Series of answers by the eminent scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to questions from his Facebook followers on his page "Fiqhi"
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 the sighting of the crescent and astronomical calculation...
Assalamu Alaikum wa Rahmatullahi wa Barakatuhu,
I have reviewed your questions regarding the sighting and astronomical calculation. We have issued several statements on this matter before, but there is no harm in providing further clarification and emphasis. I hope the brothers will reflect upon them with deliberation and careful consideration. I say, and with Allah is the success:
1- Dear brothers, we do not include astronomical calculation in this matter. The Shar'i text relies only on the sighting (ru'yah), and we fast and break our 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 exists according to astronomical calculation but was hidden by clouds or atmospheric conditions. The sighting is what is considered because the text specifies the sighting and not the cosmic phenomenon itself. Look at the Hadith of the Messenger ﷺ narrated by Al-Bukhari: ...Abu Hurairah (ra) said: The Prophet ﷺ said, or Abu Al-Qasim ﷺ said:
صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ فَإِنْ غُبِّيَ عَلَيْكُمْ فَأَكْمِلُوا عِدَّةَ شَعْبَانَ ثَلَاثِينَ
"Fast upon seeing it and break fast upon seeing it. If it is obscured from you, then complete thirty days for Sha’ban." (Bukhari)
And that which was narrated by Ahmad: ...Abu Hurairah said: 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, and do not break your fast until you see the crescent. And he said: Fast upon seeing it and break your fast upon seeing it, and if it is obscured from you, then count thirty." (Musnad Ahmad)
Thus, if it is hidden 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 thirty days for Sha’ban," even though it exists by astronomical calculation.
2- We realize that through astronomical calculation, the exact second of the conjunction (iqtiran), when the crescent is born, when it sets, and how many minutes it remains after sunset can be known... but the Shar'i text did not specify the cosmic phenomenon, but rather the sighting. Look, for example, at the prayer times; you will find that the text mentions the cosmic phenomenon and did not limit it to sighting:
أَقِمِ الصَّلَاةَ لِدُلُوكِ الشَّمْسِ
"Establish prayer at the decline of the sun [from its meridian]." (Surah Al-Isra [17]: 78)
إِذَا زَالَتِ الشَّمْسُ فَصَلُّوا
"If the sun declines [from its zenith], then pray."
So, prayer was dependent on the time. By whatever means you verified the time, you prayed. If you looked at the sun to see the time of its decline, or looked at the shadow to see when the shadow of everything is equal to its length or twice its length as mentioned in the Hadiths of prayer times—if you did that and verified it, the prayer is valid. If you did not do that but calculated it astronomically and knew that the time of the sun's decline is at such-and-such hour, and you looked at your watch without going out to see the sun or the shadow, the prayer is still valid. That is, you verify the time by any means. Why? Because Allah (swt) asked you to pray upon the entry of the time and left the verification of its entry to you without specifying the method of verification. As you can see, if you perceive the sun's decline with your eyes, you pray, and if you calculate it by your watch, you pray. That is, here (by sighting and calculation), you pray because the text is not about the sighting but about the cosmic phenomenon... This is contrary to the Shar'i text for fasting and breaking the fast, which specified the sighting.
3- As for the possibility that a witness might be mistaken and testify that he saw it when he did not see the crescent but something else, this is the task of the Qadi (judge) or the person in authority regarding the announcement of 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 witness's vision, the direction of the crescent's curve, 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 that Al-Fadl bin Musa informed us from Sufyan from Simak from Ikrima from Ibn Abbas who said: A Bedouin came to the Prophet ﷺ and said:
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.' The Prophet asked: 'Do you bear witness that there is no god but Allah and that Muhammad is His servant and Messenger?' He said: 'Yes.' Then the Prophet ﷺ called out: 'O people, fast!'" (Sunan An-Nasa'i)
This is how the witness is verified, but without introducing astronomical calculation into 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 introducing astronomical calculation into the matter is contrary to what came in the Hadith of the Messenger of Allah ﷺ: "Fast upon seeing it, and break fast upon seeing it. If it is obscured from you, then count thirty." The text is clear: to complete the month as thirty days even though it exists behind the clouds according to calculation but is not seen.
4- As for the questioner who says: (The Messenger ﷺ says:
إِنَّا أُمَّةٌ أُمِّيَّةٌ، لاَ نَكْتُبُ وَلاَ نَحْسُبُ، الشَّهْرُ هَكَذَا وَهَكَذَا يَعْنِي مَرَّةً تِسْعَةً وَعِشْرِينَ وَمَرَّةً ثَلَاثِينَ
"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)
"Can it not be understood from its contrary implication (mafhum al-mukhalafah) that we rely on sighting because we do not write and calculate, so if we learn calculation, then we rely on astronomical calculation?"). This understanding is incorrect and is a rejected view as is well-known in Usul (principles of jurisprudence), as this concept is suspended (mu'attal) because the description "illiterate" (ummiyyah) was mentioned referring to the general state (makhraj al-ghalib), as the Arabs were, in the vast majority, illiterate. In addition, this concept has been suspended by the explicit meaning (mantuq) of other texts, including the Hadith:
فَإِنْ غُمَّ عَلَيْكُمْ فَأَكْمِلُوا الْعِدَّةَ ثَلَاثِينَ
"If it is obscured from you, then complete the count to thirty." (Bukhari)
And it was mentioned without a condition. That is, 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 to thirty, even if the crescent is rising but the clouds hide it. Accordingly, the explicit meaning of the Hadith is acted upon, and the contrary implication is suspended. That is, the contrary implication here is suspended for two reasons: its reference to the general state (makhraj al-ghalib), and because the explicit meaning of another text contradicts that implication.
This occurs in the conditions for acting upon the mafhum (implication) in more than one case; it is suspended if it refers to the general state, or if another text suspends it with its explicit meaning, such as:
وَلَا تَقْتُلُوا أَوْلَادَكُمْ خَشْيَةَ إِمْلَاقٍ
"And do not kill your children for fear of poverty." (Surah Al-Isra [17]: 31)
So, "fear of poverty" is a descriptive implication (wasf mufhim). Likewise, it refers to the general state (makhraj al-ghalib), as they used to kill them for fear of poverty. Furthermore, this implication has been suspended by the text:
وَمَنْ يَقْتُلْ مُؤْمِناً مُتَعَمِّداً فَجَزَاؤُهُ جَهَنَّمُ
"But whoever kills a believer intentionally - his recompense is Hell." (Surah An-Nisa [4]: 93)
Therefore, this implication is suspended. It is not said that what is forbidden is killing children for fear of poverty and that it would be permissible if killed while wealthy! Rather, it is forbidden in both cases, whether due to poverty or wealth. Similarly, the verse:
لَا تَأْكُلُوا الرِّبَا أَضْعَافاً مُضَاعَفَةً
"Do not consume usury, doubled and multiplied." (Surah Ali 'Imran [3]: 130)
So, "doubled and multiplied" is a descriptive implication. Likewise, it refers to the general state, as they used to practice usury in doubled and multiplied amounts. Furthermore, this implication has been suspended by the text:
وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا
"But Allah has permitted trade and has forbidden interest (usury)." (Surah Al-Baqarah [2]: 275)
Therefore, this implication is suspended. It is not said that the forbidden is excessive usury, while a small amount is permissible. Rather, usury, regardless of its amount, is forbidden because the implication of "doubled and multiplied" is suspended, as we said.
Thus, the implication of the word "illiterate" is suspended as we have clarified. This means that if the sighting of the crescent is hindered by clouds or rain, the count of the month must be completed to thirty, whether we know how to calculate or 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 the sunset of 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 established after the sunset of Saturday, so they considered Sunday to be the completion of Ramadan and that Eid was Monday, 02/05/2022.
c- Four countries had a calendar where Saturday was the twenty-eighth of Ramadan; therefore, they did not investigate the sighting on Saturday evening, but on the following day, Sunday. They did not see the crescent, so they considered Monday to be the completion of Ramadan and Eid on Tuesday, 03/05/2022. These countries are India, Bangladesh, Iran, and Pakistan.
6- Here, it was necessary to follow those who saw it, because the one who sees is a proof against the one who did not see, and the verification of the sighting must be as specified in the Shar'i texts without introducing astronomical calculation into the matter. This is because the Hadith of the Messenger ﷺ is clear in that; the Messenger ﷺ says: "If it is obscured from you, then count thirty." Since Mali and Niger are west of Afghanistan, if the sighting is established in Afghanistan, it is even more likely to be established in Mali and Niger. Accordingly, we began verifying with Afghanistan, and the announced sighting in these three countries was as follows:
a- Niger announced the establishment of the sighting of the Shawwal crescent after the sunset of Saturday in the regions of Diffa, Tahoua, Maradi, and also in the city of Zinder.
b- The Supreme Court in Afghanistan announced on Saturday evening that Sunday, May 1, 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 establishment of 27 valid testimonies with the regional committees...).
c- The state of Mali also announced the establishment of the sighting of the Shawwal crescent on Saturday evening in two locations by 8 witnesses.
This means that the sighting was reported by about 39 witnesses in different locations... We exerted our utmost effort in verification, especially from Afghanistan, because Mali and Niger are to the west; so if the sighting was correct in Afghanistan, it is more likely correct in Mali and Niger... We did not settle for the media outlets or even what reached us from representatives in the provinces, but we added to that... We contacted the media official in Afghanistan, as well as some Afghan brothers in Europe to contact acquaintances in Afghanistan to verify the matter, until we reached assurance of the establishment of the sighting, so we announced it around midnight Medina time.
7- As for the questioner asking why Muslims differ in the sighting, the answer is simple and easy, as follows:
a- The disagreement is due to the failure to follow 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 this by saying: "If it is obscured from you, then count thirty." It is clear from this that astronomical calculation is excluded from consideration, because the text obligated completing the month as thirty if the crescent is not seen because the clouds hid it from view, even if it existed behind the clouds and astronomical calculation proves its existence there. Despite that, it is not permissible to act upon it; rather, we complete the month as thirty as mentioned in the Hadiths of the Messenger of Allah ﷺ: "Fast upon seeing it, and break fast upon seeing it. 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 your fast; and if it is obscured from you, then fast for thirty days." (Narrated by Muslim)
The Hadiths on this matter are numerous, and they indicate that what is considered in this is the sighting of the crescent or the completion of the count. These Hadiths do not mean that every individual must see the crescent themselves; rather, what is meant is the testimony of just evidence (al-bayyinah al-'adilah). It has been correctly reported 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, and 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 gathered by a Khilafah (Caliphate); 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: Hushaim narrated to us, Abu Bishr informed us from Abu Umayr bin Anas, my uncles among the Ansar from 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 started the day 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 when the Messenger ﷺ ordered the Muslims in Medina to break the fast because the crescent had been seen in the desert (Badiyah), then he ordered the Muslims to pray the Eid the next day because the desert delegation reached Medina after the time for the Eid prayer had passed that day. This was at a time when transporting news from one country to another took a long time. So what about today when news travels at extreme speed? If the Muslims had a Caliph and a single state, they would have been brothers as servants of Allah, especially since adoption (tabanni) in everything that unites the Muslims and their unity is something commanded by Islam for the state, the party, and the individual according to the Shar'i perspective. Indeed, adopting the Shar'i opinion that unites the Muslims is a matter of great status in Islam.
These two matters are what would remove the disagreement. It is obligatory for Muslims to exert their utmost effort to achieve them so that the Muslims return to being the best nation produced 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." (Surah Ali 'Imran [3]: 110)
In conclusion, I ask Allah (swt) to guide all Muslims to their most guided matter, to honor them with the glory of Islam, and to establish their state after a long absence, so that they do not differ in obedience to their Lord, but rather 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." (Surah Ali 'Imran [3]: 174)
May Allah accept the acts of obedience. Wassalamu Alaikum wa Rahmatullahi wa Barakatuhu.
Your brother, Ata Bin Khalil Abu Al-Rashtah
10 Shawwal 1443 AH Corresponding to 10/05/2022 CE