthly: When the land of the same country has large boundaries, there can be differences in sighting, as has been observed.
This is currently being practiced in the Kingdom of Saudi Arabia; although this statement is weak as evidence, it is strong in terms of social cohesion.
Reference: Al-Sharh al-Mumti: Vol. 6, p. 323
Therefore, if someone lives in a country where this statement is being practiced, it is not appropriate to oppose it.
The Sixth Statement: Distinguishing Between the Times of Prayer and the Differences in Vision
That is, if there is such a distance between two cities that when it is the time for Zuhr prayer in one city, the time for Asr or Maghrib prayer has already entered in the other city, then a difference in sighting will be acknowledged between such two cities. This fatwa has been given by Allama Waqt Abu Sa'id Sharaf al-Din Muhaddith Dehlawi رحمه الله and the well-known fatwa writer of the magazine Al-I'tisam in Pakistan, Sheikh al-Hadith Maulana Hafiz Sanaullah Madani.
Reference: (Al-I'tisam, Volume 47, Issue 3)
Some ancient jurists have also mentioned this, but at the time of writing, the name of that book is not in my mind. This statement is not actually an independent opinion but rather a description of the limits of differences in sighting, meaning if there is such a distance between two cities that at one city the time for one prayer is present and in the other city the time for another prayer, then there can be a difference in the horizon; otherwise, there is not. There is also a similar opinion among jurists that if the distance between two cities is equivalent to a month's journey, then a difference in the horizon will be acknowledged; otherwise, it will not.
Reference: Al-Ma'ra'ah: Vol 6, pp. 436, 437 - Tanbih al-Ghafil wal-Wasnan: p. 105.
The objection to this statement is that there is no evidence for it; the difference in horizons is not related to distance but rather to the length and breadth of the land. As has been detailed under the title of differences in horizons.
ابو ہریرہ رضي الله عنه سے روایت ہے کہ رسول اللہ ﷺ نے فرمایا:
“جب اللہ تعالیٰ نے مجھے نبی بنا کر بھیجا تو میں نے ایک رات میں بُتوں کی طرف جانے والے راستے پر ایک شخص کو دیکھا، اور میں نے اس سے کہا: 'کیا تم نے مجھے دیکھا؟' اس نے کہا: 'نہیں، میں نے تمہیں نہیں دیکھا۔' پھر میں نے کہا: 'میں نے تمہیں دیکھا۔'”
Reference: Sahih al-Bukhari, Book of Prophets, Hadith 3445.
یہ حدیث اس بات کی دلیل ہے کہ ایک ہی رات میں خبر پہنچنے کی مسافت کو اصول بنایا جا سکتا ہے۔
If there is a legal proof of moon sighting in a certain place, then the sighting will be considered valid for as far as news can be conveyed throughout the night in all directions, but not beyond that.
Reference: Al-Sharh al-Mumti: Vol. 6, p. 323.
The apparent purpose of this statement is to understand that since fasting is based on the moon sighting, the sighting of that area will be considered valid as far as news can reach before the time for fasting begins, because if the news cannot be conveyed before the fasting starts, then this sighting will have no practical benefit.
Perhaps this statement summarizes the view of Shaykh al-Islam Imam Ibn Taymiyyah رحمه الله عليه, which is:
والأشبه أنه إن رؤي بمكان قريب وهو ما يمكن أن يبلغهم خبره فى اليوم الأول فهو كما لو رؤي فى بلدهم ولم يبلغهم.
"The more correct opinion is that if the moon is sighted in a nearby city from which news can be conveyed on the first day, then it is as if it has been sighted in that city where the news could not reach."
Reference: Majmu' al-Fatawa: Vol. 25, p. 106.
This reasoning faces the objection that:
Firstly: This was at a time when means of communication were natural and ordinary, and the fast and electric means like today had not yet been invented, so this statement is not a rule.
Secondly: There is no evidence from the Qur'an, Hadith, or the sayings of the righteous predecessors to support this.
Thirdly: In the books of history and biographies, there is no record that the Muslim caliphs continued to send news of the moon sighting in this manner.
The article under discussion addresses two specific topics:
① The evidence of lunar months through astronomical science or sighting?
② Unity of sighting for the entire Islamic world or difference in sighting?
Regarding the first topic, based on the texts of the Quran and Hadith and the opinions of the esteemed scholars in light of their interpretation and explanation, it has been conclusively shown that for the establishment of lunar months, the sighting of the moon or the completion of thirty days is necessary. The consensus of the scholars whose opinions have been respected until today is that reliance on astronomical calculations is not permissible in this matter. As for the statement of Allama Ahmad Shakir رحمه الله علیہ and his companions that it is obligatory for Muslims to accept the beginning of the lunar month based on astronomical science, this is a statement that no religious scholar has made before them. The truth is that upon a thorough examination of the statements of the late Allama, it becomes clear that he has also retracted this statement.
As for the second topic, a comparison of the arguments for both unity of sighting and lack of unity of sighting leads to the conclusion that for unity of sighting, agreement on the horizon is a condition, and in the case of differing horizons, people in each region should rely on their own sighting. This opinion appears to be strong in light of rational and textual evidence.
According to my study of the article, this is the position of a large majority of scholars and jurists, and indeed, Hafiz Ibn Abd al-Barr, Allama Ibn Rushd, and Ibn Juzayy al-Kalbi have reported the consensus of scholars on this matter. However, since generally, jurists and some contemporary authors claim that this opinion is contrary to the opinion of the majority of scholars, it would not be inappropriate to write a few points related to this.
Firstly: It is not necessary that the opinion of the majority of scholars is closer to the truth and stronger in terms of evidence, as is not hidden from those working in the academic world. Thus, in later times, the scholars of Hadith have opposed the majority of scholars on several issues based on strong evidence, such as the issue of three divorces and twenty rakats of Taraweeh, etc. My writing does not mean that I do not give importance to the majority opinion; rather, as a student, my experience is that generally challenging the position of the majority is not an easy task, and lesser scholars and students should not challenge the opinion of the majority without careful consideration. However, where the evidence is as clear as daylight, the strength of the evidence should be acknowledged rather than the majority opinion.
Secondly: Many authors, when they say that this is the position of the majority or that there is consensus on it, sometimes show a bias towards their own opinion. It happens that when a jurist or scholar states a matter as the opinion of the majority based on their research and knowledge, later scholars accept this transmission without any investigation, whereas upon investigation, it becomes clear that either the use of the term "majority" is incorrect here, or it refers to the majority of the jurists who follow the four Imams (not the majority of scholars or Hadith scholars).
Let us take the topic under discussion, where proponents of unity of sighting assert strongly that the majority of scholars or jurists and Hadith scholars are in favor of unity of sighting, whereas upon examining this issue critically, it becomes evident that this claim is not correct. However, it is accurate to say that if not all, then the majority of Hadith scholars are in favor of the lack of unity of sighting, as can be discerned from a cursory glance at the Hadith literature.
A close example of this is that
Reference: (Journal Tarjuman Delhi, Volume 22, Issue 40-41, pp. 13-14)
published an article titled "The Sighting of the Moon in One Country." It later became known that the esteemed author of the article also wrote a pamphlet on this subject, reiterating the same points. The esteemed author emphasized in his article that this is the opinion of the majority of jurists and Hadith scholars, and even went so far as to label his opponent as obstinate. لا حول ولا قوة إلا بالله However, this article is either not the author's own personal research (and unfortunately, this issue is becoming increasingly prevalent among some authors and article writers) or they have not fulfilled the rights of scholarly research, which can be inferred from the following points. He writes:"The following scholars and jurists and Hadith scholars have come forward in support of the aforementioned article."
① The majority of jurists and Hadith scholars have gone towards the view that .... etc.
How much truth this statement holds has already been mentioned above.
② The author mentioned the second name of Shah Waliullah al-Dihlawi, stating that according to the reference from al-Mas'ul Sharh al-Muwatta, Imam Shafi'i رحمه الله علیہ considers the sighting of the moon only valid in the country where the moon is sighted and its neighboring countries, while Imam Abu Hanifah رحمه الله علیہ believes that the sighting of the moon in one country should be accepted in all other countries.
Now the question arises, how can Shah Sahib's position be known merely by quoting both opinions? Because there is no indication in Shah Sahib's text that favors one opinion over the other.
③ The third name mentioned by the author is that of Imam Ibn Taymiyyah رحمه الله علیہ, and he quotes a vague statement from Majmu' Fatawa as evidence, while Shaykh al-Islam always supports the idea of differing horizons and their validity. He writes in الاختيارات الفقهية:
تختلف المطالع باتفاق أهل المعرفة بهذا، فإن اتفقت لزم الصوم والا فلا وهو الأصح للشافعية وقول فى مذهب أحمد
That is, the scholars knowledgeable in astronomy agree that differing horizons is a reality; therefore, if the horizon is the same, fasting will be obligatory; otherwise, it will not be. This is the correct opinion of the Shafi'i school, and there is also a supporting opinion in the school of Imam Ahmad.
Reference: (p. 106)
④ The author mentioned the fourth name of Imam al-Shawkani, and he is correct in this.
⑤ The author mentioned the fifth name of Nawab Siddiq Hasan Khan, which raises two objections:
Firstly: The statement quoted from الروضة الندية is not the statement of Nawab Sahib but rather that of Imam al-Shawkani, which Nawab Sahib is explaining.
Secondly: In the mentioned book, Nawab Sahib's inclination apparently seems to be towards unity of sighting, but upon examining his other work, Fath al-'Alam (which was written after al-Rawdah al-Nadiyyah, see
Reference: Introduction to Fath al-'Alam 8/1
), it becomes evident that Nawab Sahib does not support unity of sighting, as he writes: وفى المسألة اقوال ليس على أحدها دليل ناهض والأقرب لزوم أهل بلد الرؤية وما يتصل بها من الجهات التى على سمتها
Reference: (690/2)
. This statement of Nawab Sahib indicates that he is in favor of differing horizons and their validity.⑥ The author mentioned the sixth name of Allama al-Albani, and he is correct in this.
⑦ The author mentioned the seventh name of Allama Qasim Sheikh Muhammad bin Saleh al-Uthaymeen, and I wish he had not done so. The author writes: Sheikh Muhammad bin Uthaymeen, the Mufti of the Kingdom of Saudi Arabia, issued a fatwa in his book ”مجالس شهر رمضان“ in Arabic,
Reference: p. 14
, which is translated in Mukhtasar Majalis Ramadan
Reference: p. 12
: Furthermore, after the sighting of Ramadan is confirmed, the horizon will not be taken into account because the ruling is based on sighting, not on differing horizons.You ﷺ said: "Fast when you see the moon and break your fast when you see the moon."
The author has also quoted this statement in his book "The Sighting of Makkah Mukarramah," and unfortunately, he has also included the Arabic text there.
There are several observations on this statement of the author, but for brevity, I will refrain from addressing all of them and will only draw attention to the error in translation. First, let us present Sheikh Ibn Uthaymeen's رحمه الله Arabic text to the readers:
The late Allama is discussing in this context that the ruling for the entrance of Ramadan will be established by two things: ① sighting the moon. ② Completing thirty days of Sha'ban.
After discussing the conditions for the proof of the sighting of the moon, the responsibilities of the observer, and the obligation to act according to the announcement of the moon's sighting by the government, he writes:
واذا ثبت دخول الشهر ثبوتا شرعيا فلا عبرة بمنازل القمر لأن النبى صلى الله عليه وسلم علق الحكم بروية الهلال لا بمنازله فقال صلى الله عليه وسلم :
إذا رأيتم الهلال فصوموا وإذا رأيتموه فأفطروا.
And when the legal proof of the entrance of the month of Ramadan is established, the phases of the moon will have no bearing because the Messenger of Allah ﷺ has made the entrance of the month contingent upon the sighting of the moon, not upon the phases of the moon. Thus, the saying of the Prophet ﷺ is: إذا رأيتم الهلال فصوموا وإذا رأيتموه فأفطروا.
Reference: (Majalis Shahr Ramadan, p. 14)
"When you see the moon, then fast, and when you see it, then break your fast."
In my understanding, the late scholar is writing this in response to those who do not rely on moon sighting but instead depend on astronomical calculations.
However, it is noteworthy that the esteemed scholar has completely misinterpreted the meaning of Sheikh رحمه الله's statement. Sheikh Ibn Uthaymeen رحمه الله writes that "Mansil al-Qamar" has no validity, which the author has translated as "the sighting will not be valid."
Moreover, Sheikh Ibn Uthaymeen رحمه الله states that علق الحكم بروية الهلال لا بمنازله meaning that the Shari'ah has made the entry of the month contingent upon moon sighting, not on "Mansil al-Qamar." The author has translated this statement as: "The ruling is dependent on sighting, not on the difference of horizons," which indicates a mistake in translating "Mansil" as "horizons," whereas these are two entirely different concepts.
Secondly, the term "difference" is being added to support a particular argument.
This translation error seems to be a result of the author's haste or reliance on someone else's translation. It is worth noting that the respected author has listed seven names in support of his argument, of which he is only justified in mentioning two, yet he boldly claims that some scholars stubbornly assert... etc. سبحانك هذا بهتان عظيم.
Thus, the narration of Abdullah ibn Abbas رضي الله عنهما, which is used to argue that "unity of sighting" is insufficient, has been cited by all the hadith scholars who have narrated this hadith, and they have all made the same argument that the sighting of one place is not valid for another place.
◈For Example:
① Imam Abu Abdullah Muhammad ibn Isa al-Tirmidhi رحمه الله establishes a chapter in his Sunan:
باب ما جاء لكل أهل بلد رؤيتهم.
"Chapter on the statement that the people of each city should rely on their own sighting."
In this chapter, Imam Tirmidhi رحمه الله has narrated the same hadith of Hazrat Kharib from Ibn Abbas that has been mentioned earlier.
Reference: Sunan al-Tirmidhi 76/3 - Book of Fasting: 9.
Imam Tirmidhi رحمه الله further writes:
حديث ابن عباس حديث حسن صحيح غريب والعمل على هذا الحديث عند أهل العلم أن لكل بلد رؤيتهم.
(Imam Tirmidhi رحمه الله's statement indicates that until his time, there was no disagreement among scholars on this matter, and if there was, it was not significant. And Allah knows best.)
"The hadith of Abdullah ibn Abbas رضي الله عنهما is Hasan Sahih Gharib, and the scholars have acted upon this hadith that each country has its own sighting."
② Another author of the Sunan al-Arba'a, Imam Abu Abdur Rahman al-Nasa'i رحمه الله, establishes a chapter in his book al-Sunan al-Kubra and al-Jami' (السنن الصغريٰ) regarding the hadith of Ibn Abbas رضي الله عنهما:
باب اختلاف أهل الآفاق فى الرؤية
Reference: Al-Sunan al-Kubra 67/2, and Sunan al-Nasa'i 16/3 Chapter: 5.
A discussion on the disagreement of the people of different regions regarding the sighting of the crescent.
③ The third author of the Sunan al-Arba'a, Imam Abu Dawood رحمه الله, establishes a chapter for the same hadith of Ibn Abbas رضي الله عنهما:
باب اذا رؤى الهلال فى بلد قبل الآخرين بليلة (اى فما الحكم؟).
Reference: Sunan Abu Dawood - Chapters of Fasting - Chapter: 9.
"This chapter discusses what the ruling is if the moon is sighted in one country before another."
④ The famous Imam Muhammad ibn Ishaq ibn Khuzaymah رحمه الله, who compiled authentic hadiths, establishes this chapter in his Sahih:
باب الدليل على أن الواجب على أهل كل بلدة صيام رمضان لرؤيتهم لا لرؤية غيرهم
"This ruling is evidence that it is obligatory for the people of each country to fast based on their own sighting, not on the sighting of others."
He then narrates the same hadith of Ibn Abbas رضي الله عنهما that is being discussed.
Reference: Sahih Ibn Khuzaymah 3/205.
⑤ Hafiz Abdul Azim al-Mundhiri رحمه الله, in his summary of "Sahih Muslim," establishes a chapter for the hadith of Ibn Abbas رضي الله عنهما as follows:
باب لكل بلد رؤيتهم
Reference: Mukhtasar Sahih Muslim p. 156, verified by Al-Albani
⑥ Imam Nawawi رحمه الله also established this chapter for the hadith (of Ibn Abbas رضي الله عنهما) when he commented on Sahih Muslim:
باب بيان أن لكل بلد رؤيتهم وأنهم اذا رأوا الهلال ببلد لا يثبت حكمه لما بعد عنهم
Reference: Sharh Sahih Muslim 197/7
"Chapter on the statement that each country has its own sighting, and if the moon is sighted in one city, this ruling will not be established for distant countries."
⑦ More than one author has attributed to Imam Bukhari رحمه الله that:
باب البخاري: باب لكل بلد رؤيتهم
[Imam al-Qurtubi 471 - Tafsir al-Qurtubi 756/2, Hafiz al-Subki 756, Al-'Ilm al-Manshur p. 28, and the jurist al-Qarafi 684 AH al-Dhakheerah 491/2] It is noted that this chapter is not present in the current edition of Sahih al-Bukhari; it is unclear whether this is due to differences in manuscripts or an oversight by these scholars. And Allah knows best.
⑧ Imam Majd al-Din Ibn Taymiyyah رحمه الله establishes a chapter for the hadith of Ibn Abbas رضي الله عنهما in his famous book ”منتقى الأخبار“:
باب الهلال اذا رأوه اهل بلد هل يلزم بقية البلاد الصوم؟
Reference: Muntakhab al-Akhbar 2 / 162
"Chapter on whether the people of one city who sight the moon will obligate the remaining cities to fast."
⑨ The famous hadith scholar Imam Ibn Shirazi رحمه الله establishes this chapter for the hadith of Ibn Abbas رضي الله عنهما in his famous book ”جامع الاصول فى احاديث الرسول“:
باب اختلاف البلد فى الرؤية
Reference: Jami' al-Usul 6 / 325.
"Disagreement in the sighting of the moon among cities."
⑩ Finally, those who should actually come first, Imam Bukhari رحمه الله and Muslim رحمه الله's teacher, Imam Abu Bakr Abdullah ibn Abi Shaybah رحمه الله, establishes this chapter in his book ”المصنف فى الاحاديث والاثار“:
في القوم يرون الهلال ولا يرونه الآخرون
He then narrates a report from Abdullah ibn Sa'id in these words:
ذكروا بالمدينة رؤية الهلال وقالوا: ان اهل استارة قد راوه، فقال القاسم وسالم: مالنا ولأهله استارة
Reference: Al-Musannaf 329/2
"In Medina, it was reported that the people of Istara had sighted the moon, so Qasim ibn Muhammad and Salim ibn Abdullah said, 'What concern do we have with Istara?'"
This brief overview of hadith literature indicates that the opinion of the hadith scholars on the issue at hand is quite clear and unequivocal that each region will have its own sighting of the crescent, and those in the area where the moon is sighted will be obligated. In contrast, I do not recall any hadith scholar establishing a chapter stating that:
In this regard, the sighting of one place is sufficient for the entire Muslim world. This indicates that the unity of sighting for the entire world cannot be the position of the majority of hadith scholars or the majority of scholars; rather, if it is said that it is the opinion of the majority of the four schools of jurisprudence, then this could be somewhat worthy of consideration.
Thirdly: The current understanding in which the unity of sighting is being declared as the opinion of the majority is also questionable, because to my knowledge, this general ruling that whether there is a difference in horizons or not, whether it is far or very far, whether in the far east or far west, to consider the sighting of one place sufficient for everywhere and to attribute it to the majority of jurists without any condition is questionable, because many jurists who are proponents of this view or to whom the opinion of unity of sighting is attributed have also explicitly stated that this unity does not refer to areas that are far and very far apart.
Below, we will quote the opinions of several Maliki jurists, and those who require further details can refer to the pamphlet of the esteemed Sheikh Allama Abdullah ibn Hamid رحمه الله (former head of the affairs of the Two Holy Mosques and president of the Supreme Judicial Council of Saudi Arabia and father of Dr. Sheikh Saleh ibn Abdullah ibn Hamid) (تبيان الأدلة فى اثبات الأهلة).
(Allama رحمه الله has extensively proven the invalidity of the unity of sighting in this pamphlet through both narration and reasoning.)
① The famous hadith and jurisprudence scholar Hafiz Ibn Abd al-Barr رحمه الله writes in his famous book ”الاستذكار“:
قد أجمعوا أن لا تراعي الرؤية فيما أخر من البلدان كالأندلس من خرسان وكذلك كل بلد له رؤية الا ما كان كالمصر الكبير وما تقاربت أقطاره من بلاد المسلمين.
Reference: Al-Istidhkar 10/30.
"The scholars have consensus that the sighting from distant cities like Andalusia to Khurasan will not be considered, similarly for every city whose sighting differs. However, for one large city and two cities whose sighting is the same, their sighting will be considered."
Yet, this same Imam Ibn Abd al-Barr رحمه الله writes in his other book ”الكافي فى فقه اهل المدينة“:
اذا رؤي الهلال فى مدينة أو بلد رؤية ظاهرة او ثبتت رؤيته بشهادة قاطعة ثم نقل ذلك عنهم الى غير هم بشهادة شاهدين لزمهم الصوم ولم يجزلهم الافطار.
Reference: Al-Kafi 1/334 - 335.
"When there is clear evidence of the sighting of the crescent in a city or country, and this news reaches others through two witnesses, then it will be obligatory for them to fast, and it will not be permissible for them to break their fast."
Despite this, claiming consensus indicates that some scholars and jurists who have said that the sighting of one place is sufficient for everywhere, near and far, does not mean that this distance refers to the kind of distance that causes a difference in horizons, but only allows for the possibility that the sighting of the moon can be accepted for cities located at the same longitude.
② Another Maliki Imam, Ibn Juzay al-Kalbi رحمه الله, writes:
اذا رآه أهـل بـلـد لزم الحكم غيرهم من أهل البلدان ، وفاقا للشافعي خلافا لابن الماجشون ولا يلزم البلاد البعيدة كالاندلس والحجاز اجماعا.
Reference: Al-Qawa'id al-Fiqhiyyah p. 79.
"When the people of one city sight the moon, this ruling will apply to all cities, in agreement with Imam Shafi'i رحمه الله and in opposition to Ibn Majshun; however, this ruling will not apply to very distant cities like Andalusia and Hijaz, and this is agreed upon."
③ A third Maliki scholar and jurist, Imam Ibn Rushd رحمه الله, writes in his famous book بداية المجتهد:
واجمعوا انه لا يراعى ذالك فى البلدان النائية كالاندلس والحجاز.
"The scholars have consensus that this ruling will not apply to very distant cities like Andalusia and Hijaz."
Reference: Bidayat al-Mujtahid 2/563.
④ Another Maliki jurist, Muhammad al-Dasouqi, who passed away in 1230 AH, also acknowledged that regarding the sighting of the crescent, the jurists who have said that the sighting of one place is sufficient for everywhere, near and far, do not mean very distant cities.
Reference: Hashiyat al-Dasouqi 'ala al-Sharh al-Kabir 2/131.
⑤ Similarly, ”موسوعة الفقه المالكي“'s author writes:
اذا رآه أهل بلد لزم الحكم غيرهم من أهل البلدان ، وفاقا للشافعي خلافا لابن الماجشون ، ولا يلزم البلاد البعيدة جدا كالاندلس والحجاز اجماعا.
Reference: Mawsu'at al-Fiqh al-Maliki 363/5.
I do not wish to prolong the discussion by mentioning further opinions on this concept, but I merely aim to clarify that the jurists of the past who stated that the sighting of one city is sufficient for everywhere, near and far, did not mean such distance that would cause a difference in horizons; this is what I have understood from the study of the books of jurisprudence and hadith. Now, scholars, especially those related to jurisprudence and principles, should pay attention to where my understanding stands regarding the use of the terms near and far in relation to the unity of moon sighting. I do not insist on my opinion, nor is my understanding the final word. Furthermore, it should be clarified that the renowned researcher Dr. Bakr ibn Abu Zayd رحمه الله has also declared the lack of unity of moon sighting to be the position of the majority of scholars and the three Imams, which supports my view. And Allah knows best.
Reference: Fiqh al-Nawazil 333/3.
Moreover, when Sheikh Mustafa al-Zarqa رحمه الله declared the unity of sighting to be the opinion of the majority at the Islamic Fiqh Assembly held in 1406 AH, the chairman of the council (Sheikh Ibn Baz رحمه الله) objected in these words:
يا فضيلة الشيخ نقطة توضيحية بسيطة : الحقيقه أن اختلاف المطالع هو الذى عليه الجمهور وأنتم تفضلتم وقلتم ان الذى عليه الأكثر هو الجائز حتى ان ابن عبد البر حكى الاجماع على اختلاف المطالع.
In response, Sheikh Mustafa رحمه الله merely said:
لكم رأيكم وأنا رأيي أنه يكفينا أن نلقى الله برأى امامين عظيمين ولو خالفهما الاكثر.
Reference: Majallat Majma' al-Fiqh al-Islami, Issue 2, Part 2, p. 992.
Therefore, if someone argues against the unity of sighting, stating that the previous quotations indicate that since ancient times, the Imams of ijtihad have had consensus that in the case of differing horizons, the unity of sighting is not to be considered, then they would be largely justified.
In summary, the ruling regarding the sighting of the crescent will also change based on the difference in horizons, according to the author of this article, this is the preferred position. Imam Hafiz Ibn Abd al-Barr رحمه الله has adopted this, and the companions رضي الله عنهم have almost reached consensus on it, as he writes:
الى القول الأول أذهب لان فيه اثرا مرفوعا وهو حديث حسن تلزم به الحجة وهو قول صاحب كبير لا مخالف له من الصحابة وقول طائفة من فقهاء التابعين ومع هذا ان النظر يدل عليه عندى لأن الناس لا يكلفون علم ما غاب عنهم فى غير بلدهم ولو كلفو ذالك لضاق عليهم.
"I prefer the first position because there is a raised hadith that reaches the level of Hasan, which establishes the proof, and this is the statement of a great companion, Hazrat Ibn Abbas رضي الله عنهما, and there is no opposing view among the companions رضي الله عنهم, and this is also the position of a group of jurists among the Tabi'in رحمهم الله. Furthermore, in my view, reason also supports this, because what is hidden from people cannot be made obligatory upon them; if this were done, they would face great hardship."
Reference: Al-Tamheed 357/14.
Sheikh al-Islam Ibn Taymiyyah رحمه الله has adopted this view, as is evident from the Fiqh al-Ikhtiyarat.
Reference: Al-Ikhtiyarat al-Fiqhiyyah p. 29,
this also indicates that those who attributed the unity of sighting to Sheikh al-Islam Ibn Taymiyyah رحمه الله are incorrect.Imam al-Khattabi رحمه الله has also deemed this to be the preferred position, as he writes:
قوله صلى الله عليه وسلم : إذا رأيتموه ، جعل صلى الله عليه وسلم العلة فى وجوب الصوم رؤية الهلال وأوجب على كل قوم أن يعتبروه بوقت الرؤية فى بلادهم دون بلاد غيرهم، فإن البلاد تختلف أقاليمها فى الارتفاع والانخفاض فربما رؤي الهلال فى بعضها ولم ير فى بعض ، فحكم أهل كل أقليم معتبر بأرضهم وبلادهم دون بلاد غيرهم.
The Prophet صلى الله عليه وسلم said: (اذا رأيتموه) In this ruling, Allah's Messenger صلى الله عليه وسلم made sighting the reason for the obligation of fasting, and it is obligatory for every community to rely on the sighting of their own city and its timing, not on the sighting of another city, because some countries differ in elevation and depression (above or below sea level). Therefore, at times, the moon may be sighted in one city and not in another, so the ruling for each region will be valid in that land, not in other cities.
Reference: A'lam al-Hadith Sharh Sahih al-Bukhari 2/943.
The majority of scholars of hadith in India and Pakistan have also maintained this position,
Reference: (Fatawa Thunaiyyah 1 / 425, Sheikh al-Hadith Mubarakpuri رحمه الله has stated this in al-Ma'ra'ah, vol. 6, pp. 305, 306, old edition)
and in the pamphlet regarding Ramadan, this has been declared the preferred view
Reference: p. 98)
. The renowned scholar Allama Abu Sa'id Sharaf al-Din رحمه الله, the hadith scholar of Delhi, and Hafiz Abdullah Maktab al-Rupdi رحمه الله have written independent articles on this matter
Reference: (see: Fatawa Thunaiyyah 1 / 659: Fatawa Ahl al-Hadith 3 / 309)
. Nawab Siddiq Hasan Khan رحمه الله has adopted this view in "Fath al-'Alam," the commentary on Bulugh al-Maram,
Reference: Fath al-'Alam 2 / 690,
and the commentator of Bulugh al-Maram, Amir Yamani رحمه الله has also declared this opinion to be preferred.
Reference: Subul al-Salam 2 / 310.
The Fatwa Committee of prominent scholars in Saudi Arabia has declared this opinion to be preferred,
Reference: (Research of the Senior Scholars 29/3 and Fatwas of Sheikh Ibn Baz رحمه الله 15/74)
. Additionally, the committee working under the Muslim World League has issued a resolution in support of this,
Reference: (Majallat Majma' al-Fiqh al-Islami, Issue 2, 925/2, also see: Resolutions of the Islamic Fiqh Council, pp. 82, 83)
. In fact, the majority of jurists and scholars in Saudi Arabia have adopted this position and have elaborated on it in their fatwas, especially Sheikh Muhammad ibn Salih al-Uthaymeen رحمه الله has articulated this topic in detail in several of his fatwas,
Reference: (see: Fatawa wa Rasail Sheikh Abdul Razzaq Afifi p. 423, Muntakhab min Fatawa Sheikh al-Fawzan vol. 3 pp. 123, 125, Fatawa Ramadan pp. 106, 107, and Fatawa Ibn Uthaymeen vol. 19 pp. 44 to 62.)
Reference: . The esteemed scholar Ibn Baz رحمه الله (this is mentioned because when this topic is raised, people often mention these personalities, especially Ibn Baz رحمه الله, in a loud manner) has also recognized this issue as nationally accepted, although the Sheikh's position and fatwa are based on the consideration of unity of sighting, as he stated in one of his fatwas after narrating the hadith of Hazrat Abdullah ibn Abbas رضي الله عنهما:
وهذا القول له حظه من القوة وقد رأى القول به أعضاء مجلس هيئة كبار العلماء فى المملكة العربية السعودية جمعا بين الأدلة، والله ولي التوفيق
"This statement is also somewhat strong, and while reconciling the evidence, the members of the committee of prominent scholars of the Kingdom of Saudi Arabia have deemed this statement to be preferable."
In support of the unity of sighting, it is emphasized that this is indeed the position of the majority of jurists and hadith scholars. Additionally, it is strongly argued that one of the significant benefits of unity among Muslims during Eid, Eid al-Adha, and fasting is that it maintains the unity of Muslims. It is quite unreasonable for Muslims, who profess the same creed, to appear different during their annual celebrations; some are celebrating Eid on Thursday, others have already celebrated it on Wednesday, while some are doing so on Friday. In this way, Muslims become a source of ridicule in the eyes of non-Muslims, and so on.
This is a point that Allama Ahmad Shakir رحمه الله raised well, and whenever others have discussed the topic of unity in sighting, they have certainly mentioned it.
We appreciate the sentiments of these elders; however, the reality is that, firstly, these sentiments cannot be fulfilled in any way through the unity of sighting, whether a specific location is designated as the center of sighting or it is left general, because Allah, the Blessed and Exalted, has established such a system for the alternation of day and night that this unity is not possible, as some examples have already been mentioned. Here, consider another example.
It is known that when it is morning in Fiji, the sun is preparing to set in London. The morning in Fiji is such that the sun will rise in London twelve hours or a little later after that. In such a case, if the moon for fasting or Eid is sighted in London, what ruling will apply to the people of Fiji? If they are commanded to fast, they have not made the intention to fast before dawn, and since it will still be the twenty-eighth or twenty-ninth of Sha'ban there, the question of making an intention at night does not arise. Then, if they are not commanded to fast, the issue of the unity of fasting remains unresolved. The same can be applied to Eid. Furthermore, if this distance is increased further east, the issue of unity in fasting and Eid appears even more complicated. Therefore, the truth is that the issue of unity in Eid and fasting based on the sighting of the moon is not only difficult but impossible. فليتدبروا يا أولي الأبصار.
Secondly: Changes in the rulings of Shari'ah or tolerance regarding them cannot maintain Islamic unity; rather, the implementation of Islamic laws on human hearts, bodies, and environments is the guarantee of Islamic unity. If this element is absent, true strength among Muslims cannot be restored by creating unity in Eid and fasting, and so on.
Recent history shows that the call for unity in Eid and fasting is not a new voice; approximately thirty years ago, this call was raised in Pakistan that there should be unity in Eid and fasting between East Pakistan (now Bangladesh) and West Pakistan. There was an instance when, despite the lack of testimony for moon sighting in East Pakistan, Eid was forcibly celebrated, and people were compelled to break their fast. In response to this incident, Sheikh al-Hadith Maulana Muhammad Ismail رحمه الله (Gujranwala) wrote a lengthy article in Al-I'tisam on April 7, 1967, discussing the current issues related to moon sighting and concluded with the following:
It was reported on the radio on the 29th of Ramadan that the moon was not sighted in Dhaka, yet the Commissioner of East Pakistan announced Eid there; it is unclear why this was done. The fact is that the difference in moon sighting is a reality. To consider Eid as the only proof of the unity of the Ummah does not align with the facts. If Eid were to occur on Sunday in Dhaka, it would not harm the Ummah in any way. Inquire with the meteorological department; if the weather in Dhaka is different from that of West Pakistan, why should those people be compelled to celebrate Eid? Why should the Commissioner take upon himself the sin of breaking or keeping thousands of fasts? This is neither correct in Shariah nor in reason. The meteorological department can issue a ruling on this matter. Muslims, thank Allah, are spread all over the world; it is not possible for all of them to celebrate Eid on the same day. Moreover, this unity is not required in Shariah. If Eid is on Friday in Hijaz, Egypt, and Syria, it does not harm the unity of the Ummah. If Eid is on Sunday due to the moon not being sighted in Dhaka, what harm can come to the unity of the Ummah from this? In fact, the unity of the Ummah lies in the correct adherence to its laws and regulations. Wisdom dictates that when the moon was not sighted in such a distant province, the matter should be left as it is; it is certainly not a demand of the government's dignity to say anything to the public against established issues.
الحمد لله الذى بنعمته تتم الصالحات
By the grace of Allah, the discussion regarding the sighting of the moon and the unity of sighting has reached its conclusion. After studying the relevant verses and hadiths, as well as the opinions of scholars, the summary of the findings reached by the author is as follows:
① It is obligatory for Muslims to adhere to the Islamic months in their religious and worldly matters, as these months are determined by the Creator of the universe, and this is the religion that Allah has established as valuable.
② Allah has made the sighting of the moon the only means to know the Islamic months. The Messenger of Allah ﷺ has emphasized its importance through his words and actions, thus Muslims should generally observe the moon sighting throughout the year and specifically for the months of Sha'ban, Ramadan, and Dhul-Hijjah, etc. In fact, the majority of jurists have declared it a communal obligation (Fard Kifayah).
③ In determining the beginning and end of the Islamic months, reliance on astronomical knowledge and calculations is not permissible; however, assistance can be sought from modern technology and experts in astronomy, but this cannot be the basis.
④ This is an issue on which the scholars of the Ummah have reached consensus, and opposing it is not permissible, as the divine command against those who oppose the consensus of the Ummah is:
﴿مَنْ يُشَاقِقِ الرَّسُولَ مِنْ بَعْدِ مَا تَبَيَّنَ لَهُ الْهُدَىٰ وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ﴾
⑤ Regarding some jurists who have differing opinions on this matter:
Firstly: The attribution to most of them is not correct.
Secondly: They have permitted reliance on astronomical knowledge within a limited scope.
Thirdly: Their practice is in clear contradiction to the hadith of the Messenger of Allah ﷺ: صوموا لرؤيته وأفطروا لرؤيته فإن غم عليكم فاقدروا العدة.
Fourthly: The consensus of the Companions رضي الله عنهم, the great Tabi'in, and the subsequent Imams is a proof against them.
⑥ The matter of astronomy and celestial science is still within the realm of conjecture and, in many respects, conflicts with the Shari'ah, thus it is not acceptable.
⑦ The difference in horizons is not only a practical reality but also a consensus among the scholars of Shari'ah that the difference in horizons is an evident matter.
⑧ However, scholars differ on whether the difference in horizons affects the commencement of fasting and Eid or, despite being a scientific fact, has no effect on the worship of Muslims. In other words, whether the sighting in one place is sufficient for the entire Islamic world or whether each city and country is obligated to rely only on their local sighting.
⑨ There are various opinions on this detail, each with its own evidence, which is recorded in the original article.
⑩ Two opinions are particularly respected and credible:
First: If the moon is sighted anywhere in the world, all Muslims should act upon it.
Second: In the case of a unified horizon, the unity of sighting will be acknowledged, and where the horizons differ, the sightings will also differ.
While other opinions either fall under the aforementioned or lack strong evidence.
⑪ Particularly, the opinion that "only the sighting of Makkah is valid for the entire Islamic world" is completely devoid of evidence and is a rare and rejected statement. Before Allama Ahmad Shakir رحمه الله, no scholar accepted this, nor has any notable scholar supported it after him; in fact, the truth is that Allama Ahmad Shakir رحمه الله also retracted his statement.
⑫ Based on the texts of the Book and Sunnah, the practices of the Companions رضي الله عنهم, and the scholars after them, the author of the article holds the stronger opinion that the difference in horizons does indeed affect the sighting of the moon; therefore, where the horizons differ, the unity of sighting will not be acknowledged, which is the opinion of the majority of scholars and hadith experts.
⑬ However, the claim that the majority of scholars and hadith experts believe in the unity of sighting is devoid of evidence and far from reality. Yes! If it is said that the majority of the scholars of the four schools believe in the unity of sighting, then this can be somewhat acceptable.
⑭ It should be noted that those scholars who believe in the unity of sighting also have their own arguments, and their arguments carry weight in their own right, and these personalities hold a place in the hearts of many; therefore, despite differing from them, it is essential to respect their arguments and opinions, as it is very possible that the truth lies with them. However, the author of the article has expressed his findings after thorough research with honesty.
اللهم فاطر السماوات والأرض عالم الغيب والشهادة أنت تحكم بين عبادك فيما كانوا فيه يختلفون، اهدني لما اختلف فيه من الحق بإذنك إنك تهدي من تشاء إلىٰ صراط مستقيم
⑮ Nevertheless, the author of the article believes it is better for the public and students of knowledge in any place not to create a separate identity by opposing their local scholars and their opinions. Rather, if the scholars of a place believe in the unity of sighting, then it is obligatory for the people there to follow them, as this is an elixir for the unity of the Ummah.
The consideration or non-consideration of the unity of sight is a purely scholarly issue. This matter has been a point of contention among scholars of all eras, both ancient and modern. The majority, indeed a large majority, of scholars of Ahl al-Hadith in the Indian subcontinent have held the view of non-consideration, and many scholars in the Kingdom of Saudi Arabia also support this view. Therefore, it is essential that this issue be thoroughly discussed and examined among scholars before it is presented to the public. If this matter is raised in public forums, newspapers, and gatherings, its consequences will manifest in the form of division and discord, as evidenced in several countries. Since the public and young students, who are generally emotional, may sometimes elevate an issue due to their devotion to someone or their lack of understanding, this can lead to the community of Muslims, and even the organization itself, falling into fragmentation and disarray. There are numerous examples of this in both recent and distant history. Therefore, in my opinion, when the organization of Ahl al-Hadith has raised this issue, it should carefully deliberate on it with the assistance of knowledgeable scholars and issue a resolution that everyone is obliged to follow. Experts in astronomy can also be consulted in this regard. It would be wonderful if scholars from other groups are also invited to present their opinions, and after a thorough review and consensus on the issue, a unified resolution is passed and disseminated throughout all regions of India, calling for adherence to it and emphasizing the importance of unity among the Ummah.
I believe this task is not difficult, nor is the land of India devoid of thinkers and scholars. As a reminder, the Islamic World League's Fiqh Academy ”المجمع الفقهي الاسلامی“ has discussed this topic for several years, with scholars from every school of thought participating through their articles and debates. Those articles and discussions are available in published form, and considerable benefit can be derived from them. I believe that maintaining the unity of the Muslim Ummah is particularly essential in the contemporary era, and it is not beyond the capacity of the organization of Ahl al-Hadith.
However, until this issue is thoroughly clarified through debate and discussion, the Ummah should be allowed to continue on the path it has followed for the past fourteen centuries. In the meantime, I request scholars, imams of mosques, and speakers to protect the public from discord and division and to ensure that the unity of the community is not shattered in any way.
Esteemed gentlemen! This matter should not be limited to the issue of the unity of sight but should also encompass other issues that generally cause disagreement within the Muslim Ummah and particularly within the organization of Ahl al-Hadith. It is often observed that scholars of Ahl al-Hadith may agree on a particular issue, but a student who is still in the early stages of knowledge and understanding may sometimes read a flawed research that contradicts the position of the scholars of Ahl al-Hadith or the research of another scholar (whom they are impressed by) and, disregarding the disagreement, may hastily seek to publicize that research, whether in written form or as a speech, in books or pamphlets, articles, and discussions. However, the results of such actions are not favorable; rather, they lead to discord within the organization and among its members, making the organization of Ahl al-Hadith a subject of ridicule before other groups. This is something you all know better than I do. Therefore, it is essential to avoid spreading any issue that may cause fear of discord among the public. Discussing such matters in teaching and scholarly gatherings is appropriate, but mentioning such issues among the public without the confirmation of knowledgeable scholars is absolutely inappropriate.
It may not be inappropriate to mention the following incident here. The famous Tabi'i, Ubaidah al-Salmani رحمه الله, narrates that Hazrat Ali رضي الله عنه issued a fatwa that it is permissible to sell the offspring of a female slave (although he had previously held the view that it was not permissible, and Hazrat Umar رضي الله عنه held the same position). We said to Hazrat Ali رضي الله عنه, "O Commander of the Faithful! It is better for you and Hazrat Umar رضي الله عنه to remain in agreement on any issue, as your disagreement poses a risk of division and discord among the people." Hazrat Ali رضي الله عنه's response at that time serves as a guiding light for scholars. He رضي الله عنه said:
أقضوا كما كنتم تقضون فإني أكره الاختلاف حتى يكون للناس جماعة أو أموت على ما مات أصحابي أبوبكر وعمر
"Continue to decide as you used to, for I dislike disagreement. Until all people gather, or I (Ali) also depart from this world like my companions (Abu Bakr and Umar رضي الله عنهما)."
This incident illustrates the immense importance of unity within the Ummah, to the extent that sometimes one must remain silent on what they consider to be the stronger and more evidential national issue. Therefore, I respectfully urge all scholars and writers to refrain from raising any issue on which there is a consensus among the scholars of a particular place, and to avoid making it a public matter.
My intention is certainly not to suggest that scholars and writers should refrain from expressing the truth, but rather that the wisdom of ”الكل مقام مقال“ should be adhered to, and that special contact should be made with knowledgeable scholars for the investigation of any issue, presenting it for discussion in a scholarly book or a specific academic journal. Given the importance of the issue, a meeting of scholars may also be convened when necessary, and this is not beyond the capacity of the organization nor outside the scope of religious schools and educational institutions.
These were a few requests that I deemed necessary to present before the scholars and responsible individuals of the organization. If they are true, they should be accepted, and if they are against the truth, I too am but a human being, whose nature is endowed with error and forgetfulness
ربنا لا تؤاخذنا إن نسينا أو أخطأنا
سبحان ربك رب العزة عما يصفون وسلام على المرسلين والحمد لله رب العالمين
ونظر الاعتبارات رأتها الهيئة وقدرتها، ونظرا الى أن الاختلاف فى هذه المسألة ليست له آثار تخشى عواقبها، فقد مضى على ظهور هذا الدين أربعة عشر قرنا، لا نعلم فيها فترة جرى فيها توحيد الأمة الاسلامية على روية واحدة فان أعضاء مجلس هيئة كبار العلماء يرون بقاء الأمر على ما كان عليه، وعدم اثارة هذا الموضوع، وأن يكون لكل دولة اسلامية حق اختيار ماتراه بواسطة علمائها من الرأيين المشار اليهما فى المسألة، اذ لكل منهما أدلته ومستنداته
The Council of Senior Scholars, considering several factors and aspects, and observing that there will be no adverse effects resulting from the differences on this issue that could lead to fear of consequences, and keeping in mind that fourteen centuries have passed since the advent of this religion, during which, to our knowledge, the entire Muslim Ummah has never been able to agree on a single sighting to act upon. The members of this council deem it appropriate that the issue remain as it is and that this topic not be repeatedly inflamed. They also express the opinion that every Muslim government has the right to adopt whichever opinion it deems appropriate from the two mentioned opinions through its scholars, as each has its own arguments and references.
The المجمع الفقهي الاسلامي (the largest Fiqh academy of the Islamic world) has decided after thoroughly reviewing the issue that:
There is no need to call for uniformity regarding the Eid and moon sighting issue (Tawhid al-Ru'yah) in the Islamic world, as achieving uniformity in this matter will not lead to unity among the Ummah, contrary to the misconception of those advocating for it.
It has also been decided that the authority to make decisions regarding the moon should be entrusted to the Dar al-Ifta or Dar al-Qadha present in Muslim countries, as this method is in accordance with Shari'ah interests and is also appropriate. The guarantee of unity among the Ummah lies in the agreement to act in accordance with Allah's Book and the Sunnah of the Messenger ﷺ in all matters, and Allah is the Bestower of success.
وصلى الله على نبينا محمد وعلى آله وصحبه وسلم.
The scholars of the International Fiqh Academy are:
① Abdul Aziz bin Abdullah bin Baz.
② Muhammad Ali al-Harkan.
③ Abdullah bin Muhammad bin Hamid.
④ Muhammad Mahmoud al-Sawaf.
⑤ Saleh bin Uthaymeen.
⑥ Muhammad bin Abdullah bin Sabeel.
⑦ Mabrouk al-Awadi.
⑧ Muhammad al-Shadhili.
⑨ Abdul Quddus al-Hashimi.
⑩ Abul Hasan Ali al-Husaini al-Nadwi.
⑪ Muhammad Rashid Qabbani.
⑫ Abu Bakr Mahmoud Jumi.
⑬ Hasnain Muhammad Makhlouf.
⑭ Dr. Muhammad Rashid.
Sheikh Ibn Baz رحمه الله, who is an advocate of the unity of vision based on evidence, along with the Permanent Committee for Scholarly Research and Ifta in Saudi Arabia, has issued the following fatwa:
يجب عليهم ان يصوموا مع الناس ويفطروا مع الناس ويصلوا العيدين مع المسلمين فى بلادهم
"That is, it is obligatory for them to fast with the people and to break the fast with the people, and to perform the Eid prayers with the Muslims of their country."
سوال : When the beginning of Ramadan and the determination of the Day of Arafah differ in various countries, with whom should I observe the fast?
Due to certain circumstances, I have settled in Pakistan, and as a result, many matters have changed, such as prayer times, etc. I would like to ask about fasting on the Day of Arafah. However, the Hijri date in Pakistan differs from that in Saudi Arabia; for instance, when it is the 8th in Pakistan, it is the 9th in Saudi Arabia. Should I fast according to the 8th date in Pakistan, which corresponds to the 9th date in Saudi Arabia, or should I fast according to the date in Pakistan?
جواب : Alhamdulillah:
A question was posed to Shaykh Ibn Uthaymeen رحمه الله as follows:
In the case where the moon sighting differs, and the Day of Arafah becomes different, should we fast according to the sighting in our area or should we consider the sighting of the Haramain?
Shaykh رحمه الله responded:
This is based on the disagreement among scholars regarding whether the moon is the same for the entire world or whether it differs due to different horizons.
The correct view is that the moon does differ due to different horizons. For example, when the moon is sighted in Makkah, it will be the 9th here, and if the moon was sighted a day earlier in another country, then the 10th will be the Day of Arafah for them. Therefore, it is not permissible for them to fast on that day because it is a day of Eid. Similarly, suppose the sighting in Makkah is delayed, and it is the 9th in Makkah; then it will be the 8th in their area, and they will fast according to the 9th, which will correspond to the 10th in Makkah. This is the preferred opinion.
This is because the Messenger of Allah ﷺ said:
"When you see the moon, then fast, and when you see it, then celebrate Eid."
And those who did not see the moon did not witness it, and just as all people unanimously consider the dawn and sunset in their respective areas, the timing of the month will also be similar to the timing of the day.
Employees of the Saudi embassy in a particular country posed the following question to Shaykh رحمه الله:
Here we face a particular difficulty regarding fasting during Ramadan and on the Day of Arafah. The brothers here are divided into three categories:
One group says: We will fast and celebrate Eid along with Saudi Arabia.
Another group says: We will fast and celebrate Eid according to the country we are in.
And a third group says: We will observe the fast of Ramadan according to the country we reside in, but for the Day of Arafah, we will follow Saudi Arabia.
Therefore, I request from you a detailed and comprehensive answer regarding fasting during Ramadan and on the Day of Arafah, noting that for the past five years, it has not occurred that the kingdom has coincided with Ramadan or the Day of Arafah, such that Ramadan begins one or two days after the announcement from Saudi Arabia, and sometimes even three days later.
Shaykh رحمه الله responded:
The scholars have differing opinions on whether if the moon is sighted in one Muslim country, all Muslims must follow it, or only those who have seen it and whose horizons are the same, or whether those who have seen it must follow it and those who reside with them in their jurisdiction must also follow. There are several opinions on this matter, and there is another disagreement as well.
The preferred view is that it returns to the knowledge of the scholars. If the horizons of two countries are the same, they will be treated as one country. Therefore, when the moon is sighted in one country, the ruling will also apply to the other. However, if the horizons differ, then each country will follow the ruling according to its own horizon. This is the view chosen by Shaykh al-Islam Ibn Taymiyyah رحمه الله, and it is also evident from the Book and the Sunnah, and analogy also necessitates this.
Allah, the Exalted and Majestic, says:
"Whoever among you witnesses the month must fast it; and whoever is ill or on a journey - then an equal number of other days. Allah intends for you ease and does not intend for you hardship, and wants for you to complete the period and to glorify Allah for that to which He has guided you; perhaps you will be grateful."
The meaning of this verse is that it is not obligatory for one who does not witness this month to fast.
The evidence from the Sunnah is the statement of the Messenger of Allah ﷺ:
"When you see it (the moon), then fast, and when you see it (the moon), then break your fast."
The meaning of this Hadith is that when we do not see the moon, it will not be obligatory to fast nor to celebrate Eid.
As for analogy, it is noted that in every country, breaking the fast and stopping the pre-dawn meal (suhoor) is separate and is based on its own horizon and sunset, and this is a matter of consensus. You see that in Asia, the people of the East will stop their suhoor earlier than the people of the West and will break their fast before the people of the West, because Fajr rises earlier there, and similarly, the sun sets earlier there. Therefore, when it has been established that stopping the pre-dawn meal and breaking the fast daily is such, it will also be the same for fasting and breaking the fast monthly; there is no difference.
However, when different states are under one country and the ruler of that country has commanded fasting or breaking the fast, then it is obligatory to adhere to that command, because this issue is one of difference, and the ruler's command resolves the disagreement.
Based on this, you should fast and celebrate Eid in the same manner as the people of the country in which you reside, whether it corresponds with your original country or not, and similarly, on the Day of Arafah, you should act according to the country in which you reside.
وهذا القول له حظه من القوة وقد رأى القول به أعضاء مجلس هيئة كبار العلماء فى المملكة العربية السعودية جمعا بين الأدلة، والله ولي التوفيق
"This statement is also somewhat strong, and while reconciling the evidence, the members of the committee of prominent scholars of the Kingdom of Saudi Arabia have deemed this statement to be preferable."
Reference: Fatwas of Ibn Baz 15/84.
In support of the unity of sighting, it is emphasized that this is indeed the position of the majority of jurists and hadith scholars. Additionally, it is strongly argued that one of the significant benefits of unity among Muslims during Eid, Eid al-Adha, and fasting is that it maintains the unity of Muslims. It is quite unreasonable for Muslims, who profess the same creed, to appear different during their annual celebrations; some are celebrating Eid on Thursday, others have already celebrated it on Wednesday, while some are doing so on Friday. In this way, Muslims become a source of ridicule in the eyes of non-Muslims, and so on.
This is a point that Allama Ahmad Shakir رحمه الله raised well, and whenever others have discussed the topic of unity in sighting, they have certainly mentioned it.
Reference: See: Majallah Majma al-Fiqh, Issue 2, Volume 2.
We appreciate the sentiments of these elders; however, the reality is that, firstly, these sentiments cannot be fulfilled in any way through the unity of sighting, whether a specific location is designated as the center of sighting or it is left general, because Allah, the Blessed and Exalted, has established such a system for the alternation of day and night that this unity is not possible, as some examples have already been mentioned. Here, consider another example.
It is known that when it is morning in Fiji, the sun is preparing to set in London. The morning in Fiji is such that the sun will rise in London twelve hours or a little later after that. In such a case, if the moon for fasting or Eid is sighted in London, what ruling will apply to the people of Fiji? If they are commanded to fast, they have not made the intention to fast before dawn, and since it will still be the twenty-eighth or twenty-ninth of Sha'ban there, the question of making an intention at night does not arise. Then, if they are not commanded to fast, the issue of the unity of fasting remains unresolved. The same can be applied to Eid. Furthermore, if this distance is increased further east, the issue of unity in fasting and Eid appears even more complicated. Therefore, the truth is that the issue of unity in Eid and fasting based on the sighting of the moon is not only difficult but impossible. فليتدبروا يا أولي الأبصار.
Secondly: Changes in the rulings of Shari'ah or tolerance regarding them cannot maintain Islamic unity; rather, the implementation of Islamic laws on human hearts, bodies, and environments is the guarantee of Islamic unity. If this element is absent, true strength among Muslims cannot be restored by creating unity in Eid and fasting, and so on.
Recent history shows that the call for unity in Eid and fasting is not a new voice; approximately thirty years ago, this call was raised in Pakistan that there should be unity in Eid and fasting between East Pakistan (now Bangladesh) and West Pakistan. There was an instance when, despite the lack of testimony for moon sighting in East Pakistan, Eid was forcibly celebrated, and people were compelled to break their fast. In response to this incident, Sheikh al-Hadith Maulana Muhammad Ismail رحمه الله (Gujranwala) wrote a lengthy article in Al-I'tisam on April 7, 1967, discussing the current issues related to moon sighting and concluded with the following:
◈Eid and the Unity of the Ummah:
It was reported on the radio on the 29th of Ramadan that the moon was not sighted in Dhaka, yet the Commissioner of East Pakistan announced Eid there; it is unclear why this was done. The fact is that the difference in moon sighting is a reality. To consider Eid as the only proof of the unity of the Ummah does not align with the facts. If Eid were to occur on Sunday in Dhaka, it would not harm the Ummah in any way. Inquire with the meteorological department; if the weather in Dhaka is different from that of West Pakistan, why should those people be compelled to celebrate Eid? Why should the Commissioner take upon himself the sin of breaking or keeping thousands of fasts? This is neither correct in Shariah nor in reason. The meteorological department can issue a ruling on this matter. Muslims, thank Allah, are spread all over the world; it is not possible for all of them to celebrate Eid on the same day. Moreover, this unity is not required in Shariah. If Eid is on Friday in Hijaz, Egypt, and Syria, it does not harm the unity of the Ummah. If Eid is on Sunday due to the moon not being sighted in Dhaka, what harm can come to the unity of the Ummah from this? In fact, the unity of the Ummah lies in the correct adherence to its laws and regulations. Wisdom dictates that when the moon was not sighted in such a distant province, the matter should be left as it is; it is certainly not a demand of the government's dignity to say anything to the public against established issues.
Reference: Fatāwā Salafiyyah p. 58.
الحمد لله الذى بنعمته تتم الصالحات
By the grace of Allah, the discussion regarding the sighting of the moon and the unity of sighting has reached its conclusion. After studying the relevant verses and hadiths, as well as the opinions of scholars, the summary of the findings reached by the author is as follows:
① It is obligatory for Muslims to adhere to the Islamic months in their religious and worldly matters, as these months are determined by the Creator of the universe, and this is the religion that Allah has established as valuable.
② Allah has made the sighting of the moon the only means to know the Islamic months. The Messenger of Allah ﷺ has emphasized its importance through his words and actions, thus Muslims should generally observe the moon sighting throughout the year and specifically for the months of Sha'ban, Ramadan, and Dhul-Hijjah, etc. In fact, the majority of jurists have declared it a communal obligation (Fard Kifayah).
③ In determining the beginning and end of the Islamic months, reliance on astronomical knowledge and calculations is not permissible; however, assistance can be sought from modern technology and experts in astronomy, but this cannot be the basis.
④ This is an issue on which the scholars of the Ummah have reached consensus, and opposing it is not permissible, as the divine command against those who oppose the consensus of the Ummah is:
﴿مَنْ يُشَاقِقِ الرَّسُولَ مِنْ بَعْدِ مَا تَبَيَّنَ لَهُ الْهُدَىٰ وَيَتَّبِعْ غَيْرَ سَبِيلِ الْمُؤْمِنِينَ﴾
Reference: (Surah An-Nisa: 115)
⑤ Regarding some jurists who have differing opinions on this matter:
Firstly: The attribution to most of them is not correct.
Secondly: They have permitted reliance on astronomical knowledge within a limited scope.
Thirdly: Their practice is in clear contradiction to the hadith of the Messenger of Allah ﷺ: صوموا لرؤيته وأفطروا لرؤيته فإن غم عليكم فاقدروا العدة.
Fourthly: The consensus of the Companions رضي الله عنهم, the great Tabi'in, and the subsequent Imams is a proof against them.
⑥ The matter of astronomy and celestial science is still within the realm of conjecture and, in many respects, conflicts with the Shari'ah, thus it is not acceptable.
⑦ The difference in horizons is not only a practical reality but also a consensus among the scholars of Shari'ah that the difference in horizons is an evident matter.
⑧ However, scholars differ on whether the difference in horizons affects the commencement of fasting and Eid or, despite being a scientific fact, has no effect on the worship of Muslims. In other words, whether the sighting in one place is sufficient for the entire Islamic world or whether each city and country is obligated to rely only on their local sighting.
⑨ There are various opinions on this detail, each with its own evidence, which is recorded in the original article.
⑩ Two opinions are particularly respected and credible:
First: If the moon is sighted anywhere in the world, all Muslims should act upon it.
Second: In the case of a unified horizon, the unity of sighting will be acknowledged, and where the horizons differ, the sightings will also differ.
While other opinions either fall under the aforementioned or lack strong evidence.
⑪ Particularly, the opinion that "only the sighting of Makkah is valid for the entire Islamic world" is completely devoid of evidence and is a rare and rejected statement. Before Allama Ahmad Shakir رحمه الله, no scholar accepted this, nor has any notable scholar supported it after him; in fact, the truth is that Allama Ahmad Shakir رحمه الله also retracted his statement.
⑫ Based on the texts of the Book and Sunnah, the practices of the Companions رضي الله عنهم, and the scholars after them, the author of the article holds the stronger opinion that the difference in horizons does indeed affect the sighting of the moon; therefore, where the horizons differ, the unity of sighting will not be acknowledged, which is the opinion of the majority of scholars and hadith experts.
⑬ However, the claim that the majority of scholars and hadith experts believe in the unity of sighting is devoid of evidence and far from reality. Yes! If it is said that the majority of the scholars of the four schools believe in the unity of sighting, then this can be somewhat acceptable.
⑭ It should be noted that those scholars who believe in the unity of sighting also have their own arguments, and their arguments carry weight in their own right, and these personalities hold a place in the hearts of many; therefore, despite differing from them, it is essential to respect their arguments and opinions, as it is very possible that the truth lies with them. However, the author of the article has expressed his findings after thorough research with honesty.
اللهم فاطر السماوات والأرض عالم الغيب والشهادة أنت تحكم بين عبادك فيما كانوا فيه يختلفون، اهدني لما اختلف فيه من الحق بإذنك إنك تهدي من تشاء إلىٰ صراط مستقيم
⑮ Nevertheless, the author of the article believes it is better for the public and students of knowledge in any place not to create a separate identity by opposing their local scholars and their opinions. Rather, if the scholars of a place believe in the unity of sighting, then it is obligatory for the people there to follow them, as this is an elixir for the unity of the Ummah.
◈Ahl al-Hadith, Recommendations from the Scholars and Writers Participating in the Seminar:
A Few Recommendations:
The consideration or non-consideration of the unity of sight is a purely scholarly issue. This matter has been a point of contention among scholars of all eras, both ancient and modern. The majority, indeed a large majority, of scholars of Ahl al-Hadith in the Indian subcontinent have held the view of non-consideration, and many scholars in the Kingdom of Saudi Arabia also support this view. Therefore, it is essential that this issue be thoroughly discussed and examined among scholars before it is presented to the public. If this matter is raised in public forums, newspapers, and gatherings, its consequences will manifest in the form of division and discord, as evidenced in several countries. Since the public and young students, who are generally emotional, may sometimes elevate an issue due to their devotion to someone or their lack of understanding, this can lead to the community of Muslims, and even the organization itself, falling into fragmentation and disarray. There are numerous examples of this in both recent and distant history. Therefore, in my opinion, when the organization of Ahl al-Hadith has raised this issue, it should carefully deliberate on it with the assistance of knowledgeable scholars and issue a resolution that everyone is obliged to follow. Experts in astronomy can also be consulted in this regard. It would be wonderful if scholars from other groups are also invited to present their opinions, and after a thorough review and consensus on the issue, a unified resolution is passed and disseminated throughout all regions of India, calling for adherence to it and emphasizing the importance of unity among the Ummah.
I believe this task is not difficult, nor is the land of India devoid of thinkers and scholars. As a reminder, the Islamic World League's Fiqh Academy ”المجمع الفقهي الاسلامی“ has discussed this topic for several years, with scholars from every school of thought participating through their articles and debates. Those articles and discussions are available in published form, and considerable benefit can be derived from them. I believe that maintaining the unity of the Muslim Ummah is particularly essential in the contemporary era, and it is not beyond the capacity of the organization of Ahl al-Hadith.
However, until this issue is thoroughly clarified through debate and discussion, the Ummah should be allowed to continue on the path it has followed for the past fourteen centuries. In the meantime, I request scholars, imams of mosques, and speakers to protect the public from discord and division and to ensure that the unity of the community is not shattered in any way.
Esteemed gentlemen! This matter should not be limited to the issue of the unity of sight but should also encompass other issues that generally cause disagreement within the Muslim Ummah and particularly within the organization of Ahl al-Hadith. It is often observed that scholars of Ahl al-Hadith may agree on a particular issue, but a student who is still in the early stages of knowledge and understanding may sometimes read a flawed research that contradicts the position of the scholars of Ahl al-Hadith or the research of another scholar (whom they are impressed by) and, disregarding the disagreement, may hastily seek to publicize that research, whether in written form or as a speech, in books or pamphlets, articles, and discussions. However, the results of such actions are not favorable; rather, they lead to discord within the organization and among its members, making the organization of Ahl al-Hadith a subject of ridicule before other groups. This is something you all know better than I do. Therefore, it is essential to avoid spreading any issue that may cause fear of discord among the public. Discussing such matters in teaching and scholarly gatherings is appropriate, but mentioning such issues among the public without the confirmation of knowledgeable scholars is absolutely inappropriate.
It may not be inappropriate to mention the following incident here. The famous Tabi'i, Ubaidah al-Salmani رحمه الله, narrates that Hazrat Ali رضي الله عنه issued a fatwa that it is permissible to sell the offspring of a female slave (although he had previously held the view that it was not permissible, and Hazrat Umar رضي الله عنه held the same position). We said to Hazrat Ali رضي الله عنه, "O Commander of the Faithful! It is better for you and Hazrat Umar رضي الله عنه to remain in agreement on any issue, as your disagreement poses a risk of division and discord among the people." Hazrat Ali رضي الله عنه's response at that time serves as a guiding light for scholars. He رضي الله عنه said:
أقضوا كما كنتم تقضون فإني أكره الاختلاف حتى يكون للناس جماعة أو أموت على ما مات أصحابي أبوبكر وعمر
"Continue to decide as you used to, for I dislike disagreement. Until all people gather, or I (Ali) also depart from this world like my companions (Abu Bakr and Umar رضي الله عنهما)."
Reference: Sahih al-Bukhari: 3707 Al-Manaqib.
This incident illustrates the immense importance of unity within the Ummah, to the extent that sometimes one must remain silent on what they consider to be the stronger and more evidential national issue. Therefore, I respectfully urge all scholars and writers to refrain from raising any issue on which there is a consensus among the scholars of a particular place, and to avoid making it a public matter.
My intention is certainly not to suggest that scholars and writers should refrain from expressing the truth, but rather that the wisdom of ”الكل مقام مقال“ should be adhered to, and that special contact should be made with knowledgeable scholars for the investigation of any issue, presenting it for discussion in a scholarly book or a specific academic journal. Given the importance of the issue, a meeting of scholars may also be convened when necessary, and this is not beyond the capacity of the organization nor outside the scope of religious schools and educational institutions.
These were a few requests that I deemed necessary to present before the scholars and responsible individuals of the organization. If they are true, they should be accepted, and if they are against the truth, I too am but a human being, whose nature is endowed with error and forgetfulness
Reference: (37- الصافات:181)
, for which I humbly beseech in the court of the One who answers prayers that:ربنا لا تؤاخذنا إن نسينا أو أخطأنا
سبحان ربك رب العزة عما يصفون وسلام على المرسلين والحمد لله رب العالمين
① Resolution of the Council of Senior Scholars of the Kingdom of Saudi Arabia:
ونظر الاعتبارات رأتها الهيئة وقدرتها، ونظرا الى أن الاختلاف فى هذه المسألة ليست له آثار تخشى عواقبها، فقد مضى على ظهور هذا الدين أربعة عشر قرنا، لا نعلم فيها فترة جرى فيها توحيد الأمة الاسلامية على روية واحدة فان أعضاء مجلس هيئة كبار العلماء يرون بقاء الأمر على ما كان عليه، وعدم اثارة هذا الموضوع، وأن يكون لكل دولة اسلامية حق اختيار ماتراه بواسطة علمائها من الرأيين المشار اليهما فى المسألة، اذ لكل منهما أدلته ومستنداته
The Council of Senior Scholars, considering several factors and aspects, and observing that there will be no adverse effects resulting from the differences on this issue that could lead to fear of consequences, and keeping in mind that fourteen centuries have passed since the advent of this religion, during which, to our knowledge, the entire Muslim Ummah has never been able to agree on a single sighting to act upon. The members of this council deem it appropriate that the issue remain as it is and that this topic not be repeatedly inflamed. They also express the opinion that every Muslim government has the right to adopt whichever opinion it deems appropriate from the two mentioned opinions through its scholars, as each has its own arguments and references.
Reference: (Fatwas of the Permanent Committee, Fatwa No. 3686)
② Resolution of the International Islamic Fiqh Academy (Fatwa):
The المجمع الفقهي الاسلامي (the largest Fiqh academy of the Islamic world) has decided after thoroughly reviewing the issue that:
There is no need to call for uniformity regarding the Eid and moon sighting issue (Tawhid al-Ru'yah) in the Islamic world, as achieving uniformity in this matter will not lead to unity among the Ummah, contrary to the misconception of those advocating for it.
It has also been decided that the authority to make decisions regarding the moon should be entrusted to the Dar al-Ifta or Dar al-Qadha present in Muslim countries, as this method is in accordance with Shari'ah interests and is also appropriate. The guarantee of unity among the Ummah lies in the agreement to act in accordance with Allah's Book and the Sunnah of the Messenger ﷺ in all matters, and Allah is the Bestower of success.
وصلى الله على نبينا محمد وعلى آله وصحبه وسلم.
The scholars of the International Fiqh Academy are:
① Abdul Aziz bin Abdullah bin Baz.
② Muhammad Ali al-Harkan.
③ Abdullah bin Muhammad bin Hamid.
④ Muhammad Mahmoud al-Sawaf.
⑤ Saleh bin Uthaymeen.
⑥ Muhammad bin Abdullah bin Sabeel.
⑦ Mabrouk al-Awadi.
⑧ Muhammad al-Shadhili.
⑨ Abdul Quddus al-Hashimi.
⑩ Abul Hasan Ali al-Husaini al-Nadwi.
⑪ Muhammad Rashid Qabbani.
⑫ Abu Bakr Mahmoud Jumi.
⑬ Hasnain Muhammad Makhlouf.
⑭ Dr. Muhammad Rashid.
③ Sheikh Ibn Baz رحمه الله:
Sheikh Ibn Baz رحمه الله, who is an advocate of the unity of vision based on evidence, along with the Permanent Committee for Scholarly Research and Ifta in Saudi Arabia, has issued the following fatwa:
يجب عليهم ان يصوموا مع الناس ويفطروا مع الناس ويصلوا العيدين مع المسلمين فى بلادهم
"That is, it is obligatory for them to fast with the people and to break the fast with the people, and to perform the Eid prayers with the Muslims of their country."
Reference: (Fatwas of the Permanent Committee for Scholarly Research and Ifta: 94/10)
④ Fatwa of Sheikh Muhammad bin Salih Al-Uthaymeen رحمه الله and Sheikh Muhammad bin Salih Al-Munajjid:
سوال : When the beginning of Ramadan and the determination of the Day of Arafah differ in various countries, with whom should I observe the fast?
Due to certain circumstances, I have settled in Pakistan, and as a result, many matters have changed, such as prayer times, etc. I would like to ask about fasting on the Day of Arafah. However, the Hijri date in Pakistan differs from that in Saudi Arabia; for instance, when it is the 8th in Pakistan, it is the 9th in Saudi Arabia. Should I fast according to the 8th date in Pakistan, which corresponds to the 9th date in Saudi Arabia, or should I fast according to the date in Pakistan?
جواب : Alhamdulillah:
A question was posed to Shaykh Ibn Uthaymeen رحمه الله as follows:
In the case where the moon sighting differs, and the Day of Arafah becomes different, should we fast according to the sighting in our area or should we consider the sighting of the Haramain?
Shaykh رحمه الله responded:
This is based on the disagreement among scholars regarding whether the moon is the same for the entire world or whether it differs due to different horizons.
The correct view is that the moon does differ due to different horizons. For example, when the moon is sighted in Makkah, it will be the 9th here, and if the moon was sighted a day earlier in another country, then the 10th will be the Day of Arafah for them. Therefore, it is not permissible for them to fast on that day because it is a day of Eid. Similarly, suppose the sighting in Makkah is delayed, and it is the 9th in Makkah; then it will be the 8th in their area, and they will fast according to the 9th, which will correspond to the 10th in Makkah. This is the preferred opinion.
This is because the Messenger of Allah ﷺ said:
"When you see the moon, then fast, and when you see it, then celebrate Eid."
And those who did not see the moon did not witness it, and just as all people unanimously consider the dawn and sunset in their respective areas, the timing of the month will also be similar to the timing of the day.
Reference: (See: Majmu' al-Fatawa 20)
Employees of the Saudi embassy in a particular country posed the following question to Shaykh رحمه الله:
Here we face a particular difficulty regarding fasting during Ramadan and on the Day of Arafah. The brothers here are divided into three categories:
One group says: We will fast and celebrate Eid along with Saudi Arabia.
Another group says: We will fast and celebrate Eid according to the country we are in.
And a third group says: We will observe the fast of Ramadan according to the country we reside in, but for the Day of Arafah, we will follow Saudi Arabia.
Therefore, I request from you a detailed and comprehensive answer regarding fasting during Ramadan and on the Day of Arafah, noting that for the past five years, it has not occurred that the kingdom has coincided with Ramadan or the Day of Arafah, such that Ramadan begins one or two days after the announcement from Saudi Arabia, and sometimes even three days later.
Shaykh رحمه الله responded:
The scholars have differing opinions on whether if the moon is sighted in one Muslim country, all Muslims must follow it, or only those who have seen it and whose horizons are the same, or whether those who have seen it must follow it and those who reside with them in their jurisdiction must also follow. There are several opinions on this matter, and there is another disagreement as well.
The preferred view is that it returns to the knowledge of the scholars. If the horizons of two countries are the same, they will be treated as one country. Therefore, when the moon is sighted in one country, the ruling will also apply to the other. However, if the horizons differ, then each country will follow the ruling according to its own horizon. This is the view chosen by Shaykh al-Islam Ibn Taymiyyah رحمه الله, and it is also evident from the Book and the Sunnah, and analogy also necessitates this.
❀Evidence from the Book and Sunnah:
Allah, the Exalted and Majestic, says:
"Whoever among you witnesses the month must fast it; and whoever is ill or on a journey - then an equal number of other days. Allah intends for you ease and does not intend for you hardship, and wants for you to complete the period and to glorify Allah for that to which He has guided you; perhaps you will be grateful."
The meaning of this verse is that it is not obligatory for one who does not witness this month to fast.
The evidence from the Sunnah is the statement of the Messenger of Allah ﷺ:
"When you see it (the moon), then fast, and when you see it (the moon), then break your fast."
The meaning of this Hadith is that when we do not see the moon, it will not be obligatory to fast nor to celebrate Eid.
As for analogy, it is noted that in every country, breaking the fast and stopping the pre-dawn meal (suhoor) is separate and is based on its own horizon and sunset, and this is a matter of consensus. You see that in Asia, the people of the East will stop their suhoor earlier than the people of the West and will break their fast before the people of the West, because Fajr rises earlier there, and similarly, the sun sets earlier there. Therefore, when it has been established that stopping the pre-dawn meal and breaking the fast daily is such, it will also be the same for fasting and breaking the fast monthly; there is no difference.
However, when different states are under one country and the ruler of that country has commanded fasting or breaking the fast, then it is obligatory to adhere to that command, because this issue is one of difference, and the ruler's command resolves the disagreement.
Based on this, you should fast and celebrate Eid in the same manner as the people of the country in which you reside, whether it corresponds with your original country or not, and similarly, on the Day of Arafah, you should act according to the country in which you reside.
Reference: (See: Majmu' al-Fatawa 19)
And Allah knows best.
Reference: Sheikh Muhammad bin Saleh Al-Munajjid
(Al-Khobar, Saudi Arabia)
