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There are two main organisations in the UK who lead the Muslims on the Moon sightings.

Wifaqul Ulama and Hizbul Ulama. InshaAllah we shall look into their findings to see why The Muslims at large are put to such confussion. (I understand this is not going to be easy and I do not wish to turn it into a debate, rather, it should be information for the public to see and share)

Who are they?

Who are the Scholars?

Whats the difference?

Who follows or rejects the findings of Saudi Arabia?

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Wifaqul Ulama

This organisation consists of leading and expert Ulamaa. They run under the leadership of Hadhrat Movlana Muhammad Hasan Saheb Bodhanwi from Walsall, who is the Khalifa of the former Ameer ul Hind Hadhrat Movlana Asad Madani Saheb R.A. The organisation includes leading scholars of U.K. including, to name a few, Hadhrat Sheikh ul Hadith Hadhrat Movlana Muhammad Ayyub Surti Saheb, Khalifa of Hadhrat Movlana Abrar ul Haq Saheb Hardoy R.A.,Hadhrat Movlana Abdul Awwal Saheb, Hadhrat Movlana Thameeruddeen Saheb,( well known as Movlana Chand), Hadhrat Movlana Munawwar Saheb,Imam Of Balham Masjid, Sheikh Sulaiman Saheb of Tooting Masjid.

Their Claim is to guide the Muslim Ummah on the Siraat e Mustaqeem, the right path, and propagate the truth and Haq to the Muslim Ummah. They aim to propagate and bring back those great Sunnats of Our beloved Nabi Sallallahu alaihi Wassalam into the lives of the Believer, which the Muslims of today have forgotten and neglected.

Moon sighting, being one of them. In these very difficult times, the Ummah is in need of guidance, we sincerely hope with the help of Allah to provide that. May Allah Grant our organisation the Ikhlass, the Zeal to work for the Ummah.

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Hizbul Ulama UK

http://www.hizbululama.org.uk/about.htm

(The Society of Muslim Scholars in UK) and the Central Moon Sighting Committee of Great Britain established in 1403H/1984CE by Ulama-e-Deen of Britain. It is one of the most highly regarded Muslim Institutions in the United Kingdom. It is a leading guide to Muslim Organisations including Mosques for over 30 years. They have taken an active role in some of the most high profile issues affecting the community. The organisation consisting of leading Ulema (Islamic Scholars), are affiliated to the Deoband Islamic School in India, an institution that has produced some of the most outstanding Islamic scholars in the Indian sub-continent and abroad. Their work is dedicated to dealing with the spiritual and scholastic aspects of Islam and they actively promote Muslims participation in politics and media. Whilst guiding Britain’s Muslims on the spiritual, theological and ritual aspects of their faith, they also encourage them to live as equal members of a pluralistic modern Britain.

In these times of rapid change both globally and locally, as Ulema (Islamic Scholars) they are actively striving to ensure that Muslims remain on the Siraat-al-Mustaqeem (The Straight Path) according to the practice of the Deen (al-Islam) as established by the Qur’aan and the example shown by Prophet Muhammad SAW. Part of their work also involves dating the monthly Islamic Calendar. This is based on actual naked eye moon sightings as ordained by Prophet Muhammad (SAW) and is completely Shar’iah compliant being free from any scientific pre-conditions or calculations.

InshaAllah I/someone will add list of scholars from Hizbula Ulama.

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http://www.wifaqululama.co.uk/fatwaspdf/The_Majlis_moonsighting_06-06-11.pdf

June 2011 The Sha'ban issue.

Question to the Majlis in South Africa. (Both groups rely on this Majlis)

Currently there prevails a controversy in the United Kingdom regarding the moon issue of last
Ramadhaan. The controversy is between two Ulama groups, viz. Hizbul Ulama and Wifaaqul Ulama. Both
Ulama organizations have written to the Mujlisul Ulama of S.A. presenting their respective sides of the
episode.

According to Hizbul Ulama, the hilaal (the crescent moon) for Ramadhaan was sighted by at least three persons at the end of the 29th day of Sha'baan, hence they declared the following day to be the 1st of
Ramadhaan.

According to Wifaaqul Ulama, there was no reliable sighting of the hilaal as reported by Hizbul Ulama,
hence they (Wifaaqul Ulama) rejected the announcement, and Sha'baan was kept 30 days. Wifaaqul
Ulama found the witnesses to be unreliable.

The Majlis have responded to both Ulama Organizations on the basis of the facts they have furnished in their
respective letters. SEE LINK.

They did not and do not enter the fray in the capacity of a Hakam (Arbitrator). Their responses should, therefore not be construed as adjudication in the dispute of two parties. They have merely
apprized the groups of the Shariah's stance as they understand and believe it to be without deciding and
resolving the dispute.

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The Majlis' response to Hizbul Ulama

The principle governing the commencement of the Islamic months is Rooyat-e-Hilaal i.e. the physical sighting of the moon. This principle is Mansoos Alayh. It is the hukm stemming from Nass-e-Qat'i, and may not be set aside or abrogated by rational reasoning or by astronomical calculations or any other theory of astronomy, etc.

The answers to your questions in the light of the above principle and the Sunnah are as follows:

(1) The Shar'i Imkaan (Possibility) of sighting the hilaal is at the end of the 29th day of the Islamic month.

This Possibility is established by Sareeh Nass of the Hadith. It is such a well established Shar'i injunction which does not need elaboration. Only those ignorant of the Shariah will refute this injunction. What the observatories and astronomers say in conflict with this Shar'i principle is mardood (rejected and baseless).

The Mansoos Ahkaam of the Shariah will remain inviolable until the Day of Qiyaamah, and the fate which had overtaken the Shariah of Nabi Musa (alayhis salaam) and Nabi Isaa (alayhis salaam) at the hands of their followers, the Yahood and Nasaara, will, Insha'Allah, not overtake the Final Shariah of Islam. Allah Ta'ala will in every age put in the arena Ulama-e-Haqq to defend the Deen against the predations of the
Ahl-e-Baatil.

(2) There is no 'exhaustive list' of questions for the Shaahid (Witness) to answer in terms of the Shariah.

The only requirement is that he must be aadil (just/pious), and if it happens to be the hilaal for Eid, and the horizon is clear and cloudless, then the sighting must be reported by jamm-e-ghafeer (a sufficiently large number of people). All other questions are nonsensical and devoid of Shar'i substance and basis.

(3) According to the Shariah, the many questions pertaining to the position, shape, etc. of the hilaal are abath and laghw (futile and nonsensical). They have no Shar'i significance. Furthermore, if these questions are used to abrogate the Mansoos Alayh principle of Rooyat, then they (the nonsensical questions) will be haraam.

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The Majlis' Response to Wifaqul Ulama


We had commented on the issue on the basis of the information provided by Hizbul Ulama. Your explanation presents a different angle to the dispute. Our ruling was based on the adaalat of the witnesses. However, it appears that Wifaqul Ulama refutes the adaalat of the witnesses. We are not in position to adjudicate in the dispute. Our rulings should therefore not be construed as the effect of Tahkeem
(Arbitration). We answer on the basis of the information furnished. Whose information is correct, incorrect, true or false is known to Allah Azza Wa Jal.

In this response we shall content ourselves with only stating the view and the stance we have adopted on the issue of commencing and ending the Islamic months.

(1) We follow only the principle of Rooyat – the physical sighting.

(2) In the absence of local physical sighting, if news of a sighting of another place in South Africa reaches us by reliable and authentic transmission in which there is no doubt, we accept and Ramadhaan/Eid will be confirmed by us.

(3) To date we do not accept news of sightings from any country. News of Sightings from only within South Africa is accepted. This stance is not because of any belief that the sightings of other countries are not permissible. According to the Ahnaaf the sighting of the East is valid for the West and vice versa. The reason for us not accepting information from outside the country is the lack of a proper arrangement with reliable Shar'i sources. We lack confidence in outside information, hence we limit information of sightings to within the boundaries of South Africa.

(4) We never accept Saudi reports on the hilaal issue. We believe that Saudi Arabia is most unreliable in this regard. Although there have been attempts in South Africa to establish Saudi hegemony here via the moon issue, we are resisting such attempts. There have also been attempts to establish Saudi hegemony by forming a Hilaal Committee of Southern African States. But we have resisted this move too and we are not prepared to compromise our rigid stand for the sake of overtures which are tainted with political and nafsaani agendas. Due to Saudi funding for certain Islamic institutions in Southern African countries, the plan for a united Hilaal Committee here appears unholy to us.

(5) We reject in entirety the slightest intrusion into the hilaal domain by astronomy. We come within the scope of the Hadith in which Rasulullah (sallallahu alayhi wasallam) said: "We are an Ummi nation. We neither count nor calculate….." We are 'illiterates' of this calibre, hence we do not have the slightest
inclination towards astronomical calculation and even astronomical guidelines regarding feasibility and possibility or impossibility of sighting the hilaal.

(6) Our only criterion for Imkaan-e-Rooyat is the ending of the 29th day of the Islamic month. Possibility of sighting the hilaal at the expiry of the 29th day of the Islamic month is a Shar'i possibility even if in terms of astronomy it may be impossible. The Nass in this regard overrides astronomy.

(7) If the hilaal is not sighted after 29 days have passed, the month will obviously be 30 days in terms of the Shariah.

(8) Confirmation of the sighting must be on the basis of the reporting by aadil witnesses. The number will vary from one such witness, male or female, for confirmation of the Ramadhaan hilaal, if the horizon is overcast, to Jamm-e-Ghafeer if the sky is clear. Regarding the number of witnesses, the various factors such as clear or overcast sky, the moon for Ramadhaan and the moon for Eid, are taken into consideration.

(9) If all Shar'i factors are fulfilled and the witnesses are aadil, we shall confirm the sighting regardless of the view of the astronomers. Even if a sighting is 'impossible' in terms of astronomical calculations, but if criteria of the Shariah – the Mansoos Ahkaam – have been satisfied, we accept the sighting and confirm the commencement of the Islamic month. The Shariah overrides all other considerations. Never, is it permissible to cite astronomical calculations for overriding the Shariah or for casting doubt.

(10) We do not take into account the size, position, shape, etc. of the hilaal for accepting news of a sighting. The only criterion for accepting a sighting is the adaalat of the witnesses. Rasulullah's personal practice in this regard is sufficient and categorical direction for the procedure of accepting reports of sightings. We are averse to the astronomical paraphernalia which appear in questionnaires to which Aadil witnesses are subjected to. It is quite possible for a person to sight the hilaal without applying his mind to the various aspects of the moon such as shape, position, etc. A person who has genuinely sighted the hilaal may forget within minutes the actual physical attributes which had accompanied the hilaal.

Furthermore, the Ahaadith testify that Rasulullah (sallallahu alayhi wasallam) and the Sahaabah had not ventured into such details pertaining to the hilaal. The procedure adopted by Nabi-e-Kareem (sallallahu alayhi wasallam) was extremely simple. The sole criterion was the adaalat of the Shaahid.

If there is valid doubt in the adaalat of the witnesses, the correctness of his answering the variety of questions will be in vain. Even if he answers all the questions correctly, his testimony will be rejected if he is not aadil. On the other hand, if his adaalat is confirmed in Shar'i terms, then his report of sighting will be accepted regardless of his inability to answer the questionnaire. This is our stance.

(11) We shall reject the report if the person appears on the scene a few days after the reported sighting such as in your case where the 'sighters' testified 8 days after their alleged sighting.

(12) If Hizbul Ulama had declared Ramadhaan on the basis of Saudi Arabia's announcement, then we are of the opinion that this was incorrect as the Saudis are unreliable in this regard. The Brother who had asked his question on behalf of Hizbul Ulama did not mention that the three persons had testified only 8 days after their sighting. We had understood from the question that the three 'aadil' witnesses had testified the very same night soon after having sighted the hilaal, that is during Maghrib time of the very first night.

In our opinion the report made 8 days after the event should have been dismissed without the need to listen to their testimony and without bothering to establish the integrity of the witnesses.

(13) Our advice is that witnesses should not come forward to 'prove the correctness of Saudi announcements' as you have mentioned. Saudi Arabia should be expunged from the hilaal equation. The Zaalim government of Saudi Arabia has a direct hand in hilaal announcements, and for them political or other expediencies are adequate for tampering with the masaa-il of the Shariah.

(14) We note that Wifaaqul Ulama does use astronomical calculations as a guideline, not for confirming the commencement of the month. As long as the actual confirmation of the hilaal is based on actual Rooyat, you are entitled to your methodology and guide lines. The absolute principle of Rooyat should never be compromised. We need to clarify the meaning of not compromising this Mansoos Alayh principle. If aadil witnesses testify to their personal sighting and all Shar'i conditions regarding numbers of sighters for different occasions are fulfilled, then it will be Waajib to accept their testimony even if astronomy says that the sighting is impossible and even if the sighters are unable to answer the astronomical paraphernalia related to the hilaal.

(15) From the explanation furnished by Batley Moon Sighting Committee, it appears that the basis for having rejected the CMC's announcement was the 'integrity' factor. According to BMSC the witnesses were not aadil. Their adaalat was rejected. We are not in position to adjudicate between CMC and BMSC on this issue.

We can only say that if they were confident that the witnesses were not aadil, then they were within their right for having rejected the testimony especially in view of it coming 8 days later.

(16) We are in disagreement with BMSC regarding their criteria for establishing adaalat. The duration of visibility of the hilaal, visibility conditions, position/shape of the hilaal, location of the hilaal, moonset, 'logical' impossibility of sighting, astronomical impossibility of sighting, etc. are irrelevant for establishing adaalat of the witnesses. These factors have no basis in the Qur'aan and Sunnah. At most they are products of opinion and could act as guidelines. Never could these factors be utilized to negate adaalat. The uprighteousness of a person is not reliant on these factors. The adaalat of a Buzrug of known and confirmed Taqwa may not be negated on the basis of these factors which are all extraneous to the Shar'i concept of adaalat. Factors such as donning un-Islamic dress, strutting around with a bare-head, deficiency in performing Salaat with Jamaa't, indulgence in futility, sport, and many other factors related to the moral domain are relevant for establishing or negating adaalat.

(17) Paragraph No.7 of BMSC's explanation reads as follows:
"Hazrat Mufti Taqi Usmani Sahib states: 'for when according to calculation it is impossible to sight the moon then according to the majority of the Ulama of today when logically it's impossible to sight the moon such a testimony will be 'muttahum' discredited and due to being discredited the testimony will be void, and you must not decide on such a testimony."
We respectfully differ with this view which is devoid of Shar'i substance. It is a view based on opinion and unsubstantiated by Shar'i facts. Logic and astronomy may not be used to refute, negate or discredit the testimony of an aadil man on the issue of Rooyat-e-Hilaal. Since this is a Mansoos rule, there is no scope for its abrogation nor for rejection on the basis of opinion, logic and astronomy. This is especially so when
the simplicity of the procedure to confirm a sighting by Rasulullah (sallallahu alayhi wasallam) is borne in mind. The opinion expressed by Hadhrat Mufti Taqi Sahib is incorrect since it lacks Shar'i daleel.

(18) We also disagree with the fatwa of Jamiatur Rashid for the same reasons stated above in No.17.

(19) In paragraph No.9 of its explanation, BMSC states: "On the night of 1st of Thul Hijjah, in Manchester, at Moulana Hashim Bharuchas house, in the presence of Moulana Shoiab Desai of Sheffield, and most of the imams and senior Ulama of Manchester, one of the most senior Muftis of UK when asked about these issues, very strongly said 'if you do not accept moonset and moonrise times then throw away your namaz timetables as they are sourced from the same place and as accurate as each other. If anyone is in any doubt of this they may observe the moonset and rise time for a month and they will find them to be accurate.'

We respectfully differ with the most senior Mufti of UK. The honourable Mufti Sahib did not apply his mind to the issue – the mas'alah pertaining to the commencement of the Islamic month. The fundamental principle of the Rooyat being established in terms of the Shariah by the testimony of aadil witnesses had escaped his mind.
Moonset and moonrise timetables are irrelevant in this regard. These timetables cannot override the Nass of the Shariah which unequivocally confirms the Rooyat of aadil witnesses. The analogy of Salaat timetables is baseless in the context of hilaal confirmation. The Mansoos Alayh principle for establishing the hilaal is actual Rooyat. The confirmation of the natural phenomena for establishing the times of Namaaz is not reliant on Rooyat. To commence Maghrib Salaat, physical sighting of sunset is not conditional, nor is physical sighting of the length of the shadow necessary for Zuhr and Asr
Salaat. Even the information of a non-Muslim regarding sunset, the direction of East, West, etc, is valid and may be utilized for initiating acts of ibaadat. Maghrib Salaat time commences immediately after sunset. If sunset is confirmed by any means whatsoever, Maghrib Salaat will be valid. It is not necessary to confirm sunset only by means of Rooyat.
There is no such principle in the Shariah. The Shariah simply states that Maghrib is after sunset. As far as the commencement of the Islamic month is concerned, the Shariah categorically ordains Rooyat of the Hilaal. There is no other phenomenon commanded by the Shariah for commencing the Islamic month.
Birth of the moon, moonrise, moonset or presence of the moon in its orbit or any other phenomenon have not been fixed by the Shariah for beginning the Islamic months. The only valid act for this purpose is Rooyat of the Hilaal. Thus the analogy presented by the venerable Mufti Sahib is not valid.

(20) The method for confirming Roooyat is as old as Islam. It is not a new development. It is therefore surprising and lamentable to observe the failure of the Ulama to resolve this perennial controversy by adoption of the simple method of Rasulullah (sallallahu alayhi wasallam). The hilaal issue has been made unnecessarily intractable. When the simple methods of the Shariah are ignored, we become saddled with the punishment of discord and dispute.

In conclusion, we reiterate that we are not adjudicating in the dispute between Hizbul Ulama and Wifaaqul Ulama.

BY: Mujlisul Ulama of South Africa, PO Box 3393, Port Elizabeth, 6056, South Africa

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What does Masjid e Umar of East London have to say?

Who do they follow?

Why do they follow them?

Why did the head of Darul Uloom Deoband leave a particular Masjid after spending the whole of Ramadhan there and end up doing Eid with Masjid e Umar?

Is there a connection to the Salah times too?

Masjid e Umars view on hizbul ulama.

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Wrong judgement causes chaos in Ramadhan timetables


Mufti Rasheed Ahmed Ludhyanvi, Mufti Taqi Uthmani, Maulana Zakariyah Kandalwi, and many more give their opinions on the timings of Salah.

Analysis of Salah Time tables

http://www.masjideumer.org.uk/Moon%2520Sighting/AnalysisOfSalahTimeTables_byShoyaibNurgat.pdf

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Mufti Saeed Palunpuri explains what it means to witness the moon.

He mentioned the aayah of the quran, همصيلفرهشلامكنم دهشنمو (And whoever of you witnesses the month, let him fast it)

The word دهش means to witness something. Witnessing requires that a person observe something with their senses. If it is a thing which is spoken, the witnessing of it is with the ears. If it is something that is seen with the eyes, the witness to it must have seen it with his eyes. If it is a thing that is tasted, the witness to it must have tasted it with his own tongue. If it is something that is smelled, in order to witness it, a person must have smelled it with his nose. If it is something that is touched, in order to give witness of its feel, the person must have felt it.

You cannot witness that something smells a certain way, after only having looked at it with the eyes.

So now we are ordered to witness the month. And the question is, which of the five senses do we witness the month with?

Can you touch the month of ramadan? Can you hear the month of Ramadan arrive? Can you taste the month of Ramadan with your tongue? Can you smell a month with your nose? None of these 4 senses allow us to observe directly the month of Ramadan.

Rather, the witness of the month of Ramadan is to see with the eyes the moon of the first night of Ramadan. Only after seeing that, we could give testimony that we have seen that it is the month of Ramadan.

This meaning is confirmed, and none of the other meanings is even possible.

So from this single word in the Qur'aan, the entire debate is clearly and conclusively settled and two meanings are not even possible in the discussion.

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The Jamme Ghafeer Rule

The Jamme Ghafeer rule as explained by the leading jurists of this Ummah

1 is considered an important principle by the Wifaqul Ulama. If the hilal is sighted in clear conditions, meaning the skies are clear and there are no obstructions such as clouds, mist or pollution, then a testimony of a large group of Muslims will be needed to accept a claim of a sighting. This rule will remain in force if the hilal is sighted here in the UK or any other country. This principle appears in most of the books of Hanafi jurisprudence. Below are some of the writings of the Fuqaha (jurists):

لٔٛم ثلا عهخ ج عً عظٛى ٚمع انعهى( انششعٙ غهجخ انظ )ثخجش ىْ يف ضٕ إن سا الإيبو ي غٛش رمذٚش ثعذد( عه ان زً تْ۔

 

)دريختار كتاب انص وٌ- جهذ 3 ص 414 / يختصزانقذ رً يع انشزح ص 224 ، نعلايو اد ذًانقذ رً ه

إٔرا نى رك ثب نغ بًء عهخ نى رمجم انش بٓدح دز ٚشا ج عً كثٛش ٚمع انعهى ثخجش ىْ

 

.. لأ انزفشد ثبنش ٚٔخ ف يثم زْ انذبنخ ٚ ىْٕ انغهػ

فٛجت انز لٕف فٛ دزّ ٚك ج عًب كثٛشا

 

. )ىذايو- جهذ 1 ص 125 ، نعلايو عه بن أب بكزان زًغيناني ىجز 592 / ن رٌالإيضاح

)

 

ص 167 ، نعلايو دسن بن ع اًرشزنبلان ىجز 1469ٍ / يزاق انفلاح ص 236

إٔرا نى رك ثبنغ بًء عهخ نى رمجم انش بٓدح دزٙ ٚشا ج عً كثٛش ٚمع انعهى ثخجش ىْ لأ انزفشد ثبنشؤٚخ فٙ يثم زْ انذبنخ ٚ ىْٕ

انغهػ فٛجت انز لٕف فٛ دزٙ ٚك ج عًب كثٛشا

 

... .. ثى لٛم فٙ دذ انكثٛش أ مْ ان هًخ عٔ أث ٚ عٕف سد الله خ غً سجلا اعزجبسا

ثبنمغبيخ لٔا فشق ثٛ أ مْ ان صًش ئ سٔد ي خبسج ان صًش۔

 

)فتخ انقذيز جهذ 2 ص 328 ، نعلايو إبن ى اًو دنف 861 ىجز (ٍ

ششٚعذ يمذعہ يٛں چب ذَ ك سؤٚذ كٛهئے لب ٚہ ےْ كہ اگش

 

(29) ا زَٛظ ك ساد ك يؽهع ثبنكم صبف ر پ شٓ جى غفٛش ك سؤٚذ س صٔ ا سٔعٛذ كٛهئے ظش سٔ ےْ. جى غفٛشک رعذاد کے ثبسے يٛں يخزهف ال إل رخٛش فم يٛں دسج ہٛں ثعط عے

پچبط ا سٔثعط عے پب چَ عٕ غٔٛش يش ہٛں انجزہ ايبو علاي إث عبثذٚ شبي سد الله ےَ رعذاد عے لؽع ظَش كشکے

)

 

لبظ کے يؽ ئً ےَْٕ ك رشجٛخ د ےْ نٛك لبظ كب اؼ ًٛ بُ ث د ششائػ کے عبر ہٓ يشش غٔ ےْ ) 1( ايكب سؤٚذ ) 2

كثشد ش دٕٓ

 

.. اعهئے صبف يؽهع کےد سٔا رٛ ٚبچبس آديٛ ںٕ ك گ إ بَ لبثم لج لٕ ےْ-كذافي ردان خًتار جهذ 2 ص 141

) )

 

فتا دقانيہ جهذ 4 ص 137

ع پچبط ہَ عہ كى اص كى پچٛظ رٛظ آديٙ ر ںْٕ ج چب ذَ دٚك ٛٓں

 

- دكٛى الأيذ دعشد ر بٓ لذط عش نك زٓے ہٛں-

اگش يؽهع صبف ر د چبس آديٛ ںٕ کے کہ ےُ ا سٔ گ إ دٚ ےُ عے ث چب ذَ ثبثذ ہَ گْٕب چب ےْ سيعب چب ےْ عٛذ

انجزہ اگش ار كثشد عے ن گٕ اپ بُ چب ذَ دٚك بُٓ ثٛب كشٚں كہ دل گ إ دٚ ےُنگے كہ ٚہ عت کے عت ثبد ث بُكش ہَٛں آئے ہٛں

)

 

 

ار ےُ ن گٕ ںٕ كبج ٹٕٓب بَْٕ كغ ؼشح ہَٛں عْٕكزب رت چب ذَ ثبثذ گْٕب- )بہشت سي رٌ دصہ 3 ص 6/ عهى انفقو جهذ 3 ص 425

شٛخ انذذٚث شٛخ يذ ذً صكشٚب لذط عش د جُه فم ك يعش فٔ كزبة ان غً

 

)جهذ 3 ص 157 ( عے مَم كشرے ہٛں۔ لٔبل أث دٕ ُٛفخ

رد وً الله

 

 

فٙ انغٛى كم نٕ بُ فٔٙ انصذ لا ٚمجم الا الا عزفبظخ لأ لاٚج صٕ أ ر ظُشانج بًعخ إن ان ؽًهع أٔثصبس ىْ صذٛذخ أن إً عَ

)

 

 

يشرفعخ فٛشا أدذ د انجبلٛ ۔ٍ )ا جًشان سًانك جهذ 5 ص 21

These jurists include Imam e Aazam Abu Hanifa RA, Allamah Shaami RA and Allamah Ibn Humaam RA.

The conclusion of all these quotes/writings is that when there are no obstructions in the skies then the testimony of a large group of Muslims will be needed to accept a claim of a sighting, so that no doubts remain in the sighting. This rule is the same, whether one is in a city or a village or out of the city or village.

How will the size of this group be determined? There are many opinions, some say fifty, and some say five hundred; Allamah Shaami RA has stated that this will be dependent upon the discretion of the Qadhi (judge), but there are two conditions attached to that: 1) possibility of sighting 2) a large number of witnesses.

Hadhrat E Aqdas Moulana Ashraf Ali Thanvi RA wr

ites: “If the skies are clear then the testimony of two or four people will not be sufficient, whether it is for Ramadhan or whether it is for Eid. On the other hand, if

so many people came forward with testimonies, that it becomes clear that they are not lying, nor can such a large group lie, then the testimonies will be accepted and the new month will commence".

However, there is an exception when one claims a sighting in the desert or at a high place. The testimony of one person could be accepted, as very few people reside there or go there.

There are people who have misunderstood

' ٘سبذصنا ' as a township or a rural village but this is incorrect as the interpretation of ‘انصذبس٘ ’ is desert or wilderness (bayaabaan in Urdu), where people do not normally reside. Therefore, if a person came from a desert or desert type land where people do not reside, or he was the only person on a very high place in the city, his testimony could be accepted. Allamah Ibn Abideen Shaami writes in his Rasaail3:

ثى مَم ف انجذش مَ لٕا رذل عه أ ظب شْ انش أٚخ اشزشاغ انعذد لا انج عً انعظٛى لبل أنعذد ٚصذق عه اث ُٛ فكب يشجذب

نش أٚخ انذغ انزٙ اخزش بَ بْ ا زَ ٙٓ )ثى( مَم زْا إرا كب انز ش ذٓ ثزانك ف ان صًش أيب إرا جبء ي يكب اخش خبسج ان صًش فإ رمجم ش بٓدر أ ان إدذ إرا كب عذلا ثمخ لأ ٚزٛم فٙ انشؤٚخ ف انصذبس يب لا ٚزٛم فٙ الأيصبس ن بً فٛ بٓ ي كثٛشح انغجبس كٔزا

إرا كب فٙ ان صًش فٙ ي ظٕع يشرفع.

 

)رسائم إبن عابذين جهذ 1 ص 235

It becomes very clear from what Allamah Shaami RA writes that the word

صذبس٘ is a احترازى قيد (condition of caution), hence the meaning of ‘outside the city’ is a desert not a rural village. The gist of what he writes is that the testimony of a person who comes from the desert, where no one else resides, will be accepted. This is because sighting the hilal in the desert is easier than in the city or a village, because of clear atmospheric conditions. Furthermore, in a city or a village, it would be necessary to question whether other people had seen it or not whereas this issue would not arise in the desert, as there are no inhabitants there. However, differentiating between the city and the village is incorrect, illogical and no evidence could be found to support this.

‘Ruyat e Aamah’

(sighting by a large group) is encouraged in the Sahih Hadith:

Ibn Umar RA relates from Nabi that there are twenty-nine nights in a month, do not not fast until you see it (the Hilal), if it is hidden from you then complete thirty days.

The word in the Hadith

فلا رص يٕ إ, رش أ is a plural which can mean that when a lot of people sight it (the hilal), then fasting should begin. The practice of our Pious Aslaf clearly indicate that they insisted upon the ‘Ruyat e Aamah’ i.e. a large group as could be understood by this Athar (اثش )5:

- لهذ نعؽبء: أسأٚذ ن أ سجلا سأ لْال سيعب لجم ان بُط ثهٛهخ أٚص وٕ لجه ىٓ أ ٚفؽش لجه ىٓ

 

؟ لبل لا، الا ا ٚشا ان بُط، أخش ) أ ٚك شج عهٛ .ّ )يصنف عبذانزساق، باب كى يج سٌين انشي دٌعه رؤيةانيلال ج 4 ص 134

‘

Ataa was asked that if a person was to see the Hilal of Ramadhan a night before the others could see it, should he fast before them, or should he celebrate Eid before them?

He replied ‘No, not until the people (ان بُط ( see it. I fear that he is mistaken’.

From this Athar (اثش ) we become aware that a sighting by a single person could be doubtful, hence other people should also sight the hilal. We also become aware through the Hadith of Ibn Umar RA and the Athar that there is no difference between sighting the Hilal in the city and sighting it in the village. It is unfortunate that the news coming out of Saudi Arabia does not adhere to this condition of ‘Jamme Ghafeer’. The reality is that in Saudi Arabia, ‘Ru’yat e Aamah’ )sighting by a large group( is never achieved despite millions of Muslims residing there, and visiting there on occasions of Ramadhan and Eidain. Whereas, in the era of Nabi in Madinah, ‘Ru’yat e Aamah’ was common, except on the one occasion when the ‘A’araabi’ (villager) gave testimony. (Remember that this was the era of our Nabi and the pious Sahabah, the witness was a Sahabi and the Qadhi was Nabi himself. This was an era when lying was unheard of. Today, lying and dishonesty have become very common, determining the month of Ramadhan and the day of Eid has degenerated into gambling. Therefore, there is a great case/need for Ru’yat e Aamah to remove any doubts about the testimonies we receive.

Hadhrat Mufti Abdur Raheem Lajpuri RA writes: If the skies are clear the testimony of the two or four will not be enough. A testimony of such a large group is essential to the extent that the Qadhi, Aalim or Mufti is fully confident and satisfied that the hilal has been sighted, and no doubts remain.

‘Imam Abu Hanifa RA states that a large group is essential when the skies are clear.’

The Shariah Ruling as regards to the Moon of the two Eids according to Mufti e Aazam of Pakistan, Mufti Muhammad Shafi Saheb RA and the Akaabir Ulama of the time was: “If the Moon was not sighted by a large group, only two or four people observed it, and this was when the horizon was clear, there were no clouds or smog, then the sighting testimony of these two or four people will not be acceptable. Until a large group does not give testimony in this condition, the claim of sighting will not be acceptable. The testimony of the two or four will be seen as a mistake or a false testimony.” This ruling was signed by: Hadhrat Mufti Muhammad Shafi Saheb RA, Hadhrat Moulana Zafar Ahmad Uthmani Saheb RA, Hadhrat Moulana Muhammad Yusuf Binnori Saheb RA and Hadhrat Moulana Mufti Rashid Ahmad Saheb Ludhyanwi RA.

The conclusion derived from all these references given is that

‘Jamme Ghafeer’, ‘Ruyat e Aamah’ or the sighting by a great number of people is necessary when the skies are clear, and Ramadhan or Eid can only be observed after such a sighting has been made. Unfortunately, Saudi Arabia, despite having clear skies the majority of the time and despite having millions of people attempting to sight the hilal, fails to fulfil this criteria. Only a few people, who are renowned as claimants year in and year out, seem to sight the moon. Further, these claims often tend to come at a time when the Hilal is impossible to sight, as it has not been born as yet, or it is in its early stages. This is the reason why the Wifaq ul Ulama has taken the cautious approach; instead of depending upon ‘impossible’ or ‘doubtful’ Saudi claims, we verify them through local sighting and by communicating with countries where a cautious approach is taken in the form of actual sighting, and where strict Hanafi principles are practiced. Although Morocco follows the Maliki school of thought, their principles on moonsighting are very similar to those of the Hanafi school of thought.

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http://www.wifaqululama.co.uk/articlespdf/WifaqBook_June2010.pdf

Detailed Explanation of Who, What, Why and we need the correct information.

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As we understand from the fatwas from the majlis, the testimony of an aadil person over writes any scientific calculations. According to the news article below, we seem to have a disagreement too.

Were the Saudi witnesses Aadil?




Astronomer threatened with lawsuit for doubting Eid moon sighting

By MD HUMAIDAN | ARABNEWS

Published: Sep 3, 2011 23:40 Updated: Sep 3, 2011 23:40

JEDDAH: A number of conservative scholarshavethreatened to sue Saudi astronomer and scientist Khaled Al-Zaaq for doubting the testimony of citizens who reported to the Hilal panel (moon sighting committee) that the Shawwal crescent was visible on Ramadan 29 (Aug. 29).

After confirming the veracity of the sighting by the people who had reported to the panel, the committee declared the end to the fasting month of Ramadan and signaled the advent of Eid Al-Fitr the next day (Tuesday).

The threatsof action cameamidstanongoing debate between Muslim scholars and astronomers about the possibility and probability of sighting the moon on Aug. 29. The astronomers claim the moon could not be sighted on that day as it had eclipsed before sunset.

According to the Islamic calendar, the Arabic months can be either 29 or 30 days long. On many occasions, Eid has been celebrated after only 29 days of fasting.

But this year the debate turned heated after Al-Zaaq was widely quoted by local press and electronic sites that there was no way to sight the crescent on the night of Ramadan 29, thus casting doubts on the testimony of those who claimed to have seen it.

The purists said the astronomer should not have cast doubts on the testimonies of the people who sighted the moon because their antecedents are checked before their word is accepted. Those who call in after sighting the moon are known for their integrity and straightforwardness.

A number of Saudi astronomers had issued press statements claiming that the moon could not be sighted while renowned Islamicscholars defended the testimonies of the people who sighted the moon and said Eid came at the right time.

Grand Mufti Sheikh Abdul Aziz bin Abdullah Al-Asheikh in his Friday sermon at Imam Turki bin Abdullah Mosque in Riyadh described those who doubted the moon sighting as "motivated and deviated people with foul mouths."

"There are unjust pens and foul tongues that cast doubt on our religion which should be silenced. We are strictlyfollowing theSunnah of our Prophet in fasting and marking Eid days," he said, accusing the doubting astronomers of trying to impose their opinions on the nation.

The Mufti said the Shariah was clear in the procedures of moon sighting and added that Muslims would never give up the Sunnah for false opinions.

The moon was very clear the next day and was seen in various areas on Tuesday night. Thissupported the stand of those who said they had sighted the moon on Monday evening.

A number of citizens in the western Al-Ais area said they were able to sight the moon on the night of Monday for half an hour. Their testimony contradicts the claims of the astronomers who said that the moon could not be sighted.

http://arabnews.com/saudiarabia/article497239.ece

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Saudi Arabia's Mistake in Announcing Eid al-Fitr Angers Muslims Worldwide (ACCORDING TO SHIA NEWS)

http://english.farsnews.com/newstext.php?nn=9006110174

TEHRAN (FNA)- The Jeddah Astronomy Society's mistake in sighting of the new moon in Saudi Arabia has angered the many Muslim nations who followed suit and pronounced Tuesday as Eid al-Fitr wrongly.

The society had said that people actually saw the planet Saturn and not the crescent moon that marks the beginning of the Islamic month of Shawwal.

Hatem Auda, director of the National Institute for Astronomical and Geophysical Research, had said that astronomical calculations by scientists of the institute noted that the first day of the Eid was Wednesday, August 31, making Tuesday, August 30 the last day of Ramadan for the Hijri year of 1432.

Various news agencies such as Al-Arabiya and Aljazeera have also reported that the planet Saturn has been mistaken for the Hilal (crescent moon), and this means that what was announced as the first day of Eid al-Fitr was supposed to be a day of fasting, rather than celebrations.

According to the Aljazeera report, the source of these problematic Hilal-sighting is from Sudair, a region located approximately 150km North of the capital Riyadh, Saudi Arabia.

The vice-president of Jeddah Astronomy Society reassured that it is impossible to view the Hilal with the naked eye.

Saudi government officials have reportedly apologized to their nation and said that they would pay Kaffarah (an amount of money paid as expiation for breaking the fast during the holy month of Ramadan) for the entire Saudi nation.

While a number of Muslim countries like Iran announce the new crescent only on the basis of frequent sightings by the people, astronomy societies and clerics inside their borders, many others rely on the sightings done by Saudi Arabia and announcement of the Eid crescent by Riyadh.

Thus, those Muslim nations who have followed the Saudi suit as usual and celebrated the last Tuesday as Eid al-Fitr are now angry with the Saudis as Eid al-Fitr is the biggest Eve for the worldwide Muslim community.


ALLAHU ALUM. I'm just passing the news on.

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Where the Tablighees went wrong.

Mufti Ebrahim Desai (Mufti, South Africa) states that following Saudi Arabia is
an open munkar and wrong (2007)

Part of the answer is below.

All the Mufties are unanimous on the open and glaring discrepancies of the Saudi criteria
of commencing a lunar month. There are innumerable Fatawa on that. You have also
quoted the prominent and leading Darul Iftaas and Mufti’s Fatawa on that. This was also
a unanimous decision by all the senior Ulama of UK in 1975 in the presence of Sayyid
Mufti Abdur Rahim Lajpur Saheb. This is clearly recorded in Fatawa Rahimiyyah Vol 9 (old
edition) and Vol 10 (new edition). The resolve was to go by local moon sighting if possible
or accept the rooyat of a place where sighting is conducted according to Shariah.
Alhamdulillah some of the signatories on that fatwa are still alive and residing in.
It is fard upon the Ulama and senior people of to correct the open wrong of following
Saudi announcement of the lunar month.
It is disturbing to note that responsible people of the Tabligh Jamaat are thwarting the
efforts of Ulema e Haqq on Nahi Anil Munkar (stopping the wrong).
This attitude has been one of the two biggest concerns of Hazrat Maulana Ilyas Saheb
(R.A) before his death.

He expressed his concerns to Hazrat Mufti Shafi Saheb (R.A) that when non Ulema lead
this effort and non-Ulama are given prominent positions in tabligh, they will lead the
people astray. (Taqrir Tirmidhi Vol 5).

In the discussion of the imbalances of Tabligh Jamaat, in the above quoted reference,
Hazrat Mufti Taqi Uthmani Saheb Madda Zillohu states that:

The ignorant people engaged in this effort become Muftis and also issue Fatwas.
If responsible people of Tabligh Jamaat conduct themselves in a irresponsible manner as
explained by yourself, then that is a complete disservice to Deen. The elders of the
Markaz who are non-Ulama are engaged in “Fatawa” which is beyond their jurisdiction
and ability. That is extremely dangerous for the ummat.

One can understand the consequence of following the Fatwas of ignorant people and
becoming an obstacle in propagating Haqq and stop wrong. They cannot claim being
characterized by Amr bil Maroof and Nahi anil Munkar which is the salient feature of the
noble work of da’wah and tableegh.

The full answer can be found here
http://www.wifaqululama.co.uk/fatwaspdf/Following_Saudi_For_UK.pdf

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Mufti Ebrahim Desai (Mufti, South Africa) states that following Saudi Arabia is an open munkar and wrong (2007)

It is the responsibility of every Muslim of UK, Ulama, Trustees of the masaajid
Organizations and masses to be firm on Haqq and not to compromise on this. Following
Saudi is a Munkar and an open wrong.

http://www.wifaqululama.co.uk/fatwaspdf/Following_Saudi_For_UK.pdf