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Local Sighting Fatwa, The Only Solution

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Bismillah

It is that time of year again when all the Muslims in the UK are split down the middle about when Ramadhan starts.  This is the most frustrating time of the year for me as my wife’s family (brothers etc) usually start on a different day to me and therefore Eid is celebrated on a different day.

I don’t recall any dispute of the 15th Shabban or at any other time, everybody seemed to be in agreement for most of the year but when Ramadhan start suddenly there is all kinds of trouble and I just wish we could just sort it out!

This I am sure is common problem throught the UK but what annoys me is the Ullema know what the correct day is yet they follow Saudi because (and I have spoken to a few and they do admit it) they say that the people in the Mosques refuse to accept the change.

Khayr, take a peek at this famous Fatwa; it shows that each nation has its own sky therefore there is no need to follow Saudi if you live in  the UK.  Very interesting

The 4th Meeting of the Council From 7th of Rabi Al-Thani-l?”1 of Rabi Al-Thani 1401 Hijri  11th of Feb-21st of Feb 1981

All Praise be to Allah (SWT) alone, and peace and salutations be on the one whom after there is no Nabi (Prophet), there after (Amma Baa’d):

The Islamic Jurisprudence Council has studied the issue of Difference in Horizons (local sighting) and establishing sighting criteria on it. The Council concluded Islam is basically an easy and accommodating religion; this is what individuals with sound nature, appropriate intellect follow since it yields benefits. In the matter of Moon sighting Islam established its visual sighting over calculation as proven by the clear evidences from the Shariah. Also, it adopted differences in horizons (local sighting) since it is easier for the ordinary Muslims to follow, although that is the implication upon detailed examination of the proofs. As for the promoters of unification of the beginning of the fasting month and its end is concerned they are in opposition of what is established by Shariah and sound intellect.

As far as the opposition to Shariah, the Scholars of hadith have narrated the hadith of Kuraib which is (Book 006, Number 2391added by translator)

Kuraib reported that Umm Fadl, daughter of Harith, sent him (Fadl, L e. her son) to Mu’awiya in Syria. I (Fadl) arrived in Syria, and did the needful for her. It was there in Syria that the month of Ramadan commenced. I saw the new moon (of Ramadan) on Friday. I then came back to Medina at the end of the month. Abdullah b. ‘Abbas (Allah (SWT) be pleased with him) asked me (about the new moon of Ramadan) and said: When did you see it? I said.: We saw it on the night of Friday.

He said: (Did) you see it yourself? -I said: Yes, and the people also saw it and theyobserved fast and Mu’awiya also observed fast, whereupon he said: But we saw it on Saturday night. So we would continue to observe fast till we complete thirty (lasts) or we see it (the new moon ofShawwal). I said: Is the sightidg of the moon by Mu’awiya not valid for you? He said: No; this is how the Messenger of Allah (SWT) (may peace be upon him) has commanded us.

Imam Nawawi Classified this hadith in his commentary on Sahih Muslim under the heading “chapter for every country there is its own sighting, if the moon is sighted in a country that sighting is not acceptable for far away countries” and none of the authors of the six books of hadith who narrated the same hadith deviated from this methodology in their classification for this hadith like Tirmidhi, Abu Daud and Al-Nasa’i.

And Islam established the moon sighting by vision over all other means, because ofwhat was narrated by Ibn Omar in his hadith in Bukhari and Muslim.  (Book 006, Number 2363 added by the translator)

Ibn Umar (Allah (SWT) be pleased with both of them) reported Allah (SWT)’s Messenger (may peace be upon him) as saying in connection with Ramadan: Do not fast till you see the new moon, and do not breakfast till you see it; but if the weather is cloudy estimate about it.

This hadith established the reason for the obligation as sighting, so it (the Moon) may be sighted in Makkah and Madina while it may not be sighted in any other country, the time in other countries may be day instead of night, so how then we obligate the other people with Fasting or Iftaar? All the scholars from all Madhahib have concluded that “the difference of horizons (local Sighting)” is the answer, near a great majority of them, so much so that Ibn Abd Al-Bar (great Maliki Jurist) narrated an Ijmaa (Judicial Consensus) that moon sighting between far places like Khurasaan (Asia now) and Andalus (Spain now) is not considered and every country has its own specific sighting.

A majority of the Books of Most Schools of Jurists (madhahib) are full of opinions in favor of “the difference of Horizons” because of the vast evidence in shariah in that regard, if one were to look at the books of Fiqh they will conclude the same and they will heal any contempt for this issue in their hearts. Common sense dictates, local moon sighting is something that the scholars do not differ on, because it is obvious, and hence the intellect concludes the same. This is the same for the Common Sense and the Shariah’s convergence on the times of prayer  as well. So if one was to be an observer of the Natural order and reality of the differences in times he will conclude the same. Hence the Council concludes in light of the above:

1-There is no need to peruse unification of Moon sighting and Festivals in the Islamic world. Because this pursuit will not guarantee the ummah’s unification as the promoters of unification of Moon sighting and Festivals imagine.

2- That the matter of moon sighting be left to the Muslim countries and their Judicial and Juristic Councils, because that has priority as well as will yield the most benefit.

3-The only guarantee which will benefit the Muslims in unifying the ummah in its matters and issues is that they agree to abide by the Quran and Sunnah in all of their matters.

And Allah (SWT) only guarantees success. And Peace and Salutations be on our Nabi and his Family and his companions.

Signatures of the Scholars on this Fatwa are:

Shiekh Abd al Aziz bin Abdallah bin Baaz
Abo Bakr Mahmood Jumee

Shiekh Saleh Al Othaymeen
Sheikh Mustafa Ahmad Zarqa
Abu Al Hassan Al Nadawi
Sheikh Mohammed Salih Adood
Abdallah Ali Al Harkaan
Abdallah bin Mohammed al Homaid
Mohammed Mahmood Al-Sawwaf
Mohammed bin Abdallah al Subayil
Mabrook al Awadi
Mohammed al Shdhali Nefier
Hassanian Mohammed Makhloof
Dr.Mohammed Rashidi
Mahmmod Shhet Khattab
Mabrook al Awadi
Mohammed Rashid Qabbani

see fatwa

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