31 days for Zil Hajj month???

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By Shaikh M. Ibrahim Memon

One only has to say Ramadan and you envisage many things. The first of them moonsighting, and then the altercations, and the incessant squabbling that resound in the masajid and the communities throughout the beginning and the end of the month of Ramadan.

In the issue of moonsighting there are two roles. The first role is that of the eminent scholars who have always been the well-wishers of the ummah. They aspired to take out confrontation and sectarianism from the concept of moonsighting. They make efforts every year to bring this matter to a consensus and to unify the communities and masajid on one decision. We have seen, though, that their efforts have fallen on deaf ears with little to no difference on the outcome of each coming Ramadan.

The second role is played by those who put aside intellect and judge matters based on their emotions. The result: they remain stubborn on their personal opinion though it may clearly contradict the Qur'an and Sunnah. People are forced to follow their opinion to the extent that one who disagrees with it becomes a social pariah. There is no accountability if these emotional people backbite him, falsely accuse him, or swear at him as if it is permissible. Sometimes it goes to the extent of physically abuse for his difference of opinion and worse, the one who beat him actually thinks he is performing a good deed.

In essence, a purely juristical Islamic issue becomes the playground of a few people who try to solve and settle it with emotions and fieriness. It is relegated from an Islamic issue to a personal one. Differing with an opinion translates to an attack on the individual who holds that opinion. The result of this is self-evident. A day of one of the most sacred worships in Islam and two days of celebration of the ummah are transformed (by Shaytan) into three days of disunity and chaos.

This is why it is important to analyze this issue of moonsighting through the Qur'an and Sunnah. That way, every Muslim can establish his position according to the Qur'an and Sunnah and likewise know the position of others based on the evidences used to support their position. Following are a few points that are discussed that will help us reflect on this issue and will alleviate, if not eliminate, the schisms and simmering tensions between both parties and most importantly, help us open our minds to the opinions of others. And this is not difficult for Allah .

One thing we can all agree on is that the months of the Islamic calendar are based on the moon. There is also no disagreement that an Islamic month will be either 29 or 30 days; it can neither be less than 29 days nor more than 30 days. The question here is: How do we determine the beginning and end of the month? The following are the various opinions of how and when to begin a new month: 1) Some people follow astronomical calculations. They say that the birth of the new moon determined by the astronomical calculations will determine the beginning of the new moon.

2) Some people are of the view that the moon sighted anywhere in the world will initiate the beginning of the month for all Muslims.

3) Some people follow the moonsighting of Saudi Arabia. Therefore, the moon sighted elsewhere, in their view, will not determine the beginning of the new month. This has created a nationalistic tendency amongst Muslims of different ethnic backgrounds. A Pakistani may say I will only follow the moonsighting from Pakistan or from a person of Pakistani descent or a Turkish may say I will only accept the moonsighting of a turkish or the beginning of the new month when it is officially declared in Turkey.

4) Some people believe in following Saudi Arabia for the month of Zil-Hajjah only and local moonsighting for the remaining eleven months.

5) Some people believe in local moonsighting which means that the the new month will not begin in their area until the moon is sighted in their own or surrounding areas even if the moon is sighted elsewhere in the world.

1. Astronomical Calculations

Determining the beginning and the end of a new month through astronomical calculations is unfounded in the Qur'an and Sunnah. The standard in the shari'ah for discerning the beginning of a new month and the end of the last month is based on actual moonsighting. Which means that if the moon is not sighted, the month will be completed with thirty days. In the ahadith, the Blessed Prophet incessantly put emphasis on this:

Do not fast unless you see the moon, do not break your fast until you see the moon. (Bukhari H.1773, Muslim H.1795, Nasai H.2093, Abu-Dawood H.1976, Muatta Malik H.557)

Meaning that if you do not see the moon, then do not begin the month of Ramadan and likewise, do not celebrate the Eid until you sight the moon. In another hadith the Blessed Prophet clearly prohibited the use of calculations. He said:

We are an illiterate nation. We do not write or calculate months. He said it is like this, this, or this. So saying, the Blessed Prophet lifted his hands three times with all fingers spread the first two times and the thumb hidden the third time to indicate 29 days. Then he said the month is like this, this, and this and again lifted his hands three times, this time all fingers spread out each time to indicate 30 days. (Muslim H.1806, Bukhari H.1780, Nasai H.2111, Abu-Dawood H.1975)

In this hadith, The Blessed Prophet certainly doesn't mean to say that this is an ummah of illiterates, but rather he is emphasising their simplicity of not being educated in the subject which we are discussing. The purpose behind this is to declare that we do not know calculations nor are we going to use this method to figure our months. This is a universal religion. Anyone from anywhere can follow it wherever he may be. If the system was based on calculations, the decision of millions of people would be in the hands of the few who would decide when the month begins and when it ends. Instead, Islam based the lunar calendar on moonsighting so that even bedouins, who are out of touch with most modern sciences and technologies, could sight the moon and know when the month begins and ends.

This may raise a question in the mind of many that if Islam is all about simplicity, then why do we use time tables for salah and depend on the calculations which produce those time tables. This is an important question because the answer to it will prove how Islam is indeed a universal religion and will also reveal the most fascinating miracle of the Blessed Prophet . To understand this we need to remember that in Islam, the beginning and end of the month rely on the sighting of the moon while the salah timings are based on the movement of the sun.

Calculations to this day have not been able to inform us of when the moon can first be sighted; the only thing known to us from the calculations is when the moon is born. And we as humans cannot see the moon immediately after its birth. How many hours does it take before the moon can be seen? Sometimes it can be seen after 14 hours and at other times it cannot be sighted even after 20 hours. This is because there are many different factors which contribute to the sighting of the moon.

The sun is different. During the day, the sun is very easily seen every day except for when the skies are overcast. This is one difference between the sun and moon. Another big difference between the two is that the sun runs on a set path that is the same each and every year. For example, if one measures the time of the rising and setting of the sun on the first of January, 2005 he will find that is no different from the time of the rising and setting of the sun on the same date, one year before or after. And if one measures the time of the rising and setting of the sun on the same date ten years later it will still be no different from the time the sun rose and set on January 1, 2005. So if one person notes the movement of the sun one whole year and makes a time table out of his observations he could continue using that time table for the rest of his life. And in reality this is exactly how the time table for the salawat was made. Once this time table was produced, there was no need to repeat the process of observing of the sun.

The moon in this aspect is a very different case. If Ramadan was 30 days this year, it won't necessarily be 30 days the next year or the year after that. And this highlights the miracle of the Blessed Prophet that he prohibited the use of calculations and formulas to determine the birth of the moon (nor do we write nor do we make calculations), but didn't include under this order the movement of the sun. How was the Blessed Prophet to know 1,400 years ago of the consistency that was in the movement of the sun and that, despite the latest breakthroughs in astronomical data and calculations, no one would ever be able to read the exact time of the sighting of the new moon.

In summary, it is not possible nor has the Shari'ah allowed the Islamic lunar calendar to be based on calculations. This has never been permitted and has been the consensus of the Ummah. Though, this much can be said that Islam does allow using astronomical calculations to aid in moonsighting. For example, it can be helpful in providing us the approximate timings to when the moon will be most likely visible, or the age of the moon at the time of the setting of the sun, or at what time the moon will set.

2. Universal Moonsighting

The second opinion is that wherever the moon is sighted in the world, whether it be for the beginning or the end of the month, all Muslims are obligated to accept that moonsighting for the beginning (or end) of the new month. If we review the ahadith, we find it certainly accepts the possibility of this opinion. For example, it says in the ahadith:

Upon seeing the moon, begin your fast and upon seeing the moon, end your fast (meaning, make your next day the day of Eid). (Bukhari H.1776, Muslim H.1809, Tirmizi H.620, Nasai H.2088)

It could be said that this means that wherever the moon is sighted, Muslims all over the world will begin or end the month. Thus, many people of this opinion use these type of ahadith to support their claim that wherever the moon is sighted, every Muslim around the world should begin the new month. But if we look at this practically and realistically we see that few actually act upon this opinion because those who do follow this opinion use it as back-up evidence to prove that we should only follow Saudi Arabia. When news of moonsighting reaches them from any other part of the world, they do not accept it.

Secondly, this opinion is very impractical. Who is going to keep constant watch on 200+ countries around the world, receive incoming reports of moonsighting, and filter the false reports from the true reports? For this reason, none of the Islamic countries follow this opinion. Even Saudi Arabia does not accept reports of moonsighting from other countries. Therefore, it is impractical for many reasons.

A few years back, when Morrocco reported moonsighting before Saudi Arabia, I asked some of our brothers who were of this opinion to accept this announcement. They said: We are going to wait for the moonsighting announcement from Saudi Arabia. No one gave any consideration to the moonsighting announcement in Morrocco. Even some years before that, there were official moonisghting reports from Italy. Nobody gave this report any serious thought. Instead, they waited for the announcement to come from Saudi Arabia. Similar was the case with Libya whose sighting was also rejected in lieu of Saudia Arabia's moonsighting announcement.

This clarifies the point that this opinion is not in practice. Nobody has actually ever attempted even a single time to establish that everyone should start the new month because of a moonsighting somewhere else in the world.

3. Following Saudi Arabia

The third opinion is that we should follow Saudi Arabia. From the Shari'ah point of view, there is no evidence for this in the Qur'an and Sunnah. There is only the emotional argument put up by some that: Since Saudi Arabia is the birthplace of Islam or it is where the Blessed Prophet lived therefore it should be recognized as the prime decision maker in such important matters.

Aside from having no basis in Shari'ah, this opinion is problematic in another way too. What if the moon is sighted elsewhere before it is sighted in Saudi Arabia? What are the Muslims of that region suppose to do? If they wait for the announcement to come in from Saudi Arabia, they would be violating the directives of the ahadith which clearly state that fasting and breaking the fast should begin from the moosighting. On the other hand, if they follow their own moonsighting, they would then be ignoring Saudi Arabia, whether it is for Ramadan, Eid-ul-Fitr or Eid-ul-Adha. Therefore, to follow along with the moonsighting of Saudi Arabia is incorrect.

Since the promulgation of this opinion, Muslims from other countries have sought to do the same. For example, Pakistan performs their own local moonsighting. They may argue that since Saudi Arabia goes acording to its moonsighting then we will also go with our own moonsighting, we don't need to follow any other country. Who is to tell them there is no proof for their opinion or for your opinion.

Many of those who follow the moonsighting of Saudi Arabia also say that the Hajj takes place in Saudi Arabia; therefore, we should follow their moonsighting. This type of argument has no evidence in the Shari'ah either. If somebody does base the body of their claim on this evidence then prays his salah according to the timings of Saudi Arabia, everyone would understand the extent of the waywardness of this daleel. Again, the main problem that rises in this viewpoint is that if the moon is sighted elsewhere before it is seen in Saudi Arabia then what are they to do? The Saudi's for sure will not follow their moonsighing; therefore, that is completely out of the question.

This opinion is centered around the argument that the day of Arafah is followed by the day of Eid. Therefore, all Muslims of the world should celebrate the Eid following the day of Arafah in Saudi Arabia. This argument is not only bereft of any evidence from the Qur'an and Sunnah but, in fact, evidence from the Qur'an and Sunnah is to the contrary.

Eid-ul-Adha was established in Islam in the 2nd year of hijra and the first Hajj in the Islamic calendar was performed in the 9th year of hijra. This means that for nearly seven years the Sahabah celebrated Eid and slaughtered their animals even though the Hajj had not yet begun. If the day of Eid was associated with the day of Arafah the way some think it is, then both would have been brought into the Shari'ah at the same time. Never in the history of Islam has any Islamic country tried to follow the moonsighting of Saudi Arabia based on the idea that their Eid should follow the day of Arafah, except only very recently.

Even more surprising than this is that the Blessed Prophet performed the Hajj only once after it was made compulsory. After that he remained alive for only three months. During that time, the moonsighting of Makkah and Medina were differing (for details, see the appendix in the end).

In brief, Hajj and Eid are separate and distinct from each other and aside from that they were introduced into Islam at different times. The Muslims who celebrate Eid, are not pilgrims and the ones who are, do not celebrate the Eid. The fuqaha (jurists), muhaditheen, mufasireen, and mujtahedeen have never tried to associate the two together the way some are trying to in our times.

4. Following Saudia for Zhil-Hijjah only

The fourth opinion is that we follow Saudi Arabia for the month of Zhil-Hijjah and local moonsighting for the remaining eleven months. The problems with this opinion are as mentioned above. In addition, this opinion has no evidence (daleel) from the Qur'an and Sunnah that some months should start in a certain way while the remainder months start in a different way.

Another problem that arises with this viewpoint is that sometimes the month of Zil-Qaddah has ended with 28 days which is a clear rejection of the ahadith (it has actually occurred in the previous years). Islamic months can only be 29 days or 30 days.

5. Local Moonsighting for All Months

The fifth opinion is that we follow the local moonsighting alone. This was the predominant method in the time of the Blessed Prophet and continued to be the only method used throughout the history of Islam. A narration of Ibn Abbas in Sahih Muslim indicates that this was the prevailing method in the time of the Blessed Prophet and was a part of the teachings of the Blessed Prophet to the Sahabah . The narration goes like this:

Kuraib narrates that Umm al-Fadhl sent him to Muawiya in Sham for something. Kuraib says I went to Sham and finished the job. I was in Sham when the month of Ramadan began and we saw the moon the night of Friday. When I reached Medina at the end of the blessed month, Ibn Abbas asked me about Sham. (After answering him) He then asked me when we saw the moon. I said: We saw the moon the night of juma. He said: did you see it as well. I said: Yes, I saw it too and many others saw it and we all kept fast and so did Muawiya (that is according to that moonsighting). Ibn Abbas said: But we saw the moon on Saturday night, therefore, we will keep thirty days fast according to that unless we sight the moon on the 29th. I said: You don't think the moonsighting of Muawiya and his fasting is enough for you. Ibn Abbas replied: No, this is how the Blessed Prophet taught us. (Muslim H.1819, Tirmizi H.629, Nasai H.2084, Abu-Dawood H.1985, Musnad Ahmad H.2653 Dar-qutni H.2234)

This hadith is clear evidence. When Ibn Abbas was informed by the person who himself sighting the moon that the people of Sham had begun Ramadan one day before, he responded that it was not only his opinion, but also the teachings of the Blessed Prophet that the moonsighting of another locality was not compulsory upon them.

Conclusion:

In summary, of the five viewpoints that have just been mentioned, only two are compliant with the Shari'ah.

1) One is the viewpoint that wherever the moon is sighted in the world, it is compulsory on all the Muslims in the world to follow it. The only condition to this is that the moonsighting cannot be limited to any one country. For example, it cannot be said that we will only accept moonsighting from this and this country and not other countries. This is regardless of whether the country is a Muslim or non Muslim so as long as those who sight the moon are Muslims. But as we mentioned before, nobody in our times has put this viewpoint into practice and the burdens of putting it into practice have also been mentioned.

2) The second viewpoint is that we follow local moonsighting. Not only is this way easy, but it is actually a continuation of the tradition of the Blessed Prophet and of the people after him throughout the history of Islam.

As-salamu 'alaykum,

I thought the thread was about Saudi announcing 31 days of Dhu 'l-Hijjah?

My source, an 'Alim in Saudi, has confirmed that there were 30 days of Dhu 'l-Hijjah. I'm sure it will be revealed soon. The confusion is due to people mistakingly overlapping the [official] Umm al-Qura calender with the ru'yah calender.

In any case, the debate about Saudi moonsighting has been discussed over and over again. I don't see the need to bring it up here again. It's best to keep all such posts on one thread for the convenience of others.

As for issue of differences, the very fact that the honoured 'Ulama have differed, makes it a matter of Ikhtilaf. I have also heard this from 'Ulama who are anti-saudi sighting. I'm sure you are aware that our blessed Akabir differed on matters which were far more serious and had even far-reaching implications than the current moonsighting issue (that's not to say it isn't a serious issue). Please note that I'm not here to debate with you on this issue, as I have no knowledge. I am neither anti-Saudi, nor pro. I follow the honoured 'Ulama whom I have trust in.

I've also noticed that people are selectively quoting Hadhrat Mufti Sa'eed Ahmad Palanpuri (may Allah lengthen his shadow over us).

Those people who are unable to remain within the boundaries of ikhtilaf should refrain from discussing such subjects on public forums. I have been dismayed at some of the comments made by people regarding our beloved 'Ulama. Some try to mask their comments by making indirect accusations or implications. May Allah forgive them.

Our Imam, Hadhrat Mawlana Rashid Ahmad Gangohi (may Allah shower him with mercy) would say that those who insult and speak ill of the 'Ulama, their faces are turned away from the Qiblah in the grave. May Allah save us from such a fate.