Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

If the crescent of Ramadan is sighted in an Islamic country, is it obligatory for all other Islamic countries to fast based on that sighting?

Machine translationRead the Arabic original
The Shaykh : And our companion and others. Please, go ahead.

The questioner : O our Shaykh, last year in Ramadan, in our country in the Americas, we differed regarding the sighting of the crescent, and the Muslims differed into three groups.

The Shaykh : Allahu Akbar, do not say "groups" (millat), say "several opinions."

The questioner : Yes, so some said we will fast with the people of Saudi Arabia as we do every year, and some said we will fast with the first one who sights the crescent, which I think, and Allah knows best, was Algeria and Syria. And some said based on the difference in moonrise times, and he cited, of course, a jurisprudential opinion in the Assembly of Muslim Jurists in America, where they stated in the fatwa that the sighting of the crescent is specific to America and differs from the Muslim countries in the East. So what is your opinion on this issue? And in answering, it follows: what is the ruling on the festival prayer if the moonrise times differ?

The Shaykh : Yes, regarding the festival prayer when the moonrise times differ, I think this last question is not precise, but in any case, we will return to it. My opinion among those three opinions is the one that says we fast with the first sighting. In your question, it was mentioned that what happened there was that Algeria confirmed the crescent before the other Arab countries. Therefore, we see that Muslims in any country should fast upon the first correct news that reaches them confirming the crescent of Ramadan. This is because his saying (peace and blessings be upon him):
Fast when you see it and stop fasting when you see it, and if it is obscured from you (too cloudy), then count it as thirty (days). صوموا لرؤيته وأفطروا لرؤيته ، فإن غم عليكم فأتموا الشهر ثلاثين يومًا
Sunan an-Nasa'i 2118Sahih (Darussalam)
is an address to the entire Ummah. It is self-evident that the entire Ummah cannot see the crescent; rather, usually one or more individuals from it see it. So, O Ummah, fast upon the sighting of one of you or more. And of course, the scholars differed on whether the sighting of the crescent is established by the sighting of one individual or not? There is much disagreement, and we see that the matter returns to the Shari'ah judge who rules with what Allah has revealed. Part of that is that if a witness comes to him and he is satisfied with his testimony, first, that he is a righteous man and not an open sinner by any of the sins by which a Muslim becomes an open sinner. This is first. Second, he trusts his alertness and acuity, because this is a point the judge must consider and not be satisfied with the witness's righteousness alone, but he must also study his alertness and acuity. Otherwise, the case of some of those who see or testify to the moon might be like that man who came to 'Umar and testified that he saw the crescent. 'Umar asked, "Where did you see it?" He said, "In such-and-such a place." So he went with him, and he saw nothing. Then 'Umar focused his vision and saw a hair from his eyebrow that had fallen onto his eye, and he thought the hair falling on his eye was the moon. The point is, we do not care whether the story is true or not, but we take a lesson from it: this is something that can happen. Therefore, the judge must first be knowledgeable of the Book and the Sunnah and be discerning, so he does not accept the testimony of any person who lacks precision in observation and looking. If this Shari'ah judge establishes the crescent of Ramadan in any country of Islam, then all countries of Islam must fast for this sighting and not divide as happened with you there. But it is not strange that this happens in America, as this happens in Islamic countries. It happened here: some fast with Saudi Arabia, and some fast with the local sighting, and so on. Why? The problem is that there is no general awareness among Muslims. General awareness; I do not mean that the Muslim must be knowledgeable of every issue, which is impossible because that is a matter of specialization. But something that repeats every year and disagreements occur around it every year requires general awareness about this issue, and one must know the correct opinion by which the fatwa is issued, supported by evidence from the Book and the Sunnah. This issue is one of those issues that the general Muslims must be aware of, namely this hadith, and this interpretation:
Fast when you see it صوموا لرؤيته
Now, "fast upon its sighting" is either an address directed to the entire Ummah, and this is the correct view, or it is not. Look now at how the research and investigation of the truth proceeds. We said it is an address to the entire Ummah: "Fast upon its sighting," even if it is by one individual, with the aforementioned condition. No, this is not an address to the entire Ummah, say the others, those who say by the difference in moonrise times. Now we say to them: what are the moonrise times? Do you first want the Muslims to be students of geography and astronomy so that they are fully aware of the difference in moonrise times? This is first. I will say from their side and from their perspective: there must be scholars among the Muslims in everything that benefits the Muslims. I say to them, yes, but can the moonrise times be defined with a material, natural definition such that no disagreement can occur among the same astronomers or geographers? No, these are, in short, relative issues. When the moon rises for us, for example, in the northwest corner, is that clear? Suppose this is the west and this is the east. The moon, like the sun, has different moonrise times. Suppose it is the month of Ramadan; the moon will rise for us from this eastern corner. Do you see in Syria from which corner of the western corner it rises? I said the eastern one just now?

The questioner: Yes.

The Shaykh : No, I meant the northern one. Do you see, if the moon rises for us here from the northwest direction, from that corner, from which direction does the moon rise in Syria? I believe from the exact same direction, because these distances that we see as far, relative to Jordan and Syria, relative to the Earth, fold these distances, and this difference does not appear. Is there one of you who can provide me with your knowledge and be more knowledgeable than me in geography and astronomy, so that you can correct me in what I say? Or is what I am saying the correct one?

The questioner : And Jordan is located on latitude 23.

The Shaykh : There is no difference.

The questioner : There is no difference, but America is located on a different longitude.

The Shaykh : No problem, no problem, because I want to clarify my position in what I am saying, fearing that I might be wrong and then everything I have built will collapse. No, I clarify my position beforehand. Rather, it is better. Now, Jordan's moonrise and Syria's moonrise are considered not to have different moonrise times. Here, the countries differ, do you see how? So the issue is a political issue, and we return to saying, as you said, America naturally differs from us, but what is the evidence that actually, if the moonrise times differ, the day of fasting differs? We demolish this from its root. But we took the first path to show that this screen is a facade, that the difference in moonrise times for some countries is not absolutely correct, but rather the difference of these small states made the system of differing moonrise times a justification for differing in entering the fast, and that is not the case at all. But it is true that there is a difference between, for example, North America and South America; there is a very large difference. But where is the evidence that the cause for not fasting by one sighting from one country is that this does not obligate fasting unless the moonrise time is unified, and if it differs, one must break the fast and it is not permissible to fast? We do not have any evidence for this claim. So this remains his saying (peace and blessings be upon him) mentioned earlier:
Fast when you see it صوموا لرؤيته
is directed to the entire Ummah, with no difference between one who is in the North Pole or one who is in the South Pole, or one who is in the East or one who is in the West. There is no difference, only in the sense that the crescent of Ramadan is established. But in terms of the start of fasting, it will naturally differ, like the difference between night and day. This is clear. But the establishment of the crescent is established wherever this news reaches us. And this is a wisdom in its place to remove disagreement in one of the symbols of Islam. Is this clear?

The questioner: Yes.

The Shaykh : So did you take the answer to your question? Is there anything remaining?

The questioner : Yes, what remains now is the festival prayer.

The Shaykh : The festival prayer follows this answer.

The questioner : But what happened is the opposite of what is the original in the matter.

The Shaykh : Yes, exactly.

The questioner : In America, we fasted based on a specific moonrise for us, meaning the Muslim countries fasted a day before us due to the confirmation of the crescent sighting in those countries.

The Shaykh: Okay

The questioner : For example, let us say Algeria or Saudi Arabia, where the sighting has been confirmed. The Muslims in America fasted on the following day, regardless of the time difference.

The Shaykh : Excuse me, but they fasted on the second day. According to whom?

The questioner : According to America, based on the sighting they saw, because they did not accept the sighting of the crescent in that country, which is Algeria...

The Shaykh : Excuse me, do I understand from your words that some people in America saw the crescent?

The questioner : They saw the crescent on the day following the day the man saw it in Algeria or Syria. Consequently, there is a full day's difference between us, regardless of the time zone.

The Shaykh : Excuse me, before that, before the clear difference, but when they fasted in America, did they fast based on the sighting?

The questioner : The sighting specific to America.

The Shaykh : So, those who fasted in America, while being in America, saw the crescent, so they fasted based on that?

The questioner: Yes.

The Shaykh : Well, they are currently following their own sighting, but the correct ruling, as we said earlier, is that if the confirmation of the crescent reaches them from a country in the lands of Islam, they must fast based on the sighting of that country.

The questioner : It was confirmed, and they differed.

The Shaykh : As for if they fasted based on their own sighting, they also break their fast based on their own sighting. They do not mix their sighting with the sighting of others; because the result might be that they fast for twenty-eight days, which is wrong. So they must complete the fast for twenty-nine days. On the night of the thirtieth, they must observe the crescent. If they see the crescent of Eid, the crescent of Shawwal, they break their fast the next day, and they will have fasted for twenty-nine days. If it is cloudy for some reason, they complete thirty days, even if Algeria broke its fast a day or two before them.

The questioner : Yes. What is the ruling for the few individuals, the ordinary people, who fasted with Saudi Arabia or Algeria, who started their fasting a day before the people of America, and who reside in those countries? Is their Eid with the people of Saudi Arabia or Algeria, or is their Eid prayer with the people of America themselves?

The Shaykh : This is one of the problems that arises from mixing this with that...

The questioner : And what is the ruling regarding the prayer in that matter? Do we pray Eid with them, or do we pray our prayer alone?

The Shaykh : We will see. When you want to pray Eid, has Eid been confirmed for you?

The questioner : In America, no, but it was confirmed in Algeria and Syria.

The Shaykh : This answer has already been given—may Allah have mercy on you—the answer to this has already been given. Those who fasted based on the sighting of their country must break their fast and celebrate Eid based on the sighting of their country. If they see it, good; if they do not see it, they complete the month for thirty days. As for these people, if some of them celebrate Eid with those who were not in America, is that what you say?

The questioner: Yes.

The Shaykh : Well, we say that we think their fasting will be incomplete. What do you think as a practical matter?

The questioner : I think so.

The Shaykh : As a practical matter.

The questioner : Yes, because of the time difference.

The Shaykh : So, these people must make up the fast, either one day or two days, depending on the country where they broke their fast with those who broke their fast in other countries. If all the people of the country fasted for thirty days, they must make up two days. If they fasted for twenty-nine days, they make up one day. Is that clear?

The questioner: Yes.

The questioner : Disobeying the ruler. This happens in some Arab countries.

The Shaykh : I did not understand the first word?

The questioner : Disobeying the ruler?

The Shaykh : Yes, it is not permissible, it is not permissible.

The questioner : And in that case, do they break their fast in secret?

The Shaykh : No. No, rather they follow the people, with the people,
So, the day of fasting is the day people fast, and the day of breaking the fast is the day people break their fast. فالصوم يوم يصوم الناس ، والفطر يوم يفطرون الناس
, and the error falls upon the burden of those people. Yes. What is your question?
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas