{ يَسْأَلُونَكَ عَنِ ٱلأَهِلَّةِ قُلْ هِيَ مَوَاقِيتُ لِلنَّاسِ وَٱلْحَجِّ }

{ إِنَّ عِدَّةَ ٱلشُّهُورِ عِندَ اللهِ ٱثْنَا عَشَرَ شَهْراً فِي كِتَابِ اللهِ يَوْمَ خَلَقَ ٱلسَّمَٰوَٰتِ وَٱلأَرْضَ مِنْهَآ أَرْبَعَةٌ حُرُمٌ }

{ هُوَ ٱلَّذِي جَعَلَ ٱلشَّمْسَ ضِيَآءً وَٱلْقَمَرَ نُوراً وَقَدَّرَهُ مَنَازِلَ لِتَعْلَمُواْ عَدَدَ ٱلسِّنِينَ وَٱلْحِسَابَ }

حَدَّثَنَا الْحَسَن بْن يَحْيَى , قَالَ : أَخْبَرَنَا عَبْد الرَّزَّاق , قَالَ : أَخْبَرَنَا مَعْمَر , عَنْ قَتَادَة فِي قَوْله :  { مَوَاقِيت لِلنَّاسِ وَالْحَجّ } قَالَ : هِيَ مَوَاقِيت لِلنَّاسِ فِي حَجِّهِمْ وَصَوْمِهِمْ وَفِطْرِهِمْ وَنُسُكِهِمْ [ii]

Hasan bin Yahya told us that Abdur Razzaq reported to us that Ma’mar reported on the authority of Qatadah that the Qur’anic verse “مواقيت للناس و الحج” means that the events like the Hajj, fasting, 'Eid-ul-Fitr and Sacrifice are determined by the moon-sighting.

In other words, what Imam at-Tabari - who is one of the greatest mufassireen (commentators of the Qur’an) – is telling us is that we determine all of our months by looking for the new moon (hilaal). The month of Ramadan, Shawwaal ('Eid-ul-Fitr), and Dhul Hijjah (‘Eid ul-Adha) are no exception to this basic principle (qaa’idah).

 This position is well-known, and has been dealt with by numerous scholars from the salaf (early community) and the khalaf (later community). For the sake of brevity, we will limit the discussion of this issue by mentioning and highlighting the [1] statement of 'Abdullah ibn 'Abbaas (from the Salaf), who was given the title of 'The Interpreter of the Qur'an' by the Messenger of Allah himself; [2] and some well-known scholars from the our generation.

(عَنْ كُرَيْبٍ ، أَنَّ أُمَّ الْفَضْلِ بِنْتَ الْحَارِثِ بَعَثَتْهُ إِلَى مُعَاوِيَةَ بِالشَّامِ. قَالَ: فَقَدِمْتُ الشَّامَ. فَقَضَيْتُ حَاجَتَهَا وَاسْتُهِلَّ عَلَيَّ رَمَضَانُ وَ أَنَا بِالشَّامِ. فَرَأَيْتُ الْهِلاَلَ لَيْلَةَ الْجُمُعَةِ. ثُمَّ قَدِمْتُ الْمَدِينَةَ فِي آخِرِ الشَّهْرِ. فَسَأَلَنِي عَبْدُ اللهِ بْنُ عَبَّاسٍ رَضِيَ اللهُ عَنْهُمَا. ثُمَّ ذَكَرَ الْهِلاَلَ فَقَالَ: مَتَى رَأَيْتُمُ الْهِلاَلَ؟ فَقُلْتُ: رَأَيْنَاهُ لَيْلَةَ الْجُمُعَةِ. فَقَالَ: أَنْتَ رَأَيْتَهُ؟ فَقُلْتُ: نَعَمْ. وَ رَآهُ النَّاسُ. وَ صَامُوا وَ صَامَ مُعَاوِيَةُ. فَقَالَ: لَكِنَّا رَأَيْنَاهُ لَْيْلَةَ السَّبْتِ. فَلاَ نَزَالُ نَصُومُ حَتَّى نُكْمِلَ ثَلاَثِينَ. أَوْ نَرَاهُ. فَقُلْتُ: أَوَ لاَ تَكْتَفِي بِرُؤْيَةِ مُعَاوِيَةَ وَ صِيَامِهِ؟ فَقَالَ لاَ. هَكَذَا أَمَرَنَا رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَ سَلَّمَ). وَ شَكَّ يَحْيَى بْنُ يَحْيَى فِي: نَكْتَفِي أَوْ تَكْتَفِي.

"Kurayb said: Umm Fadl, daughter of Haarith, sent him (Fadl, i.e. her son) to Mu'awiyah in Syria. I (Fadl) arrived in Syria, and took care of her needs. 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 ibn Abbaas asked me (about the new moon of Ramadan) and said: When did you see it? I said: We saw it on Friday night. He said: Did you see it yourself? I said: Yes, and the people also saw it so they observed fast and Mu'awiyah also observed fast. Thereupon he said: But we saw it on Saturday night. So we shall continue to observe the fast until we complete thirty (days of fasting) or we see it (the new moon of Shawwal). I said: Is the sighting of the moon by Mu'awiyah not valid for you? He said: No, this is how the Messenger of Allah, may Allah Bless him and grant him peace, has commanded us (amarana)." Yahya ibn Yahya was in doubt (whether the word used in the narration by Kurayb) was Naktafi or Taktafi: (meaning 'we are satisfied or you are satisfied').[iii]

Another interesting point about this hadith is actually not contained in the hadith itself. The muhadditheen were not only hadith scholars, they were also fuqaha – scholars of fiqh or jurisprudence. Therefore, the secret or ruling of a hadith is often contained in its chapter heading. The above hadith - quoted by Imam Muslim - is no exception. This hadith is in the book of fasting under the chapter titled:

بَاب بَيَانِ أَنَّ لِكُلِّ بَلَدٍ رُؤْيَتَهُمْ وَ أَنَّهُمْ إِذَا رَأوُا الْهِلاَلَ بِبَلَدٍ لاَ يَثبُتُ حُكْمُهُ لِمَا بَعُدَ عَنْهُمْ

There is a sighting for every town (balad). The sighting of one town cannot be held valid for the other town situated at a considerable distance from it (ba’uda ‘anhum).

This hadith should be sufficient for the one who is firmly rooted in his deen and whose intellect is sound. As we mentioned before, Abdullah ibn Abbaas was given the title of the “The Interpreter of the Qur’an.” At the time Mu'awiyah, may Allah be pleased with him, was Amir ul-Mu’mineen – the Khalifah. He could have ordered the entire Ummah to fast upon his command, but he didn’t. The reason why he didn’t do that is because it was not an established Sunnah. Ibn Abbaas’s statement - “No, this is how the Messenger of Allah, may Allah Bless him and grant him peace, has commanded us (amarana).” - is a clear proof establishing the fact that the preference of the Messenger of Allah, may Allah bless him and grant him peace, is that every town have its own sighting.

Mufti Taqi Usmani said,

“I would like to inform you that the question of sighting the moon for each lunar month including Zul-Hijjah was thoroughly discussed at the annual sessions of the Islamic Fiqh Academy (held in Jordan, October 11-16, 1986) attended by more than a hundred outstanding scholars of Shari'ah. The academy adopted the resolution recommended that all Muslim countries should determine all the lunar months including Zul-Hijjah on the same basis for both ‘Eid al-Fitr as well as ‘Eid al-Adha. This resolution represents the consensus of Muslim jurists throughout the world. The proposal contained in the ISNA article, however, goes totally against this consensus.” [iv]

Shaykh Abdul Azeez bin Baaz said;

“The most trusted and authentic source or Moon sighting for a town is a local one.”[Further, he says,] “Some people think that the whole world should follow the Moon sighting of Makkah, Saudi Arabia and make it the base of their Ramadan and ‘Eid judgment. However, in the pure form of Shariah, there is neither any proof of it, nor is there any origin to this.” (Al-Baath Al-Islami. Dhul-Hijjah 1399 Hijri)

Shaykh Muhammad Salih al-Uthaymeen;

Question: Should we abide by the local sighting in determining the ‘Eid al-Adha or should we follow the pilgrims' schedule, knowing that North America sighting of crescent may come a day before Saudi Arabia's sighting?

Answer: "You should abide by the city you're living in."

Question: This means that we will fast the 9th of Zul-Hijja of North America and pray Eid on 10th Zul-Hijja of North America!

Answer: "Yes, and this is what you should do without any (Haraj) or mental anxiety."

Ref: Al-Aqalliyaat Al-Muslimah

            The reader should note that Shaykh Bin Baaz and Shaykh al-Uthaymeen were only upholding the position of Ibn Taymiyah when issuing these fatwas. The proof for this can be found in the well-known book which has been translated into English, "Islamic Fatawa" in the chapter "Rules of starting and ending a month and the sighting of Hilaal", published by Darul Watan Publishers.

عن ‏ ‏أبي قتادة ‏ ‏قال ‏‏قال رسول الله ‏ ‏صلى الله عليه وسلم ‏‏ صيام يوم ‏‏ عرفة ‏ ‏إني ‏ ‏أحتسب ‏ ‏على الله أن يكفر السنة التي قبله والتي بعده. سنن ابن ماجه

On the authority of Abu Qatadah, that Prophet, may Allah bless him and grant him peace, said, “I expect from Allah that fasting on the day of ‘Arafah will be kaffarah for the year before it and after it.” [v]

The following is derived from the above mentioned tradition:

That fasting of the day of ‘Arafah can not be a different day than the day pilgrims stand in ‘Arafah and that ‘Arafah is a specific place so it can not be different in different places. Muslims must fast exactly on the same day. Next day to the fasting of ‘Arafah is the day of sacrifice which is the ‘Eid day.

            It is a general principle agreed upon by the ‘ulamaa’ and fuqaha (jurists) that ahadith of merit (Fada’il) can not be the basis of Ahkam (injunctions or legal rulings). This hadith is simply a du’a (supplication) of the Messenger of Allah, may Allah bless him and grant him peace. How can ahkam of ‘Eid ul Adha be derived from this hadith?

Moreover it can not be derived from this hadith that Muslims all over the world must try to find out the day of ‘Arafah in Makkah. Actually there is no such commandment in the Qur’an, Sunnah, the practice of Sahabah or consensus of Jurists and Scholars as we have proved after exploring various sources of Islamic Law. Any such conclusion or derivation which is not based or supported by Shari’ah is out rightly rejected. It is related on the authority of 'A'isha that the Messenger of Allah, may Allah bless him and grant him peace said,

"Whosoever works a work which has for it no command of ours is to be rejected. [vi]"

            The argument that, the Shari’ah does not say any thing against this practice will not be acceptable. Every action needs evidence from the Qur’an and Sunnah to be proved and not the other way around. Otherwise every practice not forbidden in Islamic Law will become part of the religion.

Shaykh 'Uthman dan Fodio defined innovation in his major work called, The Revival of the Sunnah and The Destruction of Innovation, as follows

"The scope of innovation, is as Abu'l-Hassan as-Saghir[vii] said, "It is that which deviates from the Book, the sunnah and the Consensus." Al-Faakihaani[viii] said, "Strictly speaking, it is invented matters in the deen which appear as though it is from the deen, but it is not in actuality from it." Ahmad az-Zaruuq said in his Umdat 'l-Murid as-Saadiq, "The reality of innovation according to the shari`ah are invented matters in the deen that resemble the deen and look like they are from it, but are actually not from it. This is regardless if this resemblance to the deen is by form (bi 'l-suura) or by meaning (bi 'l-haqiqa). This is in accordance with the words of the Messenger of Allah, may Allah bless him and grant him peace,

))كُلُّ مُحْدِثَةٍ بِدْعَةٌ ، وَكُلُّ بِدْعَةٍ ضَلاَلَةٌ))

‘Every invented thing is an innovation, and every innovation is an error.’"[ix]

The fast of Ramadan along with the ‘Eidayn (2 ‘Eids) are Islamic Ibaadah (worship). In Islam, Ibaadat and their timings are locally determined according to the movements of the moon and the sun, Allah says in His Book,

“It is Allah who made the sun shine and the moon glow, and determined the lunar phases that you may know the number of years and calculation.” (10:5)

Islamic Ibaadat are not based on the fax, internet emails or telephone. The Sahabah (Companions of the Prophet) who established Islam in China[x] had no way of knowing when the pilgrims came down from 'Arafat. Seeing pilgrims on television or getting a telephone call from a relative 'back home' is not a hujjah (a proof) in Islam. Technology must be made subservient to us. We should not become subservient to it, by using it as a means of deviating from the Sunnah of our beloved Prophet, may Allah bless him and grant him peace.

Many cling to this innovative position based on the false notion that it will unify the Muslims because everyone would follow the calculations or sightings of one place - Saudi Arabia. This idea is based on logic and not revelation. The Ummah of Muhammad, may Allah bless him and grant him peace, can never be united upon an innovation. If those brothers are really concerned with unifying the Muslims, they should take the advice of Shaykh 'Uthman ibn Fudi (Dan Fodio):

إِعْلاَمُكُمْ بِأَنَّ الأُمَّةَ مَا يُؤَمِّنُهَا مِنَ الْفِتَنِ إِلاَّ حَيَاةُ رَسُولِ اللهِ صَلَّى اللهُ عَلَيْهِ وَ سَلَّمَ، وَ مَا يُؤَمِّنُهُمْ مِنْ ظُهُورِهَا بَعْدَهُ إِلاَّ إِحْيَاءُ سُنَّتِهِ. فَعَلَيْكُمْ بِإِحْيَائِهَا. وَ اتِّبَاعِهَا أَبَداً، وَ إِيَّاكُمْ وَ الابْتِدَاعَ، لأَِنَّ الْخَيْرَ كُلَّهُ فِي الاتَّبَاعِ. وَ الشَّرَّ كُلَّهُ فِي الابْتِدَاعِ.

Realize that what saved the Ummah from discord (al-fitan) was the Messenger of Allah, may Allah bless him and grant him peace, being among them. And nothing will save them from its appearance after him except the revival of his Sunnah. Therefore, the revival and adherence to his sunnah is obligatory upon you forever (abdan). And you should avoid innovation because all good is contained in adherence, while all evil is contained in innovation.

Our intention was not to address every innovation (like completely ignoring sighting the moon (hilaal) and total reliance on astronomical calculations, etc.) that has arisen regarding this issue. We believe others have dealt with those issues sufficiently. As for those who are striving to uphold this Sunnah (of sighting the hilaal) in the face of all of those who are inviting them to innovate; we have three pieces of advice for you. [1] You should have complete certainty in what you are doing because the overwhelming proof is in your favor. What was mentioned in this paper is, in reality, not even scratching the surface. There are many proofs that were left out. Like the well-known hadith ordering us to fast when we see the hilaal and to break our fast when we see the hilaal. It was not our intention to mention all of the proofs. We only mentioned a few as a means of alerting the intelligent. [2] You must not judge your actions based upon the number of people who practice it. But rather, judge your actions based upon its conformity to the early community (as-salaf). These are the last days. It is narrated on the authority of Abu Hurayrah that the Messenger of Allah (may bless him and grant him peace) said: Islam began as something strange (ghareeb), and it would revert to its (old position) of being strange. So glad tidings (tuuba) for the strangers (al-ghurabaa'). [3] Every community (jamaa'ah) should have some upright believers who are responsible for looking for the moon on the 29^th night of every lunar month. In our area – the Philadelphia area – the Majlis ash-Shurah of Philadelphia and Delaware Valley has established this. Those who are responsible have been doing this for decades and are diligent about it.

Muslims must be tolerant of each other and realize that there is a big difference between unity and uniformity. Allah commands the former and not the later.

This paper was written by Imam Ahmad Hannah and Imam Na'eem Abdullah. If there are any errors, they are from us and we welcome the correction and criticism.

Finally, we conclude by saying what Shaykh ‘Uthman Dan Fodio said in his book called ‘Umdat Ubaad (The Support of the Slaves of Allah). “Whoever devotes himself to what is in this book and takes some benefit from it, I ask that he include me in his pious supplication, that Allah may benefit me by it in this world and the hereafter. It has been related in the Sahih Muslim on the authority of Abu Dardaa', may Allah be pleased with him, that the Messenger of Allah, may Allah bless him and grant him peace, said,

((دَعْوَة الْمَرْء الْمُسْلِم لِأَخِيهِ بِظَهْرِ الْغَيْب مُسْتَجَابَة , عِنْد رَأْسه مَلَك مُوَكَّل , كُلَّمَا دَعَا لِأَخِيهِ بِخَيْرٍ قَالَ الْمَلَك الْمُوَكَّل بِهِ : آمِينَ وَلَك بِمِثْلٍ((

“The supplication of an individual Muslim for his brother who is absent is answered. There sits at his head an angel charged with his needs. Whenever he supplicates for blessings for his brother, the angel charged with his affairs says, Amen-and the like for you.”

Success is with Allah!