بِسۡمِ ٱللَّهِ ٱلرَّحۡمَٰنِ ٱلرَّحِيمِ
The Goal of Shareeah is Unity
Tafarruq (splitting-up) in the Religion is more evil than having ikhtilaaf (differences) in some opinions as pointed out in this beautiful article by Shaik Albani(Rah)
It has been the consensus of Muslim scholars from the first generation until today that Eid would be on Local Moon Sighting and NOT on Astronomical calculations, Global Moon Sighting or Saudi Moon Sighting.
Saudi and All Gulf countries celebrate EID according to Local Moon sighting and NOT on any other Methodologies. Unless it is agreed upon on all Ulema and all people, it is obligatory upon him to be in agreement with the people, and that the ruling of the people - concerning the Prayer, breaking the fast, and sacrificing.
So here is what Scholars say about Moon sighting:
Statement of muhadditheen:
This hadeeth and the titles given by the muhadditheen, is more than merely a proof. It is a decisive sword
1. Imam Muslim (rah):
Each land has its own sighting of the moon, and if they see the crescent in one land, that does not necessarily apply to regions that are far away from it [Sahih Muslim 1087]
باب بَيَانِ أَنَّ لِكُلِّ بَلَدٍ رُؤْيَتَهُمْ وَأَنَّهُمْ إِذَا رَأَوْا الْهِلَالَ بِبَلَدٍ لَا يَثْبُتُ حُكْمُهُ لِمَا بَعُدَ عَنْهُمْ
2. Imam Tirmidhi(rah)
What Has Been Related About: For The People OF Every Land There Is A Sighting [Jami`at-Tirmidhi 693]
باب مَا جَاءَ لِكُلِّ أَهْلِ بَلَدٍ رُؤْيَتُهُمْ
3. Imam Abu Dawood (rah):
When The Crescent Is Sighted In A Land A Night Before It Is Sighted In Other Lands [Sunan Abi Dawud 2332]
باب إِذَا رُؤِيَ الْهِلاَلُ فِي بَلَدٍ قَبْلَ الآخَرِينَ بِلَيْلَةٍ
4. Imam Nasaee(rah):
The People Of Different Lands Differing In Sighting (The Moon) [Sunan an-Nasa'i 2111]
باب اخْتِلاَفِ أَهْلِ الآفَاقِ فِي الرُّؤْيَةِ
Kuraib reported that Umm Fadl, daughter of Harith, sent him (Fadl, i.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 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 they fasted and Mu'awiya also fasted, whereupon he said: But we saw it on Saturday night. So we will continue to fast till we complete thirty (fasts) or we see it (the new moon of Shawwal). I said: Is the sighting of the moon by Mu'awiya not valid for you? He said: No; this is how the Messenger of Allah (ﷺ) has commanded us. Yahya b. Yahya was in doubt (whether the word used in the narration by Kuraib) was Naktafi or Taktafi.
حَدَّثَنَا يَحْيَى بْنُ يَحْيَى، وَيَحْيَى بْنُ أَيُّوبَ، وَقُتَيْبَةُ، وَابْنُ، حُجْرٍ قَالَ يَحْيَى بْنُ يَحْيَى أَخْبَرَنَا وَقَالَ الآخَرُونَ، حَدَّثَنَا إِسْمَاعِيلُ، - وَهُوَ ابْنُ جَعْفَرٍ - عَنْ مُحَمَّدٍ، - وَهُوَ ابْنُ أَبِي حَرْمَلَةَ - عَنْ كُرَيْبٍ، أَنَّ أُمَّ الْفَضْلِ بِنْتَ الْحَارِثِ، بَعَثَتْهُ إِلَى مُعَاوِيَةَ بِالشَّامِ قَالَ فَقَدِمْتُ الشَّامَ فَقَضَيْتُ حَاجَتَهَا وَاسْتُهِلَّ عَلَىَّ رَمَضَانُ وَأَنَا بِالشَّامِ فَرَأَيْتُ الْهِلاَلَ لَيْلَةَ الْجُمُعَةِ ثُمَّ قَدِمْتُ الْمَدِينَةَ فِي آخِرِ الشَّهْرِ فَسَأَلَنِي عَبْدُ اللَّهِ بْنُ عَبَّاسٍ - رضى الله عنهما - ثُمَّ ذَكَرَ الْهِلاَلَ فَقَالَ مَتَى رَأَيْتُمُ الْهِلاَلَ فَقُلْتُ رَأَيْنَاهُ لَيْلَةَ الْجُمُعَةِ . فَقَالَ أَنْتَ رَأَيْتَهُ فَقُلْتُ نَعَمْ وَرَآهُ النَّاسُ وَصَامُوا وَصَامَ مُعَاوِيَةُ . فَقَالَ لَكِنَّا رَأَيْنَاهُ لَيْلَةَ السَّبْتِ فَلاَ نَزَالُ نَصُومُ حَتَّى نُكْمِلَ ثَلاَثِينَ أَوْ نَرَاهُ . فَقُلْتُ أَوَلاَ تَكْتَفِي بِرُؤْيَةِ مُعَاوِيَةَ وَصِيَامِهِ فَقَالَ لاَ هَكَذَا أَمَرَنَا رَسُولُ اللَّهِ صلى الله عليه وسلم . وَشَكَّ يَحْيَى بْنُ يَحْيَى فِي نَكْتَفِي أَوْ تَكْتَفِي .
Statements of Leading Salafi Scholars :
1. Sheik Albanee (Rah ):Abu Hurairah narrated that : the Prophet(ﷺ) said: "The fast is the day the people fast, the breaking of the fast is the day the people break their fast, and the sacrifice is the day the people sacrifice."
أَخْبَرَنِي مُحَمَّدُ بْنُ إِسْمَاعِيلَ، حَدَّثَنَا إِبْرَاهِيمُ بْنُ الْمُنْذِرِ، حَدَّثَنَا إِسْحَاقُ بْنُ جَعْفَرِ بْنِ مُحَمَّدٍ، حَدَّثَنِي عَبْدُ اللَّهِ بْنُ جَعْفَرٍ، عَنْ عُثْمَانَ بْنِ مُحَمَّدٍ الأَخْنَسِيِّ، عَنْ سَعِيدٍ الْمَقْبُرِيِّ، عَنْ أَبِي هُرَيْرَةَ، أَنَّ النَّبِيَّ صلى الله عليه وسلم قَالَ " الصَّوْمُ يَوْمَ تَصُومُونَ وَالْفِطْرُ يَوْمَ تُفْطِرُونَ وَالأَضْحَى يَوْمَ تُضَحُّونَ " . قَالَ أَبُو عِيسَى هَذَا حَدِيثٌ حَسَنٌ غَرِيبٌ . وَفَسَّرَ بَعْضُ أَهْلِ الْعِلْمِ هَذَا الْحَدِيثَ فَقَالَ إِنَّمَا مَعْنَى هَذَا أَنَّ الصَّوْمَ وَالْفِطْرَ مَعَ الْجَمَاعَةِ وَعُظْمِ النَّاسِ
[Jami` at-Tirmidhi 697]
Al-Bayhaqee relates by way of Abu Haneefah, who said: ‘Alee ibn al-Aqmar related to me, from Masrooq, who said: I entered upon ‘Aaishah on the day of ‘Arafah, so she said: “Serve Masrooq with some gruel, and make it more sweet.” Masrooq said: Nothing prevented me from fasting this day except that I feared that it may be the day of Sacrifice. So ‘Aa’ishah said to me: “The day of Sacrifice is when the people sacrifice, and the day of ending the fast is when the people end their fast.” This chain of narration is jayyid (good) due to what has preceded.
Understanding This Hadeeth:
Imaam at-Tirmidhee says after quoting the hadeeth: “One of the people of knowledge has explained this hadeeth by saying: Its meaning is to fast and end the fast along with the Jamaa’ah and the majority of people.”
As-San’aanee said in Sublus-Salaam (2/72): “In this (hadeeth) is a proof that being in agreement with the people is accepted in establishing ‘Eed, and that the individual person who believes that it is the day of ‘Eed – because of the sighting of the moon – then it is obligatory upon him to be in agreement with the people, and that the ruling of the people – concerning the Prayer, breaking the fast, and sacrificing – is binding upon the individual.”
Ibn al-Qayyim (rahimahullaah) mentioned this meaning in Tahdheebus-Sunan (3/214), and said: “It is said: In it a refutation of those who say that whosoever knows the positions of the moon due to astronomical calculations, then it is permissible for him to fast and end the fast, even if others do not know. It is also said: That the individual witness who sees the moon, but the qaadee (judge) has not accepted his testimony, then there is no fasting for him, just as there is no fasting for the people.”
Abul-Hasan as-Sindee said in Haashiyah ‘alaa Ibn Maajah, after mentioning the hadeeth of Abu Hurayrah which was related by at-Tirmidhee: “And its apparent meaning is: That there is no room for individual (opinions) to enter into these affairs, nor to act individually in this. Rather, this affair goes back to the Imaam (the Leader of the Muslims) and the Jamaa’ah (united body of Muslims under the Imaam). It is obligatory upon the individuals to follow the Imaam and the Jamaa’ah. From this is that is an individual sights the moon, but the qaadee rejects his witness, then the individual has no right in these matters, but rather he must follow the Jamaa’ah in this.”
And this is the meaning which is evident from the hadeeth, and which is emphasized by the fact that ‘Aa’ishah (raa) used it with Masrooq when he prevented himself from fasting on the day of ‘Arafah, fearing that it could be the day of Sacrifice. So she explained to him that there is no weight given to his individual opinion in this, and that he should follow the Jamaa’ah. So she said to him: “The day of Sacrifice is when the people sacrifice, and the day of ending the fast is when the people end their fast.”
Unity is One of the Goals of the Sharee’ah
And this is what is befitting for the easy-natured and tolerant Sharee’ah (Prescribed Islaamic Law), one of the goals of which is uniting the people together, unifying their ranks and keeping away from them all that would split their comprehensive unity – from the individual opinions. So the Sharee’ah does not give any weight to the individual opinion in matters concerning ‘ibaadah jamaa’iyyah (collective acts of worship), such as Fasting, ‘Eed and Prayer in congregation – even if the opinion is correct, from one angle. Do you not see that the Sahaabah (the Companions) – radiallaahu ‘anhum – used to pray behind each other. So from them were those who held the view that touching a woman, or the flowing of blood from the body invalidates the wudhoo’ (ablution), along with those who did not hold this view. From them were those who would complete the Prayer whilst traveling, whilst others shortened. Yet these, and other such differences, did not prevent them from collectively praying behind a single Imaam and deeming it to be acceptable. And this is because they knew that tafarruq (splitting-up) in the Religion is more evil than having ikhtilaaf (differences) in some opinions. Indeed, the matter with one of them reached the extent that he would not even deem acceptable any opinion which differed with the great Imaam in the major gatherings; such as the gathering at Minaa (during Hajj), to the extent that he would totally abandon acting upon his opinion in that gathering – fleeing from that which could result from this evil, because of acting according to his own opinion.
Thus, Abu Daawood relates (1/307) that ‘Uthmaan (raa) prayed four rak’ahs at Minaa, so ‘Abdullaah ibn Mas’ood criticized him saying: “I prayed two rak’ahs with the Prophet (ﷺ) and two rak’ahs with Abu Bakr, and two rak’ahs with ‘Umar, and two rak’ahs with ‘Uthmaan in the beginning of his rule, then he completed it (i.e. by praying four rak’ahs). After that the ways became divided with you all. So I hope from these four rak’ahs, that two of them would be accepted.” Then Ibn Mas’ood prayed four rak’ahs. So it was said to him: You criticized ‘Uthmaan, yet you prayed four? So he said: “Differing is evil.”
Its chain of narration is Saheeh (authentic), and something similar to this is related in the Musnad (5/155) of Imaam Ahmad, from Abu Dharr (raa).
So those who continue splitting-up with regards to the Prayer, and who refuse to follow the local Imaams in some mosques – especially in the witr Prayer during Ramadaan – using as proof that this is against their madhhab (school of thought), then they should reflect upon the above mentioned hadeeth and athar (narration). Likewise, those who claim knowledge of astronomy and who, due to their opinion, fast and end their fast alone – preceding or lagging behind the majority of Muslims, not seeing any problem in doing so – should also reflect upon the previously quoted proofs. So all of them should consider, and reflect upon the knowledge that has been mentioned. Perhaps they will find for themselves a cure for their ignorance and self-delusion, so that they may then become a unified rank along with their Muslim brothers – for indeed the Hand of Allaah Subhanahu wa Taa’ala is over the Jamaa’ah.
Footnotes:
[1] Silsilatul-Ahaadeethus-Saheehah (1/442-445), the hadeeth authentications have been abridged and edited.
Source: http://www.hgwc.in/ramadhan-special/112-ramadan-a-reminder-of-unity-shaykh-al-albanee
2. Shaikh Abdul Aziz bin Abdullah bin Baz (rah)
And this is what the Sheikhul Islam Ibn Taimiyah RHA chose. And he based this on the word of Allah (SWT): Fa man shahida minkum ash-shahr fal yasumh.and the Hadith of the prophet(ﷺ) , if you saw it fast, and if you saw it, break the fast. i.e. by the same daleel / method, which was used by the ones who
Question: Appearance of Ramadaan Hilaal or Shawwal Hilaal differs between Muslim countries. So should the Muslims fast if the Hilaal appears in one of those countries?
Answer:
The scholars have difference of opinion regarding the issue of Hilaal. Some of them view that if Ramadaan Hilaal appears in a place per Islamic rules, so all Muslims should start fasting. And if Shawwal Hilaal appears, all Muslims should break fast. And this is famous in the Fiqh of Imam Ahmad. And from this e.g. if we see the Hilaal in the Kingdom of Saudi Arabia, then it is incumbent on all Muslims in all countries to follow this sighting for fasting in case of Ramadaan and for breaking the fast in case of Shawwal. And it was based on an open statement of Allah (SWT) in the Qur'an: Fa man shahida minkum ash-shahr fal yasumh. and the open statement of the Hadith from our Prophet (ﷺ) ): if you saw it fast, and if you saw it, break the fast.
And some scholars who say that it is not necessary to fast from the appearance of Ramadaan Hilaal, nor to break fast in Shawwal, except for the one who saw the Hilaal or agreed on the sighting in the Matale of Hilaal, because Matale of Hilaal differs, as agreed by people who know.
So if there are any differences (of Matale), each country must follow their own sighting. If a country agrees in the Matale of Hilaal, it follows, otherwise not.
So if there are any differences (of Matale), each country must follow their own sighting. If a country agrees in the Matale of Hilaal, it follows, otherwise not.
And this is what the Sheikhul Islam Ibn Taimiyah RHA chose. And he based this on the word of Allah (SWT): Fa man shahida minkum ash-shahr fal yasumh.and the Hadith of the prophet(ﷺ) , if you saw it fast, and if you saw it, break the fast. i.e. by the same daleel / method, which was used by the ones who
obligate (all to follow one sighting), but Ibn Taimiyah who bases on the same Ayah and Hadith, differs (in his conclusions). If the ruling was to follow the witness and the sighter, so the ones who did not witnessed or saw it, the ruling will not be obligated on them. And if the Matale (sighting) differs, so the ruling of Hilaal cannot be generalized (for them).
And this is for sure a strong argument to use, based on proof (daleel) and strengthened by viewpoint and qiyas (analogy).
Source:
Chapter: Rules of starting and ending a month and the sighting of Hilaal
Book: Fatawa Islamiyah: AbdulAziz Bin Baaz, Muhammad Bin Saleh Bin Othaimeen, Abdullah Bin AbdurRahmaan AlJibreen; Darul Watan Publishers
Question: Should we fast and end our fast according to the sighting of the new moon in Saudi Arabia or should we do it according to the sighting of the new moon in the country where we are?
Response: There are as many as six different opinions amongst the scholars concerning this issue. However, there are two main points of view. The first is that everyone should sight the moon in their own country and those countries where the moon rises at the same time should follow them. The reason for this is that the time at which the moon rises, varies from place to place. The second opinion is that the beginning of the new month need only be confirmed in any one of the Muslim countries. If the sighting of the new moon is confirmed in any Muslim country, it is then obligatory for all Muslims to use that sighting to begin the fast of Ramadhaan or end it. According to this last opinion, if the new month is confirmed in Saudi Arabia it is obligatory upon all Muslims, in all parts of the world, to fast if it is the beginning of Ramadhaan and to end their fast if it is the beginning of Shawwaal. This is the most common opinion held by the followers of the madhhab of Imaam Ahmad Ibn Hanbal.
However, the first opinion is more correct because of the evidence in the Qur.aan, Sunnah and because of analogy. With regards to the Qur.aan, Allaah (Subhaanahu wa Ta'aala) says:
{The month of Ramadaan in which was revealed the Qur.aan, a guidance for mankind and clear proofs for guidance and the criterion (between right and wrong). So whoever witnesses the month should fast it...}, [Soorah al-Baqarah, Aayah 185].
This last sentence is a conditional sentence, and the ruling contained in a conditional sentence is established for whomever the condition applies to and it is annulled for anyone for whom the condition does not apply. So the sentence:
((Whoever witnesses the month should fast it)) implies that whoever does not witness it does not fast it.
It is well known amongst astronomers that the time the moon rises differs from place to place. The moon might be seen in one place and not in another. Therefore, according to the verse, whoever does not see it is not obliged to fast.
With regards to the Sunnah, the Prophet(ﷺ) said:
((If you sight it (the new moon of Ramadaan), then fast and if you sight it (the new moon of Shawaal),then end the fast. And if it is obscured from you, then complete thirty days (of Sha'baan))).
He (sal-Allaahu `alayhe wa sallam) said:
((If you sight it)). He therefore linked the ruling to the sighting and if a ruling is linked to an effective cause, then that ruling is annulled in the absence of that cause.
With regards to analogy, we say that in as much as the times for beginning the fast and breaking the fast every day vary from place to place so, in the same way, the times for the beginning and ending of the monthly fast also vary. We here in Riyadh, for example, begin our fast every day before the people in Al-Hijaaz and we also break our fast before they do. It is, therefore, obligatory upon us to start fasting while they are still eating. On the other hand, at the end of the day we are eating while they are still fasting. If, therefore, each place has its own ruling due to the variation in the time that the sun rises and sets, the same also applies due to the variation in the time that the moon rises and sets.
Therefore, the answer to the question is clear. It is obligatory for you to follow the sighting of the new moon in the place where you are.
Shaykh Ibn 'Uthaymeen
al-Aqalliyaat al-Muslimah - Page 84, Fatwa No.23
Source: http://www.fatwa-online.com/fataawa/muslimminorities/0001009_2.htm
http://www.ibnothaimeen.com/all/books/article_18009.shtml
4 Shaikh Saleh ibn Fawzan al-Fawzan (hafidhahullah) was asked whether is it permissible to fast with the Kingdom of Saudi Arabia if one were to be living in Algeria although the days of the beginning of Ramadaan differ between in those countries, and with whom should one celebrate Eid?...
Shaikh Saleh ibn Fawzan al-Fawzan (hafidhahullah) explained in light of the Hadeeth of Allah's Messenger (sallallahu alaihi wasallam), in the following words:
"Fast when you see it (i.e., the crescent moon of Ramadaan), and stop fasting when you see it (i.e., the crescent moon of Shawwal)." [See, Saheeh al-Bukharee (Eng.) book. 31, no. 124]
So, Allah's Messenger (sallallahu alaihi wasallam) tied the obligation of fasting with the sighting of the new moon - and this varies according to the moon-sighting (in different countries/regions)...and there is no doubt that moon-sighting in Algeria differs from moon-sighting in the Saudi.
So, every person fasts with the people of his region/country, in which he is. (and) If they see the crescent, he stops fasting with them. Your ruling is (the same as) the ruling of the Muslims, with whom you live - whichever region it be - whether; Algeria or any other - You begin your fasts with them, and you stop fasting with them." [end quote of Shaikh Saleh ibn Fawzan al-Fawzaan]
http://www.alfawzan.af.org.sa/node/7450
English Translation: https://www.facebook.com/notes/shawana-a-aziz/fast-ramadaan-and-celebrate-eid-with-muslims-in-your-countryregion/387632034623702
Sheik Assim Al-Hakeem on Should we fast according to Saudi Arabia https://www.youtube.com/watch?v=ngcx-ocf1ng
5. Shaikh Dr Wasiullaah Mohammad Abbaas said in Whatsapp : "
Those Muslim brothers who , during the months of Ramadhaan , Dhul Hijjah and other months are giving an invitation to the whole Muslims of the world to start fasting at the same time , it's my request to them to keep away from this since this statement ( universal moonsighting ) is an opinion which is less dominant and rejected in the sight of reliable scholars who are more pious ( in sha' Allaah ) and god conscious than us in the sight of Allaah .
And those people who are calling towards this , DARE NOT SCATTER this Ummah into pieces which has already been devoured due to differences .
I fear to these people that they may raise the issue of universal salaah timings for the whole Islamic world.
The brothers of Islam who are after these rare issues , I tell them to FEAR ALLAAH .
And they should NOT be STUBBORN and go against those trustworthy
Muslim scholars , whose services to the Deen , sincerity , eagerness to do righteous deeds , purity of intention is evident to the world .
And Allaah is the Guide to the Straight Path "
Signed
Shaikh Dr Wasiullaah Mohammad Abbaas .
Mufti Masjide Haram, professor Ummul Qurah university, Makkah Mukarramah
28 Dhul Qa'dah 1434 Hijri
6. Advice by Shaikh Anees Ur Rahman Azami Omeri Madani Hafidhahullah (Tamil)
Ramadhaan Nounpum piraiy parpadum https://www.youtube.com/watch?v=ELJrfKX7MKs
Pirivinai vendam https://www.youtube.com/watch?v=iMpDbwMt4EY
Note: Verily, the Hand of Allah is with the Jama'ah:
فَإِنَّ يَدَ اللَّهِ عَلَى الْجَمَاعَةِ فَإِنَّ الشَّيْطَانَ مَعَ مَنْ فَارَقَ الْجَمَاعَةَ يَرْكُضُ
Verily, the Hand of Allah is with the Jama'ah, and the Shaitan is with the one who splits away from the Ummah, running with him.
Sunan an-Nasa'i 4020 ,Grade : Sahih (Darussalam)
More Fatwas:
http://islamqa.info/en/12660
http://islamqa.info/en/50487
http://islamqa.info/en/106491