Ramalan Articles - Moon Sighting: Between Sharee’ah and Astronomy- I

Question: What is the Sharee'ah)Islamic legislation( ruling on
confirming the beginning of the lunar month by means of astronomical
calculations?
Answer: Depending on astronomical calculations to confirm the advent
of the lunar month implies two grave mistakes.
First: It nullifies the Sharee'ah cause on which fasting and breaking
the fast is contingent, which is sighting the crescent by the naked
eye.
Second: Introducing a new cause for fasting and breaking the fast and
considering it legitimate, although it is not prescribed by Allaah The
Almighty.
Regarding the first cause, the Prophetsaid:
• "When you sight it )the crescent(, fast, and when you sight it
)again( then break the fast. If you cannot sight it )the crescent(,
then complete thirty days )for the month of Sha'baan(."
• "Do not begin the month )ofRamadan( unless you sight the crescent
or complete thirty days)for the month of Sha'baan(; and then fast
until you sight the crescent )of Shawwaal( or complete thirty days
)for the month of Ramadan(."
• "When you sight the crescent, fast, and when you sight it )again(
then break the fast. If you cannot sight it )the crescent(, then
complete thirty days )for the month of Sha'baan(."
There are many Ahaadeeth)narrations( in this regard indicating that
what counts in this regard is the sighting of the crescent or
completing thirty days. Nonetheless, these Ahaadeeth do not mean that
each one has to sight the crescent by himself; rather, the testimony
of trustworthy witnesses is enough in this regard. It was narrated
that Ibn 'Umarsaid, "People sighted the crescent, and when I told
theProphetthat I had sighted it, he fasted and ordered people to
fast."
Depending on astronomical calculations to confirm the advent of the
lunar month abolishes the Sharee'ah cause)sighting(, nullifies both
the authority of the Sharee'ah sighting and the judiciary authority of
the ruling of the Sharee'ah courts, revives what is nullified by
Sharee'ah, and contradicts the consensus of the prominent scholars of
Fiqh)Islamic jurisprudence( and the leaders of the different schools
ofFiqh who unanimously agreed that using astronomical calculations in
confirming the crescent is impermissible.
When the astronomical calculations contradict the Sharee'ah sighting,
this will result in:
1- Not fasting the first day ofRamadan, when the contradiction is at
the beginning of the month.
2- Fasting the first day of 'Eed, when the contradiction is at the end
of the month.
Consequently, this violates the sanctity of the Quranic text, where
Allaah The Almighty Says)what means(: }So whoever sights]the new moon
of[ the month, lethim fast it.{ ]Quran 2: 185[ It also violates the
sanctity of the text ofthe noble Sunnah )Prophetic tradition(, where
the Prophetsaid: "When you sight it )the crescent(, fast, and when you
sight it )again( then break the fast."
Again, this violates the sanctity offasting by preventing people from
fasting the first day ofRamadanas well as the sanctity of 'Eed by
fasting that day. This actually nullifies the command ofAllaah The
Almighty, leads to disturbances and disputes and promotes disunity and
division among Muslims.
The second mistake is introducing a new cause for fasting and breaking
the fast andconsidering it legitimate, although it is not prescribed
by Allaah The Almighty. This is clarified as follows:
Allaah The Almighty has made the rulings contingent on Sharee'ah
causes. When the Sharee'ah cause is there, the ruling of Allaah is
due; and when the Sharee'ah cause is not there, the ruling of Allaah
is not due. Noone has the right to change or alter these causes.
It is confirmed by the Quran and the Sunnah that the cause of fasting
and breaking the fast is sighting the crescent. The cause is not
achieved when it is scientifically proved that the crescent is there
in the sky but it is not seen by the eye. Allaah The Almighty Says
)what means(: }So whoever sights ]the new moon of[ the month, let him
fast it.{ ]Quran 2: 185[ The Prophetsaid: "When you sight it )the
crescent(, fast, and when you sight it )again( then break the fast."
According to the texts of the Quran and the Sunnah, the obligation of
fasting or breaking the fast is dependent on sightingthe crescent by
the naked eye, not on knowing that the crescentis astronomically
present, but without sighting it. The Prophetdid not say "When the
crescent is present, observe fasting" to include both astronomical
calculations and sighting. Rather, the Prophetsaid: "When you sight it
)the crescent(, fast."
Sighting is more specific than thepresence itself. It is possible that
the crescent is astronomically present but it cannot be seen due to
many reasons. In this case, fasting is not due. Moreover, the last
part of the Hadeeth decisively indicates that the presence of the
crescent is not the cause; rather, the cause is achieved when the
sighting is confirmed. According to the different narrations, the
Prophetadded: "When you cannot sight it" and "When the sky is socloudy
to see it." This signifies that when the crescent is there but it
could not be sighted because of clouds or any other reason, one must
not fast and hehas to complete the thirty days of Sha'baan. This
decisively indicates that the cause is not merely the presence of the
crescent; rather, it is more specific to demand confirmation of
sighting by the naked eye.
As such, the wise Sharee'ah has abolished considering the scientific
presence of the crescent a cause for fasting or breaking the fast.
Rather, it has asserted that the tangible presence of the crescent
which allows sighting is the cause. This is not because astronomical
calculation in confirming the sighting is weaker in degree
thansighting by witnesses or because the premises and theories of
astronomy are invalid. Rather, it is because the mercy of Allaah
towards His slaves necessitates that He makes the acts of worship
contingent on tangible matters, which are available for all those who
are competent for religious obligations. This is to make people avoid
any hardship or difficulty. When the causes of rulings are stable,
tangible and general, they are easy to be realized by all those who
are competent for religious obligations, with no hardship at all. Acts
of worship should not becontingent on mental, scientific and
intangible things which are not realized by all people or even by
those who seek them. This makes the generality of the causeand
easiness of realizing it in conformity with the generality
ofobligation and easiness of fulfilling it.