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Monday, July 15, 2013

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.

Ramalan Articles - Ramadan: A Great Opportunity to Achieve Taqwa - I

The month ofRamadanis approaching with its blessings of goodness and
purity to inculcate in man willpower, composure, and
determination.Ramadanequips Muslims with the art of endurance and
stamina to face alladversities and overcome all obstacles and
difficulties of life. The Prophetused to congratulate his Companions
at the beginning ofRamadan, saying: "O people! The month of Ramadan
has come to you, a blessed month for the duration of which Allaah has
prescribed fasting for you. In it the gates of Paradise are open, the
gates of Hellfire are shut, and the devils are chained up. There is a
night]during this month[ which is better than a thousand months.
Whoever is deprived of its good is really deprived ]of something
great[." ]Ahmad and An-Nasaa'i[
In another version of the same Hadeeth )narration(, the Prophetadded:
"A caller calls out every night: 'O seeker of good, draw near; come to
Allaah! O seeker of evil, desist!' Allaah will have emancipated some
people from the Fire, and that happens every night." ]At-Tirmithi,
Al-Bayhaqi, and Ibn Hibbaan[
Ramadanis a holistic spiritually rejuvenating experience. It teaches
self-discipline, self-restraint and engenders the willpower to abstain
from what was deemed forbidden by Allaah The Almighty. It imbues man
with an honest dedication and submission to the will of Allaah The
Exalted, abiding by His commands and implementing Hislaws in all
facets of life.Ramadanteaches man to renounce whatever harms his
religion, worldly affairs, or body. It is a great annual training for
character-building, self-discipline,spiritual and physical
purificationof one's faculties and feelings both. Thus, one can attain
Taqwa)piety, fear of Allaah, God-consciousness, and righteousness( in
all times, places and situations, if he strivesto attain spiritual
rejuvenation.
He should also learn the sublime lessons ofRamadanthrough devoting his
days and nights to worship, refraining from all sins and misdeeds and
exercising self-discipline over one's facultiesto refrain from doing
what is impermissible. Thus, a fasting person can successfully go
through such a spiritual experience and victoriously triumph over
himself. Such a fasting person would save his talents and physical and
moral potentials as well as energy to face the enemies of Islam.
Indeed, the month ofRamadanisa great opportunity to pause for
self-reflection and self-reproach. It is a time of introspection and
self-evaluation in order to set therecords straight, make up for one's
past mistakes, and obviate potential mistakes or misdeeds before it is
too late. Such an opportunity to attain Taqwa, for those whom Allaah
The Exalted guides to Taqwa, a motivation todo good deeds and acts of
worship since people are inclinedtowards goodness. The rebellious
devils are chained up during the month ofRamadan, so they are unable
to incite and tempt people the way they do at other times. During the
month ofRamadan, the gates of Paradise are opened and those of
Hellfire are closed.
On each night ofRamadan, Allaah The Exalted saves many people from
Hellfire. Moreover, the rewards of ]worship on[ the Night of Al-Qadar
is better than the rewards of ]worship on[ of a thousand months. What
great glad tidings! If we ponder on such words, we would hasten to do
good deeds, compete with one another in doing good, refrain from grave
sins, ignore satisfying the desires of the flesh,and seize the great
opportunity ofRamadanto achieve Taqwa.
Indeed,Ramadanis an opportunity to relish Taqwa; to become among the
righteous, devout and pious servants. AllaahThe Almighty Says )what
means(:}O you who have believed, decreed upon you is fasting as it was
decreed upon those before you that you may become righteous.{ ]Quran
2:183[
The verse highlights the objectiveof fasting. Allaah The Almighty Says
)what means(: }…that you may become righteous.{ ]Quran 2:183[ This
indicates that the greatest benefit and the main rationale behind
fasting is attaining Taqwa. 'Umar ibn Al-Khattaabasked the revered
Companion Ubayy ibn Ka'babout the meaning of Taqwa. Ubayy ibn
Ka'breplied, "O Commander of the Believers! What would you do if you
walked on a thorny road?" 'Umarreplied, "I would raise my garment and
be cautious not to let my clothes get entangled in the thorns and
strive not to step on one of them." Ubayy ibn Ka'bsaid, "This is
Taqwa."
Taqwa is sensitivity of the conscience, transparency of feelings, a
continuous fear, permanent caution, and avoidance of the thorns on the
road. The path of life is full of thorns that symbolize lusts and
desires. There are thorns of fears and concerns, thorns of temptations
and vices, and thorns of false hope in someone who cannot fulfill
one's needs. The path of life abounds with thorns of forged fear of
those who can neither benefit nor harm us and dozens of other thorns.
This is what is meant by Taqwa.
If the concept of Taqwa is not yetclear, let us ponder on the wise
words of 'Ali ibn Abu Taalibreflecting on piety. He said, "It is the
fear of Allaah The Exalted, abiding by the commands in the Noble Quran
in one's life, feeling content with whatever little provision one has,
and preparing for the day of departure."
This is the genuine meaning of Taqwa. Where do we stand in relation to
such a refined concept?
To be continued …

Fathwa - Making up missed tarawih during jamaat

Assalamu Alaikum
If someone walks into the mosque, missing Esha and 1st 4 rakaats of
tarawih, does he catch up then join, or pray the missed rakaats of
tarawih after witr has finished?
-
Bismillah
Al-jawab billahi at-taufeeq (the answer with Allah's guidance)
One should perform the 'Isha Salah individually and join in the
TaraweehSalah and complete the missed Rakats of Taraweeh after the
Witr Salah.
(Raddul Muhtar Vol.1 Pg.659)
And Only Allah Ta'ala Knows Best.

Fathwa - Duaa after taraweeh & every 4 raka'ats

1) Regarding the duaa which is made by the imaam in congregation after
taraweeh salah, what is its status, i.e. fardh, sunnah, mustahab?
2) What is the status of the duaa which people read every four
raka'ats (subhana dhil mulki wal malakoot...). Should it beread? If
not, what shouldyou do in the pause?
-
Bismillah
Al-jawab billahi at-taufeeq (the answer with Allah's guidance)
1) There are no clear evidences on this subject. However, Du'a after
Tarawih comes in the ruling of Du'a after Salah. Therefore, to make
Du'a individually ispermissible. (Ahsanul Fataawa Vol.3 Pg.519)
Also, to make Du'a collectively will be permissible if you don't make
this act as compulsory.
Please read more about Du'a performed collectively:
-
2) After every four Rak'ats it is Mustahab to sit a while and take a
rest quietly or recite the Quran or Tasbeeh in a low voice or pray
Nafl Salah separately during this period of rest.
(Nurul Idhah Pg.97, Durre Mukhtar vol.2 pg.46)
And Only Allah Ta'ala Knows Best.