Series of answers by the eminent scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the questions of visitors to his Facebook page "Fiqhi."
Answer to a Question Moon Sighting and Astronomical Calculation
Praise be to Allah, and peace and blessings be upon the Messenger of Allah, his family, his companions, and those who follow him, and thereafter:
To the brothers who sent questions to our page inquiring about moon sighting and astronomical calculation...
Peace be upon you and the mercy of Allah and His blessings,
I have reviewed your questions regarding sighting (ru’yah) and astronomical calculation (hisab falaki). We have issued statements on this matter repeatedly, but there is no harm; I will clarify and emphasize it further, hoping that the brothers will contemplate it with composure and deep insight. I say, and with Allah is the success:
1- Dear brothers, we do not involve astronomical calculation in this matter. The text (nass) relies solely on sighting; we fast and break the fast based on it. If we do not see it on the evening of the twenty-ninth of Ramadan, we complete the count to thirty, even if the crescent moon exists according to astronomical calculation but was obscured by clouds or atmospheric conditions. The sighting is what counts because the text is based on the sighting and not on the cosmic phenomenon. Look at the hadith of the Messenger ﷺ narrated by Al-Bukhari: ...he said: I heard Abu Hurairah (ra) say: The Prophet ﷺ said, or he said: Abu al-Qasim ﷺ said:
صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ فَإِنْ غُبِّيَ عَلَيْكُمْ فَأَكْمِلُوا عِدَّةَ شَعْبَانَ ثَلَاثِينَ
"Fast at its sighting and break the fast at its sighting; if it is obscured from you, then complete the period of Sha‘ban as thirty." (Bukhari)
And then what was narrated by Ahmad: ...he said: I heard Abu Hurairah say: The Messenger of Allah ﷺ said:
لَا تَصُومُوا حَتَّى تَرَوْا الْهِلَالَ وَلَا تُفْطِرُوا حَتَّى تَرَوْا الْهِلَالَ، وَقَالَ: صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ فَإِنْ غَبِيَ عَلَيْكُمْ فَعُدُّوا ثَلَاثِينَ
"Do not fast until you see the crescent moon, and do not break the fast until you see the crescent moon. And he said: Fast at its sighting and break the fast at its sighting; if it is obscured from you, then count thirty." (Ahmad)
So, if it is obscured by clouds, for example, and the Muslims do not see it, even though it actually exists behind the clouds according to astronomical calculation, we do not break the fast based on that. Rather, we must fast the thirtieth day because we did not see it. I repeat, look at the hadith: "if it is obscured from you, then complete the period of Sha‘ban as thirty," even though it exists by astronomical calculation.
2- We realize that through astronomical calculation, it is known to the second when the conjunction (iqtiran) occurs, when the crescent is born, when it sets, and how many minutes it remains after sunset... but the Shar’i text did not specify the cosmic phenomenon, but rather the sighting. Look, for example, at the prayer times; you find that the text mentioned the cosmic phenomenon and was not limited to sighting:
أَقِمِ الصَّلَاةَ لِدُلُوكِ الشَّمْسِ
"Establish prayer at the decline of the sun." (Al-Isra [17]: 78)
إِذَا زَالَتِ الشَّمْسُ فَصَلُّوا
"When the sun declines, then pray."
Thus, the prayer was contingent upon the time; by whatever means you verify the time, you pray. If you look at the sun to see the time of its decline (zawal), or you look at the shadow to see the shadow of everything like it or twice its length as mentioned in the hadiths of prayer times—if you do that and verify it, the prayer is valid. If you do not do that, but rather calculate it astronomically and know that the time of decline is at such-and-such hour, and you look at your watch without going out to see the sun or the shadow, the prayer is valid. That is, you verify the time by any means. Why? Because Allah (swt) requested the prayer upon the entry of the time and left the verification of its entry to you without specifying the method of verification. As you see, if you perceive the decline with your vision you pray, and if you calculate it by your watch you pray; i.e., here (by sighting and calculation) you pray because the text is not about the sighting but about the cosmic phenomenon... and this is contrary to the Shar’i text for fasting and breaking the fast, which specified the sighting.
3- As for the witness possibly being confused and testifying that he saw it while he did not see the crescent but something else, this is the task of the judge (qadi) or the one in authority to announce the beginning and end of the month. He verifies the witnesses and their number; the more the number increases, the more the assurance grows. He verifies the soundness of the witness's sight, the direction of the crescent's arc, the duration of its stay after sunset, the place where he saw it, whether he is a Muslim, whether he is a transgressor (fasiq)... etc. Muhammad bin Abdul Aziz bin Abi Rizmah informed us, saying: Al-Fadl bin Musa reported to us from Sufyan from Simak from Ikrima from Ibn Abbas, who said: A Bedouin came to the Prophet ﷺ:
فَقَالَ رَأَيْتُ الْهِلَالَ فَقَالَ أَتَشْهَدُ أَنْ لَا إِلَهَ إِلَّا اللَّهُ وَأَنَّ مُحَمَّداً عَبْدُهُ وَرَسُولُهُ قَالَ نَعَمْ فَنَادَى النَّبِيُّ ﷺ أَنْ صُومُوا
"He said: I have seen the crescent. He (the Prophet) said: Do you bear witness that there is no god but Allah and that Muhammad is His servant and Messenger? He said: Yes. So the Prophet ﷺ announced: 'Fast!'" (Sunan an-Nasa'i)
This is how you verify the witness, but without involving astronomical calculation in the matter. That is, he does not say to him: Astronomical calculation determines that the crescent is present behind the clouds, or determines that it is not present. This is because involving astronomical calculation in the matter is contrary to what came in the hadith of the Messenger of Allah ﷺ: "Fast at its sighting and break the fast at its sighting; if it is obscured from you, then count thirty." The text is clear: to complete the month as thirty even though by calculation it exists behind the clouds, but it is not seen.
4- As for the questioner: (The Messenger ﷺ says: "We are an illiterate nation, we do not write or calculate. The month is like this and like this, meaning once twenty-nine and once thirty" (Bukhari); is it not understood by its opposite implication (mafhum al-mukhalafah) that we take by sighting because we do not write and calculate, so if we learn calculation, then we take by astronomical calculation?), this understanding is incorrect and is a rejected statement as is known in the Usul (principles of jurisprudence). This concept is suspended (mu'attal), because the description of "illiteracy" (ummiyyah) was mentioned to describe the majority state; the Arabs were, in the vast majority, illiterate. In addition, this concept has been suspended by the spoken text (mantuq) of other texts, including the hadith:
فَإِنْ غُمَّ عَلَيْكُمْ فَأَكْمِلُوا الْعِدَّةَ ثَلَاثِينَ
"If it is obscured from you, then complete the count as thirty." (Bukhari)
No condition was mentioned with it; i.e., if the sighting of the crescent is not possible due to clouds, rain, or any reason preventing the sighting, the Shar’i ruling has been determined as completing the month as thirty, even if the crescent has risen but the clouds obscure it. Therefore, the mantuq of the hadith is acted upon, and the mafhum al-mukhalafah is suspended. That is, the mafhum al-mukhalafah here is suspended for two reasons: its mention to describe the majority state, and because the mantuq of another text contradicts that concept.
This occurs in the conditions for acting upon the mafhum in more than one case; it is suspended if it describes the majority state, or if another text suspends it by its mantuq, such as:
وَلَا تَقْتُلُوا أَوْلَادَكُمْ خَشْيَةَ إِمْلَاقٍ
"And do not kill your children for fear of poverty." (Al-Isra [17]: 31)
"For fear of poverty" is a descriptive qualification (wasf mufhim). Likewise, it was mentioned to describe the majority state, as they used to kill them for fear of poverty. Furthermore, this concept was suspended by the text:
وَمَنْ يَقْتُلْ مُؤْمِناً مُتَعَمِّداً فَجَزَاؤُهُ جَهَنَّمُ
"And whoever kills a believer intentionally - his recompense is Hell." (An-Nisa [4]: 93)
Therefore, this concept is suspended; it is not said that the prohibition is killing children out of fear of poverty and that it is permissible if he kills him out of wealth! Rather, it is haram in both cases, whether out of poverty or wealth. Similarly, the verse:
لَا تَأْكُلُوا الرِّبَا أَضْعَافاً مُضَاعَفَةً
"Do not consume usury, doubled and multiplied." (Ali 'Imran [3]: 130)
"Doubled and multiplied" is a descriptive qualification, and it also described the majority state, for they used to practice usury doubled and multiplied. Then this concept was suspended by the text:
وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا
"But Allah has permitted trade and has forbidden usury." (Al-Baqarah [2]: 275)
Therefore, this concept is suspended; it is not said that the prohibition is excessive usury, while a small amount of usury is permissible. Rather, usury, regardless of its amount, is haram because the concept of "doubled and multiplied" is suspended as we mentioned.
Thus, the concept of the word (ummiyyah) is suspended as we have explained; meaning that if the sighting of the crescent is hindered by clouds or rain, the count of the month must be completed as thirty, whether we know the calculation or we do not.
5- Regarding Eid al-Fitr this year, if you noticed, we delayed the announcement this time, and the reason was to verify this matter, as there were different testimonies of sighting:
A- Afghanistan, Mali, and Niger announced the sighting after sunset on Saturday, 30/04/2022, and consequently announced Eid on Sunday, the first of Shawwal 1443 AH, corresponding to 01/05/2022 CE.
B- About 21 Arab countries announced that the sighting was not confirmed after sunset on Saturday, so they considered Sunday the completion of Ramadan and that Eid was Monday, 02/05/2022.
C- Four countries had it in their calendar that Saturday was the twenty-eighth of Ramadan; therefore, they did not investigate the sighting on Saturday evening, but on the following day, Sunday, and they did not see the crescent, so they considered Monday the completion of Ramadan and Eid was Tuesday, 03/05/2022. These countries are India, Bangladesh, Iran, and Pakistan.
6- Here, it was necessary to follow up on whoever saw it because he who sees is a proof over him who does not, and the verification of the sighting is as it is in the Shar’i texts without involving astronomical calculation in the matter, because the hadith of the Messenger ﷺ is clear on that. The Messenger ﷺ says: "if it is obscured from you, then count thirty." Since Mali and Niger are west of Afghanistan, it means that if the sighting is confirmed in Afghanistan, it is even more likely to be confirmed in Mali and Niger. Accordingly, we began verifying from Afghanistan, and the sighting announced in these three countries was:
A- Niger announced the confirmation of the sighting of the Shawwal crescent after sunset on Saturday in the Diffa, Tahoua, and Maradi regions, as well as in the city of Zinder.
B- The Supreme Court in Afghanistan announced, on Saturday evening, that Sunday, May 1st, is the first day of the blessed Eid al-Fitr 2022 in the country. As reported from that country, the sighting occurred in the provinces of (Ghor, Ghazni, Kandahar, Farah, and the confirmation of 27 valid testimonies with the regional committees...).
C- The state of Mali also announced the confirmation of the sighting of the Shawwal crescent on Saturday evening in two locations by 8 witnesses.
That is, the sighting was by about 39 witnesses in different locations... and we exerted our effort in verification, especially from Afghanistan, because Mali and Niger are to the west; so if the sighting was correct in Afghanistan, it is even more likely to be correct in Mali and Niger... we did not suffice with the media or even what reached us from the representatives in the provinces, but we added to that... we contacted the media person in Afghanistan, and also some Afghan brothers in Europe to contact some acquaintances in Afghanistan to verify the matter until we attained assurance of the confirmation of the sighting, so we announced it around twelve o'clock at night, Madinah time.
7- As for the questioner asking why Muslims differ in the sighting? The answer is easy and simple as follows:
A- The disagreement is due to not following the Shar’i ruling even though it is clear and evident! The Messenger of Allah ﷺ explained to us the obligation of following the sighting and emphasized that by saying ﷺ: "if it is obscured from you, then count thirty." It is clear from this the exclusion of astronomical calculation from consideration, because the text obligated the completion of the month as thirty if the crescent is not seen because clouds obscured it from vision, even if it exists behind the clouds and astronomical calculation proves its existence behind the clouds. Despite that, it is not correct to act upon it; rather, we complete the month as thirty as mentioned in the hadiths of the Messenger of Allah ﷺ: "Fast at its sighting and break the fast at its sighting; if it is obscured from you, then count thirty," and he ﷺ said:
لَا تُقَدِّمُوا الشَّهْرَ حَتَّى تَرَوْا الْهِلَالَ أَوْ تُكْمِلُوا الْعِدَّةَ ثُمَّ صُومُوا حَتَّى تَرَوْا الْهِلَالَ أَوْ تُكْمِلُوا الْعِدَّةَ
"Do not precede the month until you see the crescent or complete the count, then fast until you see the crescent or complete the count." (Narrated by Abu Dawood)
And he ﷺ said:
إِذَا رَأَيْتُمْ الْهِلَالَ فَصُومُوا وَإِذَا رَأَيْتُمُوهُ فَأَفْطِرُوا فَإِنْ غُمَّ عَلَيْكُمْ فَصُومُوا ثَلَاثِينَ يَوْماً
"When you see the crescent, fast, and when you see it, break the fast; if it is obscured from you, then fast thirty days." (Narrated by Muslim)
The hadiths on this are many, and they indicate that what is considered in that is the sighting of the crescent or the completion of the period. These hadiths do not mean that every single person must see the crescent himself; rather, what is meant by that is the testimony of just evidence. It was correctly narrated from Ibn Umar (ra) that he said:
تَرَاءَى النَّاسُ الْهِلَالَ فَأَخْبَرْتُ رَسُولَ اللَّهِ ﷺ أَنِّي رَأَيْتُهُ فَصَامَهُ وَأَمَرَ النَّاسَ بِصِيَامِهِ
"The people looked for the crescent, so I informed the Messenger of Allah ﷺ that I had seen it. So he fasted and ordered the people to fast." (Narrated by Abu Dawood)
B- As for the second reason, the Muslims are not united by a Khilafah; they do not have a single ruler who removes the disagreement without division. By contemplating the hadith of the Messenger ﷺ, this becomes clear. Ahmad narrated in his Musnad, saying: Hushaym informed us, Abu Bishr informed us from Abu Umayr bin Anas, my paternal uncles from the Ansar among the companions of the Messenger of Allah ﷺ narrated to me, saying:
غُمَّ عَلَيْنَا هِلَالُ شَوَّالٍ فَأَصْبَحْنَا صِيَاماً فَجَاءَ رَكْبٌ مِنْ آخِرِ النَّهَارِ فَشَهِدُوا عِنْدَ رَسُولِ اللَّهِ ﷺ أَنَّهُمْ رَأَوْا الْهِلَالَ بِالْأَمْسِ فَأَمَرَ رَسُولُ اللَّهِ ﷺ أَنْ يُفْطِرُوا مِنْ يَوْمِهِمْ وَأَنْ يَخْرُجُوا لِعِيدِهِمْ مِنَ الْغَدِ
"The crescent of Shawwal was obscured from us, so we woke up fasting. Then a caravan came at the end of the day and testified before the Messenger of Allah ﷺ that they had seen the crescent yesterday. So the Messenger of Allah ﷺ ordered them to break their fast on that day and to go out for their Eid the next morning." (Musnad Ahmad)
Despite the difficulty of communication between villages and cities at that time, the problem was solved by the Messenger ﷺ ordering the Muslims in Madinah to break the fast because the crescent was seen in the desert (Badiyah). Then he ordered the Muslims to pray Eid tomorrow because the delegation from the desert reached Madinah after the time for the Eid prayer had passed that day. This was at a time when conveying news from one country to another took a long time; so how about today when news travels with ultimate speed? If the Muslims had a Khalifah and one state, they would be brothers as servants of Allah, especially since the adoption (tabanni) in everything that unites Muslims and their unity is something Islam ordered for the state, the party, and the individual according to the Shar’i aspect. Thus, adopting the Shar’i opinion that unites Muslims is a matter of great status in Islam.
These two matters are what will remove the disagreement, and it is obligatory upon the Muslims to exert their effort to achieve them so that the Muslims return as the best nation brought forth for mankind, as Allah revealed in His decisive Book:
كُنْتُمْ خَيْرَ أُمَّةٍ أُخْرِجَتْ لِلنَّاسِ تَأْمُرُونَ بِالْمَعْرُوفِ وَتَنْهَوْنَ عَنِ الْمُنْكَرِ وَتُؤْمِنُونَ بِاللَّهِ
"You are the best nation produced [as an example] for mankind. You enjoin what is right and forbid what is wrong and believe in Allah." (Ali 'Imran [3]: 110)
In conclusion, I ask Allah (swt) to guide all Muslims to the most righteous of their affairs, to honor them with the glory of Islam, and to establish their state after a long absence. Consequently, they will not differ in the obedience of their Lord but will be as He (swt) said:
فَانْقَلَبُوا بِنِعْمَةٍ مِنَ اللَّهِ وَفَضْلٍ لَمْ يَمْسَسْهُمْ سُوءٌ وَاتَّبَعُوا رِضْوَانَ اللَّهِ وَاللَّهُ ذُو فَضْلٍ عَظِيمٍ
"So they returned with favor from Allah and bounty, no harm having touched them. And they pursued the pleasure of Allah, and Allah is the possessor of great bounty." (Ali 'Imran [3]: 174)
May Allah accept the acts of obedience. Peace be upon you and the mercy of Allah and His blessings.
Your brother, Ata Bin Khalil Abu Al-Rashtah
10 Shawwal 1443 AH Corresponding to 10/05/2022 CE