Assembly of Muslim Jurist of America (AMAJ)

MOON SIGHTING ISSUE

With the days of Ramadhan and Eid-ul-fitr approaching, the usual commotionaround the beginning of Ramadhan and the end of Ramadan will be apparent. Thesame disagreement about the Shawal moon sighting and declaring the end of Ramadan is prevalent across the Muslim communities in North America. AMJAwould like first to extend its warm congratulation for Eid-ul-fitr to the MuslimUmmah, all over the world and especially in the US and Canada. AMJA alsostrongly emphasizes the

importance of unity amongst ourselves

, and encouragesthe Muslims to rise above their disagreements. To be united is always better than to be divided, if our unity is based on our obedience to ALLAH (SWT). AMJA wouldlike to draw all of our attentions towards the basic fact of the matter, which is thatthe issue of moon sighting as a whole is among the debatable issues from a jurisprudential (Fiqh) point of view. The details of the issue are as follows:

Whether to consider: Ittihad-ul-Matali`:

Does the command of ALLAH in the verse “whomever witnesses the month, thenhe should fast it” and in the Hadeeth of the Prophet (PBUH) “Fast when you see it(the new moon of Ramadan)) and stop fasting when you see it (the new moon of Shawal)” refer to the entire Ummah simultaneously or to each individual countryto locality. If the command refers to the entire Ummah, then wherever the moon issighted, it becomes obligatory on all the Muslims to start (or stop) fasting (

Ittihad-ul-Matali`),

as long as the other countries share at least a part of the night with the place in which the moon was sighted. If the command refers to the differentlocalities then every location need to seek their own sighting (

Ikhtilaf-ul-Matali

).The recommendations and rulings from the third conference of the assembly of Islamic research, held in Cairo, Egypt in September 1966 (Jumada-Al-Akher 1386)adopted

Ittihad-ul-Matali`

methodology, based on the condition mentioned above(sharing part of the night). If the two localities do not have any part of the nightcommon, then different moon sightings need to be sought. Similar ruling (

Ittihad-ul-Matali`)

was also adopted by the assembly of Muslim Jurist of the IslamicSummit Conference, held in Amman 1407.

Should the scientific (astronomical) visibility calculations be adopted?

It should be used to prove the validity of the eye sighting, but cannot be used as asole source to start or to end any lunar month, this was the conclusion reached thesame conference held in Cairo, Egypt in 1386:- Eye sighting is the way that should be used to decide on the start of the month, if this sighting is reliable.- The reliability of the sighting is collaborated by either a shared sighting betweena large group of people, or even one single individual, be it male of female, if thesighting does not contradict decisive scientific visibility calculations.

The ruling regarding whoever sighted the moon himself, but his sighting wasnot adopted by the group of Mulsims for any reason?

The particular individual can either follow his own sighting or he can follow thegroup. Both opinions were expressed by Muslim Scholars, however the majority of scholars has adopted the second opinion, for the Hadeeth of the Prophet (PBUH)that says “The beginning of Ramadan is when you begin fasting, and the Eid day iswhen you stop fasting and Adha day is when you slaughter your animals (Eid-ul-Adha)” which basically means that deciding the begging and/or end of the month isa group decision, once it is reached by the group, it should be adopted by all of theindividual members of that group.The previous paragraphs briefly summarized the jurisprudential differences aboutthe issue of the sighting. The golden rule in such matters where there is a genuineacceptable difference of opinions is that there should be no condemnation in suchdebatable issues. A Muslim should simply follow any of the two opinions asadopted by his country or community, even if he believes that the other opinion iscloser to the truth.AMJA also favors the opinion that the individual should differentiate betweenstarting Ramadan and starting Shawal. If he witnesses the crescent of Ramadan is asighting that was not adopted by the community he should fast himself, in secretsuch that he would not stir controversy around himself. However if he witnessedthe beginning of Shawal in a sighting that was not adopted by the community thenhe should continue to fast this one extra day with the group.The issue of adopting a moon sighting is a governmental issue in the first place,meaning that the authority or government is the only entity that is capable of settling the dispute, by adopting one stand versus the other. Disagreement with theaccepted legal authority is a form of rebellion that is inexplicable. It is the absenceof such a counseling or governmental authority that keeps the dispute in the issuedragging. Only such an authority can settle the disagreement and end the debate.

And due to the lack of such an authority, it became prudent upon AMAJ to adoptthe ruling of

Ittihad-ul-Matali`.

Whenever the new Ramadan moon is sighted in acountry or locality and the sighting was consequently adopted by that country, it becomes

mandatory to start the fasting in all countries that share at least apart of the night with the sighting country

. Unless of course that the country thatis adopting the sighting has been known to go against the consensus of the Ummahfor its own political Agenda. This is the easiest to implement and most correctmethodology to adopt for Muslims living in the west. A direct contact should beestablished with the scholars in charge of adopting the Fatwa in that country toverify their acceptance of the sighting. AMJA delegates adopting scientificvisibility calculations as part of adopting the sighting to the particular country withthe sighting (at least from a practical point of view) for the following reasons:This is the same opinion adopted by the majority of scholars, and wasrecommended by the authoritative scholars.The argument for

Ikhtilaf-ul-Matali`

is no longer valid with the huge advancementin communications technology. News travel across the globe in a matter of seconds.This opinion is closer to achieve an important goal of this religion, which isuniting the Muslims.This opinion does not favor a country or create any form or regional tension,whichever country adopts a sighting, all countries, and communities should follow.Removing whatever hardship arising because of Ikhtilaf-ul-Matali` in Eid-ul-Adhaif the local sighting is different from the sighting in Mecca. The followers of thisopinion will have one of two choices: either to disagree with the pilgrims, breakingthe global Muslim unity, or to agree with the pilgrims and leave their opinion.

Why did AMJA not adopt the Ikhtilaf-ul-Matali opinion?`

For a number of reasons among which:It is a weaker opinion from a Fiqh point of view, as mentioned above.Outside Muslim countries, it is difficult from a practical point of view to gather around one single entity in our current circumstances, due to the prevalentdifferences of opinions, priorities, and local conditions.