Argument 1 (Taqleed):
If someone claims that they follow the Hanafi Madhab then all the injunctions of the Madhab are binding upon them i.e. they cannot chose to say “Ameen silently”, “Not do Rafa Al-Yadain” etc and then ignore moonsighting.
The Hanafi Madhab has a very clear position on moonsighting:
- When its cloudy THEN the testimony of 1-2 people can be accepted
- When its not cloudy THEN testimony of 1-2 people will NOT be accepted and the testimony of "Jamme-e-Ghafeer (a large group)" will be required. In other words when there are clear horizons a large group must testify that they have seen the moon.
What is "Jamme-e-Ghafeer (a large group)"? This has differed amongst Fuqaha with some Ulama saying 40 people and so on but it is certainly a number of people which makes the news of moon sighting CERTAIN and BEYOND DOUBT.
If you look at it logically it makes perfect sense i.e. on a clear day many many people will see the moon.
There is NEVER ANY PUBLIC moon sighting in Saudia, EVER! Groups of Ulama in Madina reported NOTHING this year at all.
Saudi universities and centers of Astronomy with their powerful telescopes reported NOTHING this year at all.
World-wide universities and centers of Astronomy with their powerful telescopes reported NOTHING this year at all.
If you choose to follow the Hanafi Madhab on saying "Ameen Silently" but chose to follow your own desires on moon sighting rather then the teachings of the Madhab, then let this be on your head on the day of judgement.
If an Alim chooses to follow the Hanafi Madhab on saying "Ameen Silently" but chose to follow your own desires on moon sighting or gives a Fatwa of this nature then this opinion and Fatwa is also be REJECTED!
Fortunately the Hanafi Ulama of UK/South Africa/India/Pakistan/Burma/SriLanka are UNITED on the issue of Saudi moon sighting not to be applicable for British Muslims.
http://www.wifaqululama.co.uk/
There isn’t a SINGLE HANAFI Scholar of any repute or understanding in the world who has given a Fatwa otherwise. So then you must ask, “Why do Darul-ulooms & Masjids in UK still follow Saudia?”
That’s a good question for you to investigate and ask!
In the Hanafi Madhab, in the face of such overwhelming Fatawa it is incorrect to abandon “Taqleed” and chose to follow something which has no backing.
Jazakullah Khairun