The Shari'ah Courts in the Kingdom of Saudi Arabia Operate Based on Visual Sighting
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Q: Your presence, the Shaykh, the Grand Mufti, 'Abd al-'Aziz ibn 'Abd Allah ibn Baz (may Allah preserve him).
Peace be upon you and the mercy of Allah and His blessings:
This is a written letter from Dr. Ahmad Muhammad al-Maqri, the Director of the Islamic Fiqh Academy. He acknowledges that the calculations of the Umm al-Qura calendar are performed in advance based on the time of the conjunction of the sun and the moon. On this basis, it is impossible to see the crescent moon before the conjunction occurs. Most announcements by the Saudi Shari'ah Courts are based on this calendar regarding Ramadan and the festivals. So how do you issue a fatwa, for twenty years, that the announcements of the Shari'ah Courts are correct and in accordance with the Shari'ah? And how do you support this erroneous announcement consistently?
It is due to your fatwa that the spread and opposition [to the ruling] began in Britain, America, and most of Europe. This is because people believe that you are pious and that your fatwas are correct, so they act upon your fatwas. They fast Ramadan and pray the festival prayer based on the announcement of the Saudi government, which is one or two days early. Some others fast based on the actual visual sighting, which occurs one or two days later. Thus, the festival falls on two or three days in one country, or even in one family, and people quarrel among themselves. This is specifically due to your fatwa.
I have sent you the written letter repeatedly, asking you to first verify the method of the Saudi government's announcement. Is it based on the actual visual sighting, or on the Umm al-Qura calendar which is advanced based on the time of conjunction, or on false testimony? But until now, you have not addressed this, nor have you retracted your fatwa. Rather, you issue a fatwa that the Saudi government's announcement is correct.
O Shaykh: Read the letter of Ahmad Muhammad al-Maqri, and do not issue a fatwa from now on that the Saudi government's announcement is correct. Retract your previous fatwa, and you will have the reward. And peace.
And upon you be peace and the mercy of Allah and His blessings. As for what follows:
The basis for establishing the month of Ramadan, the month of Shawwal, and the month of Dhu al-Hijjah is visual sighting, not calculation. This is based on the saying of the Prophet (peace and blessings be upon him):Sunan an-Nasa'i 2124Sahih (Darussalam) It is not permissible to rely on calculation, because that contradicts the established Sunnah of the Prophet (peace and blessings be upon him) found in the two Sahihs and others.
The Shari'ah Courts in Saudi Arabia operate based on visual sighting and rule accordingly. We support them in this, in obedience to Allah (Glorified and Exalted is He) and His Messenger (peace and blessings be upon him). This is the position of the most knowledgeable among the scholars of knowledge. We advise you to fear Allah and to act in accordance with His saying (Glorified and Exalted is He): [Al-Hashr: 7], and His saying (peace and blessings be upon him) : [Al-Nisa: 80], and His saying (Glorified and Exalted is He): [Al-Nur: 54].
And may Allah send prayers and peace upon him, and upon his family and his companions and those who follow them with excellence. And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you and the mercy of Allah and His blessings:
This is a written letter from Dr. Ahmad Muhammad al-Maqri, the Director of the Islamic Fiqh Academy. He acknowledges that the calculations of the Umm al-Qura calendar are performed in advance based on the time of the conjunction of the sun and the moon. On this basis, it is impossible to see the crescent moon before the conjunction occurs. Most announcements by the Saudi Shari'ah Courts are based on this calendar regarding Ramadan and the festivals. So how do you issue a fatwa, for twenty years, that the announcements of the Shari'ah Courts are correct and in accordance with the Shari'ah? And how do you support this erroneous announcement consistently?
It is due to your fatwa that the spread and opposition [to the ruling] began in Britain, America, and most of Europe. This is because people believe that you are pious and that your fatwas are correct, so they act upon your fatwas. They fast Ramadan and pray the festival prayer based on the announcement of the Saudi government, which is one or two days early. Some others fast based on the actual visual sighting, which occurs one or two days later. Thus, the festival falls on two or three days in one country, or even in one family, and people quarrel among themselves. This is specifically due to your fatwa.
I have sent you the written letter repeatedly, asking you to first verify the method of the Saudi government's announcement. Is it based on the actual visual sighting, or on the Umm al-Qura calendar which is advanced based on the time of conjunction, or on false testimony? But until now, you have not addressed this, nor have you retracted your fatwa. Rather, you issue a fatwa that the Saudi government's announcement is correct.
O Shaykh: Read the letter of Ahmad Muhammad al-Maqri, and do not issue a fatwa from now on that the Saudi government's announcement is correct. Retract your previous fatwa, and you will have the reward. And peace.
And upon you be peace and the mercy of Allah and His blessings. As for what follows:
The basis for establishing the month of Ramadan, the month of Shawwal, and the month of Dhu al-Hijjah is visual sighting, not calculation. This is based on the saying of the Prophet (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 complete thirty (days).
صوموا لرؤيته وأفطروا لرؤيته، فإن غم عليكم فأكملوا العدة ثلاثينThe Shari'ah Courts in Saudi Arabia operate based on visual sighting and rule accordingly. We support them in this, in obedience to Allah (Glorified and Exalted is He) and His Messenger (peace and blessings be upon him). This is the position of the most knowledgeable among the scholars of knowledge. We advise you to fear Allah and to act in accordance with His saying (Glorified and Exalted is He):
And whatever the Messenger has given you - take; and what he has forbidden you - refrain from
وَمَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانتَهُواHe who obeys the Messenger has obeyed Allah
مَّنْ يُطِعِ الرَّسُولَ فَقَدْ أَطَاعَ اللّهَSay, "Obey Allah and obey the Messenger; but if you turn away - then upon him is only that [duty] with which he has been charged, and upon you is that with which you have been charged. And if you obey him, you will be [rightly] guided. And there is not upon the Messenger except the [responsibility for] clear notification."
قُلْ أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ فَإِن تَوَلَّوا فَإِنَّمَا عَلَيْهِ مَا حُمِّلَ وَعَلَيْكُم مَّا حُمِّلْتُمْ وَإِن تُطِيعُوهُ تَهْتَدُوا وَمَا عَلَى الرَّسُولِ إِلَّا الْبَلَاغُ الْمُبِينُAnd may Allah send prayers and peace upon him, and upon his family and his companions and those who follow them with excellence. And peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.