This Article is based on a requested answer from Darul Ifta London in regards to following Local Moon Sighting or following nearest country even if the Moon can be sighted here in the UK, by the “Islamic Crescents Observation for the UK ICOUK.” We present the whole question and related issue from the ICOUK.
UK Moon Sighting Review
Respected Ulama of Darul Iftaa,
Assalamu Alaykum wa-Rahmatullahi wa-Barakatuh.
Please see the attached Introduction to ICOUK organisation from the UK with 4-years moon sighting data.
We are appealing to the Darul Ifta London for guidance on the issue of Moon Sighting in the UK. In the past, we have been following distant countries such as Morocco or Saudi Arabia or even South Africa (8,000 miles away) on the basis that the Crescent Moon (Hilal) was not possible to be sighted in the UK (due to bad weather).
However, this is not the case any longer, Alhamdulillah. From our actual moon sighting experience over many (10+) years, we strongly believe that it will not be difficult to see the Hilal in the UK any longer and request your advice if we should start to follow the original position of Local Moon Sighting (for a united Ramadan/Eids), InshaAllah?
The purpose of seeking you above advice is that the UK local moon sightings will not reap the benefit of united Ramadan/Eids for us if different Muslim groups from the UK chose to follow different countries, since those countries will have different 29th dates, which will continue to lead to divisions that we are trying to avoid.
For example, on 5 November 2021 (29 Rabi-ul Awwal 1443) the Hilal was not sighted in the UK or Morocco but it was sighted in South Africa (in the opposite Hemisphere), so those who follow Morocco and South Africa will look for next Hilal of Rabi-ul Thani 1442 on different 29th dates. If this was the end of Ramadan, then one group will be fasting while other group will be feasting, which we are trying to avoid with your help and guidance.
Therefore, please advise if it is permissible for us to follow far distant countries (eg. Saudi Arabia or South Africa or even Morocco) if the moon can be easily sighted in the UK according to the rules of Shariah? JazakAllahu Khaira!
بسم الله الرحمان الرحيم
وعليكم السلام ورحمة الله وبركاته
We are great full that ICOUK has sought advice and guidance on the issue of Moon Sighting in the UK and the permissibility regarding following far distant countries. We give you the following guidance and advice according to your statement which is attached on the above page with this guidance:
Principle one: As far as the Sunnah of sighting the moon is concerned, in accordance to the facts in the Qur’an[1] and Ahadeeth,[2] the commencement of fasting and two Eid should be performed by (Mushahadah) actual visibility of the crescent moon with the naked eye.[3] The sighting of the moon in the region should be firmly established (having fulfilled all the Shar’ie conditions) as being sighted.[4] The crescent (due to its size at the end of the 29th day) may be visible or vice-versa depending on the Moon’s ‘phases’, thus, the pronouncement of ‘sighted or not sighted’ has to be declared. Therefore, the main principle is the actual visibility with the naked eye even though some optical aid (binoculars or telescopes) or CCD imaging cameras can be used as an aid.
Conditions
(a) Witness
Must be: Muslim, sane, adult, not blind, (most importantly just & honest), “I testify” word must be used in the testimony and must be an eye witness).
(b) Witness over the witness(es)
(c) The actual witness must be present in that event of observation and not testify on hearsay.
(d) Witness over the ‘Decree from the Islamic Court’
(e) In absence of Islamic Court by a Mufti Board/Islamic Scholars
(f) Observation of the moon is widely confirmed and accepted by the majority
As for the timetable of Salah, though we follow (الحساب الغربي) Gregorian Calendar (astronomically some data are definitive and conclusive) however, the fact of this astronomical timetables are confirmed through Mushahadah (observation) for example, the beginning and the end of Salah are explained in the ahadeeth of (Mawaqit as Salah) in detail, (please study them for more explanation).[5] Thus the fundamental principle is based on the observation through the naked eye due to the orbit of the sun. However, determining the visibility of the hilal is not definitive and conclusive as opposed to the sun.
Principle two: If there is a contradiction between observation with the naked eye and astronomical calculation (based on the ‘phases’ which takes 29.5 days to cycle by the moon in the sky again) then in this circumstance the observation with the naked eye would take precedence.
(a) Especially when it is declared that it is impossible to view the crescent even with optical aids, and or in this instance one or two individuals claim that they have observed it then, it would not be accepted unless it is observed and confirmed by (“Jamm-e-Gafeer” a large number of people) which then their observation will be taken into consideration.
(b) For example, when the horizon is clear, then observation of a large group will be taken into consideration than an individual’s observation.
(c) In contrast, when the weather is cloudy then if two reliable and just people in conjunction with a testimony confirms that they have observed it then, Ramadan can be started upon their declaration.[6]
(d) However, to end the Ramadan for Eid al Fitr, whether the weather is cloudy or clear in both situations it needs to be observed and confirmed by a large group. This is the view of Hanafi Fuqahaa (jurists).[7]
(e) In addition, if the declaration is made based on an astronomical calculation and at the same time it wasn’t possible to observe the moon with the naked eye, then the astronomical calculation will not be accepted and should not be used as a tool to commence and end the Ramadan.
(f) Instead, we should approach the nearest country for any confirmation of observation, and verify it that was observed following the Sunnah. If this is established then in this instance we can follow the distant country whether it is Morocco, South Africa, or Saudi Arabia.[8] This view is based on the majority of contemporary scholars’ opinion in the absence of any confirmation of visibility of the moon on the 29th day.
(1) With regards to following the above countries, the Ulama gives more preference in following Saudi Arabia due to its more accuracy and reliability.
(2) Nevertheless, as Morocco is our nearest country it can be followed in the above situation if it is unanimously agreed to follow based on the principle of unity and uniformity.
(3) As for following South Africa, again it will depend on the unanimous agreement between Ulama in this situation.
(g) However, if it appears that by following the nearest country it would create divergence by two days difference, which either 1 day less or 1 day more i.e either it would be 28 days or 31 days here in the UK[9] (as Arabic months are either 29 or 30 days) by following either of these countries, then it is unacceptable to follow in this instance, rather we should stick to the local observation if it’s possible or follow the method mentioned below at principle 3 to avoid any discrepancies.
Principle three: If the above-mentioned methods are not possible, then we should follow the rule of Hadeeth, which is “if it is obscured (observing Hilal) from you (too cloudy), then complete thirty days.[10] This principle is safest to follow in a situation where there is a chance of being perplexed with information and the non-visibility of the moon in any region.
(a) According to your organization’s claim that you “strongly believe that it will not be difficult to see the Hilal in the UK any longer” raises a question that how is this possible to view approx 99%, with the naked eye whilst adverse weather conditions persist throughout the year (as it’s an Island between oceans) here in the UK? Based on the few years of statistical data that you have provided, if this is accurate and you maintain the principles of the Shariah (conditions mentioned above), which also matches the Fiqh rules of Difference of sightings (اختلاف المطالع) and nearest Latitude for observing the Hilal then, it will be strongly advised to accept your organization’s claim of sighting the moon as a cause of unity and major benefit of this Ummah.[11]
(b) We remark that as an organization like yours and others are generally formed to help formalize a united date for Ramadan and two Eid thus, participating in such an organization will enhance and expand the unity and uniformity of the Muslim Ummah, then it is strongly advisable to join or follow such alliances.[12]
(c) Keeping in mind the unity and uniformity of the Muslim Ummah, if a large group unanimously agrees that the Hilal has been sighted with the naked eye in accordance to the Shariah and as this agreement is based on Ijtihad then it is recommended to follow this unanimous agreement as opposed to following any distant country.
(d) This view has been supported by the latest (mutaakh-khirin) ahnaf like Imam Zaylai r.a[13] and including other Imams such as Imam Ash-Shafi’e (r.a), Imam Malik (r.a), Ibn Taimiyyah (r.a) who have stated that “it is obligatory that every land judge according to its sighting and the lands that are in the same sighting zone of the new moon must follow it”. This is also the view of renowned Saudi scholar Shaykh Ibn Uthaymeen r.a.[14]
(e) However, if the above-mentioned point d is not possible due to it not being according to the Shariah, hence we can follow the direction as mentioned at point 2 (f), and eventually, if that is either not possible then we need to follow the instruction as mentioned at principle 3 above.
According to the principles that we have explained above, our last submission to all of those who are seeking guidance and advice from our institution Darul Ifta London is that we strongly believe in unity and uniformity, therefore, as far as its possible and practicable we should enhance our cooperation with these kind of efforts and hard-working organizations. Bearing in mind that the concept of unity does not mean that the entire Muslim Ummah must perform their act of worship at the same time throughout the world, which is physically impossible. It simply means that all Muslims should treat each other with brotherly sympathy and affection and not create any divisions amongst themselves. Nor go against the teachings of the Qur’an and Sunnah. We pray that Allah creates unity amongst us in particular for sighting the moon, Ameen.
والله اعلم بالصواب
[1] Surah al-Baqarah 2:185
[2] [1] Bukhari-1906 [2] Muslim-1081 [3] Tirmizi-684 [4] Badaius sanai’e vol-2, p-594
[3] [1] Tirmizi-688 [2] Abu Dawud-2327 [3] Ibn Hibban-3594
[4] [1] Tirmizi-693 [2] Abu Dawud-2332
[5] [1] Muslim-614 [2] Nasai-523 [3] Abu Dawud-395
[6] [1] Sunan Abi Dawud-2342 [2] Ibn Hibban-3447 [3] Al-Mustadrak-1541
[7] [1] Radd al Muhtar vol-3, p-364 [2] Badaius sanai’e vol-2, p-594
[8] Fathul Mulhim, vol-3, p-113
[9] Ibid
[10] [1] Bukhari-1906/7 [2] Muslim-1080 [3] Tirmizi-688 [4] Sunan An Nasai-2121 [5] Abu Dawud-2320 [6] Ibn Majah-1655
[11] [1] Tirmizi-697 [2] Ibn Majah-1660
[12] Majmoo’ al-Fatawa, 19
[13] Including [1] Imam Shah Anwar Kashmiri r.a [2] Allama Shabbir Ahmed Uthmani and [3] Mufti Taqi Uthmani d.b
[14] [1] Surah al-Baqarah 2:185 [2] Bukhari-1906 [3] Al-Aqalliyaat al_Muslimah, p-84