174 JPAIR Multidisciplinary Research ABSTRACT Muslim communities are known to be united, but every year, towards the start of Ramadhān, some of them argue which started to be divided over the issue on the determination of the start of the blessed month. This study aimed to investigate the different options proposed for the determination of the month of Ramadhān including local and global sighting; Number of witnesses required; Size of Matla’; and Saudī Sighting Process and its implications. Data were gathered through an in-depth study using the descriptive method. The objectives were to determine the universally accepted legal opinion on sighting the New Moon in connection with the elimination of differences that frequently surface and for ensuring the celebration of ‘Eid on a single day in one lunar unit. Based on the findings, it is revealed that sighting the new moon must be conducted in each locality because there are Multiple Horizons (the time at which the moon rises, varies from place to place). Muslims must show unity during the month of Ramadhān and at the occasions of ‘Eid at least locally if not nationally or internationally. This would be of great value and importance to the whole Muslim nation by fostering the initial steps towards united observance of Ramadhān. Sighting the New Moon as the Methodology for Determining the Month of Ramadhān MORAD SABDULLAH UMPA https://orcid.org/0000-0003-4230-5331 msumpa594@gmail.com Mindanao State University Marawi City, Philippines Originality: 99% • Grammar Check: 99% • Plagiarism: 1% Vol. 33 · July 2018 DOI: https://doi.org/10.7719/jpair.v33i1.611 Print ISSN 2012-3981 Online ISSN 2244-0445 This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. 175 International Peer Reviewed Journal Keywords — New Moon, Local Sighting, Global Sighting, follow Saudi Sighting only, Legal Theories, Muslim Nations. INTRODUCTION Every year, towards the start of Ramadhān, some Muslim communities are plunged into confusion and disarray over the issue on the determination of the start of the blessed month. In some cases, this further leads to argument and division within the community. For instance, the Filipino Muslims, particularly Meranaos, is at present divided into three groups as regards to the theories on sighting the new moon at the beginning and end of Ramadhān. The first group is following the theory that wherever the new moon is sighted, the entire Muslims throughout the world must follow; the second group says that it is not necessary to fast from the appearance of Ramadhān Hilāl, nor to breakfast in Shawwāl, except for the one who saw the Hilāl or agreed on the sighting in the Matāli› of Hilāl, because Matāli› of Hilāl differs. So if there are any differences of Matāli›, each country must follow their own sighting; and the third group goes with the scientific calculations in determining the Islāmic months without any need to resort to actual sighting (Al- Iraqi, “Tarh at-Tahrib” 4:113-114). FRAMEWORK The Islāmic way of life is very dynamic and is based on the unchanging principles given explicitly in the Noble Qur’ān and the Sunnah of the Prophet [r]. These principles have led to different methods and ways of Islāmic life during different times due to different levels of technological development, sociological conditions, and the ability of the deep-sighted scholars of Islām. (Farfur, “The Characteristics of Islamic Thought” p. 7) The questions regarding the appearance of the new moon vexed the minds of the early Ummah. During the time of the Prophet [r], some curious individuals asked Prophet Muhammad concerning the new moon as in the following text of the Qur’ān: “They ask you (O Muhammad) about the new moons. Say: these are signs to mark fixed periods of time for mankind and the pilgrimage.” (Holy Qur’ān 2:189) 176 JPAIR Multidisciplinary Research The scholars of the past disagreed on the unity or disunity of the horizon, i.e., if the moon is seen in one locality, does the sighting become binding to all other localities if the information reaches on time for them to begin fasting? Specifically, the study sought to answer the following questions: 1) What are the various opinions regarding the sighting of the new moon, particularly on the concepts “Shahida” and “Ra’a”? and 2) What constitutes a universally accepted legal theory regarding the sighting of the new moon in one particular region? From the traditionists’ points of view, the months connected with Islāmic acts of worship, known as ‘ibādāt, such as Ramadhān, Shawwāl, and Dzul-Hijjah can only be determined either by practical sighting or by completion of 30 days. The Messenger [r] established the tradition of visual moon watch on the 29th day. If it was not seen, Muslim have to complete the lunar month to 30 days. It was a fact that a moon would always be visible on 30th evening and, thus, if it was seen on 28th or not seen on the 30th evening, the start of the lunar month was wrong. But contemporarily, scholars differ remarkably over the question of using any method to sight the new moon and confirm the beginning and end of any lunar month, particularly Ramadhān. OBJECTIVES OF THE STUDY The objectives were to determine the universally accepted legal opinion on sighting the New Moon in connection with the elimination of differences that frequently surfaces and for ensuring the celebration of ‘Eid on a single day in one lunar unit. Hence, this study serves as a guideline of the Muslim’s particularly the Meranaos including Islāmic law students of the King Faisal Center for Islamic, Arabic and Asian Studies and for the Ulama’ to be united in observing the start of the month of Ramadhān and the ‘Eid at one the same time so that unity and development, which are symbols of strength and prosperity will be achieved. METHODOLOGY Research Design The methodology deals on how and where the writer expects to find data and factual information about the study. It involves research design and data gathering procedure. The study used the descriptive and/or qualitative research design. Hence, an in-depth study and reading of the available literature of the published works of Muslim scholars. 177 International Peer Reviewed Journal Content analysis method was also used to determine which of the various views and theories on sighting the new moon is most in consonance with the primary sources of Islāmic law, such as the Qur’ān and the Sunnah. Research Site This study was initiated and completed within the Mindanao State University – Main Campus located in Marawi City. Mindanao State University (MSU) was established on September 1, 1961 through RA 1387, as amended, was the brain child of the late Senator Domocao A.  Alonto, as one of the government’s responses to the so-called “Mindanao Problem”. The original mission  of the university was anchored on instruction, research, and extension. The 1954 Congressional Committee conceptualized it as a social laboratory for national integration. The said site is very rich with a variety of reading materials for being a University. It has a college unit name King Faisal Center for Islamic, Arabic and Asian Studies which offers courses that are essentially relative to this study where the researcher mainly found its contextual sources. The King Faisal Center for Islamic, Arabic and Asian Studies was created as an academic unit of Mindanao State University to serve as a vehicle for promoting Arabic and Islamic Studies in the Muslim areas Southern Philippines. It was created as an academic unit of Mindanao State University with the primary mission of promoting Arabic and Islamic Studies in the Muslim areas of Southern Philippines and of helping to achieve the goal of national integration and peaceful co-existence between Muslims and Christians in the region. Participants This study was mainly made to address the issue of apparently widening of the gap of the dates where the Holy month of Ramadhan for Muslims begins which is basically due to the rise of different Islamic sects having different and varying interpretations to the Qur’anic verses and Prophetic traditions regarding said topic. Specifically, this issue is a heavy blow to the Muslims in the Philippines as most of the Muslims therein are merely followers or subscribers of certain Islamic scholarly view regarding the said matter. Henceforth, as the researcher is also a Filipino Muslim, he deemed it necessary that this study is focally addressed to Muslims in the Philippines. However, as this study is an issue carrying highly valuable importance equal to all Muslims in the world, it would not be right to say that this is limited to the Philippines only. 178 JPAIR Multidisciplinary Research Instrumentation As this research is a descriptive and/or qualitative type, the main material used was almost all availabe reading materials related to this topic in the University’s main library and that of the King Faisal Center’s library. The researcher, for having finished his tertiary level studies in Saudi Arabia, has many books and other textual materials relative to this issue. In addition, thereto, the researcher made interviews with the PAGASA Quezon City’s representatives and with a Muslim Astronomer known as Abu Ammar. Their statements were used to further enrich the context of this study. Their statements also were mainly corroborative to that of the Islamic principles regarding the science of the heavenly bodies. RESULTS AND DISCUSSION It has been recognized that the Earth revolves around the Sun, and the Moon revolves around the Earth. The Qur’ān states in this regard: “And the moon, we have measured for her mansions (to traverse) till she returns like the old (and withered) lower part of a date-stalk” (Holy Qur’ān 36:39) As the moon revolves around the earth, the light of the sun reflected off the moon reaching the earth is seen as phases of the moon. When the earth, moon, and sun are roughly in a straight line, it is the Conjunction or the Astronomical New Moon which is completely Dark or invisible and is clearly not the Hilāl. When the moon moves further, the reflected sunlight appears as the crescent shape Hilāl. This crescent shape is referred to in the above-quoted verse as like “al-Urjūn al-Qadīm” meaning old dried curved date stalk – the curled form of the palm branch as it shrivels up appearing similar to the crescent moon’s shape. As the moon moves further, it appears to lag behind the apparent motion of the sun, thus causing the Moonset to be compared later to Sunset that is apparently referred in the next verse of Sūrat Yāsīn: “It is not permitted to the Sun to catch up the Moon, nor can the Night outstrip the Day: Each (just) swims along in (its) orbit (according to law)”. (Holy Qur’ān 36:40) 179 International Peer Reviewed Journal The sun, being a source of light can be seen easily, while the moon, having no light of its own, can only be seen when the sun is in such a position that its light falling on the moon can come to the earth. Many times the moon may be above the horizon, but it cannot be seen because the sun is in such a position that its rays coming to the moon do not make a sufficient thickness of crescent to be seen from earth. The earth revolves around the sun in an elliptical orbit while the moon similarly revolves around the earth. Hence, when the new moon occurs, the sun, moon, and earth come in line, and no light of the sun falling on the moon can come to the earth, so it is a dark or invisible moon. And in effect, we have to wait for a few minutes after local sunset so that the bright light of the twilight sky can diminish and the light of the Hilāl can be seen. Completing 30 days in case of cloudy weather is the most agreed-upon position among the majority of classical scholars, but again, it is not the only categorical stance accepted by the Ummah. Leading authorities such as Ibn ‘Umar, Imām Ahmad et al. were reported to have started Ramadhān and its fasting following the 29th of Sha’bān even if it was cloudy as most of the narrations report the Prophet [r] requiring completion by the phrase “Fast with sighting it (the moon) and break the fast with sighting it. Complete thirty days of Sha’bān if it is cloudy.” (Sahih Al-Bukhari) He [r] also said, “Fast with sighting it (the moon) and break the fast with sighting it. Count thirty days if the month is concealed from you (being cloudy).” (Sahih Muslim) In the above-quoted two hadīths, it is important to note that both al-Bukhārī and Muslim are narrating from Abū Hurayrah through Muhammad ibn Ziyād. The first part of the hadīth is the same in both narrations, but the ending parts are different. Therefore, the degree of variation in language shows that transmit- ters of the Hadīth are describing an idea freely in their own words rather than attempting to transmit the Hadīth with faithfulness to the original words. The jumhūr has derived from the above-quoted clear and authentic Prophet- ic narrations that completing 30 days and counting 30 days (are the same). The explanatory phrase “complete thirty days” explains away the general phrase “then count or estimate it.” (An-Nawawi, “Al-Majmu” 6:276). An-Nawāwī himself reported that Imām Ahmad and a few others said that the meaning is not “complete 30 days” but “restrict it or shorten the month by 180 JPAIR Multidisciplinary Research considering the moon under the clouds.” That is why Imām Ahmad contended that fasting should be observed the next day, the day after the 29th of Sha’bān, if the moon is not sighted on the evening of the 29th of Sha’bān due to obscurity. Abū Dāwūd also reported that such was the action and opinion of Ibn ‘Umar. The report establishes the fact that the original narrator, Ibn ‘Umar himself, did not accept the explanatory note as “complete thirty days” but went against it and fasted after the 29th day of Sha’bān in case of obscurity. Actually, there existed no consensus even among the Companions or their successors that the phrase “complete thirty days” is explanatory for the Prophetic phrase “count or estimate for it.” The position of Ibn ‘Umar and Ahmad in fasting on the cloudy day after the 29th without actual sighting the moon categorically refutes the argument of the so-called majority that either actual sighting by the naked human eye or completing 30 days is the only prescribed method for confirming the month of Ramadhān as well as the other Islāmic months. Ibn ‘Umar or Imām Ahmad started the month of Ramadhān on counting 29 days of the month of Sha‘bān. This method of confirming the month in case it is cloudy on the 29th of Sha‘bān is neither by actual sighting nor by completion, but by mere “counting of the days.” (Ibn Rushd, “Bidāyat al-Mujtahid” 1:286) On the other hand, there is a hadīth that the Prophet [r] himself started or ended the month without resorting to the actual sighting or completing 30 days: Ummo Salamah narrated that once the Prophet [r] took an oath upon not seeing his wives for a month. When the 29 days passed, he came to them. He was told that he took an oath not to enter the home for a month. He said, “The month consists of twenty-nine days.” (Sahih Al-Bukhari) The Prophet [r] just counted the days and completed his month or started the new month without seeing the new moon. He did not say that he had seen the moon and none of his wives asked him whether or not he had seen the new moon. The hadīth does not say that it was cloudy that evening. It is also clear that the Prophet did not complete 30 days. (Azeemabadi, “Awn al-Ma’bood” 6:457) Both interpretations of the so-called jumhūr’s opinion and Ibn ‘Umar and Ahmad contention could lead to some of the practical difficulties of ending up sometimes fasting 28 and sometimes 31 days of Ramadhān in reality. The actual method of estimation was left unspecified since that would depend on the available information and analytical tools, which can change from place to place and time to time. However, people tried to make the phrase more specific and establish a simple rule applicable in all situations. One simple way to do that 181 International Peer Reviewed Journal would be to give to the month a particular number of days in case of obscurity — 29 or 30. As earlier mentioned, ‘Ibādāt are connected with the time, which in Islāmic understanding is connected with the moon and not with the sun, as the Islāmic calendar is not solar but lunar. The Sharī’ah does not want us to start fasting when the month of Ramadhān has not even begun, nor to lose a day of Ramadhān by celebrating the ‘Eid on the last day of Ramadhān. That is why the Prophet [r] advised us not to start or finish the month of Ramadhān a day or two ahead of time. He wanted us to start and end Ramadhān with certainty that the new moon is there. The actual sighting of the new moon was the only mechanism then at the Muslims’ disposal to attain that certainty. That is why the Prophet [r] emphasized so much the sighting of the new moon; not because sighting is the objective of fasting or in any way a goal of the ‘ibādāt, but because it was a means to ascertain the presence of the new moon, thus the knowledge of its appearance is the objective of ‘ibādāt. If the actual sighting were the objective or a prerequisite without which fasting could not be started, then it would have been required even on the 30th of Sha‘bān. Nobody goes out to see the new moon on the 30th of Sha‘bān or on the 30th of Ramadhān. No jurists have ever required such a sighting because the sighting was prescribed for the certainty of the beginning or end of the month, and not for the sake of sighting itself. Once that certainty is achieved by completing 30 days, sighting is not even required and the new month is started. In other words, sighting is not a prerequisite for fasting, even on the 29th of Sha‘bān. Had it been a precondition, then no Muslim would be allowed to start the month of Ramadhān except by sighting the new moon on the 29th of Sha‘bān. Ibn ‘Umar, along with ‘Āishah and Asmā’ bint Abī Bakr, used to start fasting the next day if it was cloudy on the 29th of Sha‘bān and the new moon was obscured. They would not fast that day as a supererogatory day of fasting but as a mandatory day of Ramadhān. That was the case with many of the Tābi`īn or the generation after the Prophet [r], and a whole school of fiqh is based upon this opinion. Imām Ahmad, following the actions of these Companions of the Prophet [r], adopted this position and the entire Hanbalī school follows this position. It becomes important when we know that Ibn ‘Umar is the original narrator of many of the ahādīth found in all the authentic sources of ahādīth that require sighting as a means of fasting. 182 JPAIR Multidisciplinary Research It is sufficient to note that in spite of apparent claims of consensus that actual moon sighting is the only way to confirm the month before the 30th of Sha‘bān, there is a tremendous difference among jurists in the details related to the same subject. Therefore, actual sighting cannot be called as the categorically absolute rule of Islām with no difference of opinion. Moreover, there is no consensus among the majority (al-jumhūr) about the exact nature of moon sighting, whether it is established through sighting of one or more witnesses or a multitude of people. There also exists a host of opinions about the criteria and characteristics of these witnesses, whether they be male, fe- male, slave, or free. There is no consensus about the number of witnesses needed for confirmation of the month of Ramadhān and for the month of Shawwāl. For instance, the Hanafī jurists require witness of a large number of indi- viduals in case the horizon is free from obscurities. They accept the witness of one trustworthy Muslim if it is cloudy, and that is only in the case of confirming the month of Ramadhān. (Al-Fiqh al-Islāmī wa Adillatuhu, p. 1651) The Mālikī jurists require a large number of witnesses in case the horizon is free from obscurities such as cloud, dust, or fog, etc., or at least two trustworthy Muslims or more in case it is cloudy. They, unlike Hanafī jurists, do not accept one witness in confirming Ramadhān or Shawwāl. The Shāfi‘ī jurists accept one trustworthy Muslim’s witness in either case of cloudy or clear weather. That is the case for both Ramadhān and Shawwal. The Hanbalī jurists accept one trustwor- thy witness in confirming the month of Ramadhān but require two witnesses in the case of Shawwāl. Regarding the Linguistic Argument, the original linguistic meanings of the word hilāl are not intrinsically bound to the light or appearance. The word hilāl is derived from the ‘Arabic root hallalah which is the extreme pouring down of rain. The first pour of rain is called hilāl. It is said that hilāl is what you receive the first from that rain. Its plural is ahillah. When the rain comes down with drops full of noise, that rain is also called hilāl. The root of the word hilāl consists of the two original meanings: the beginning or starting part of something and the raising of voice”. (Ibn Manzur, “Lisan al-Arab” 4:420) When the sky rains with noise or when a person talks in a loud voice or when a baby cries with a loud voice, all these are referred to with the same root verb. These linguistic usages coincide with the use of the word in many ahādīth. Ibn Manzur shows that the origin of the word hilāl is from “raising of voice.” The same verb is used to define a person who raises his voice. Everything that makes noise can be called muhill. After a lengthy discussion of the various us- 183 International Peer Reviewed Journal ages of the root word, Ibn Manzūr concludes that the origin of the root is from “raising the voice.” He concludes by saying that “Abūl ‘Abbās said that the hilāl is named hilāl because the people raise their voices to inform others about it (the new moon).” (Ibid.) It should be clear by now that the original meanings of the word hilāl are connected with the first signs of something and with the raising of voices, not with glittering or shining of the new moon. The new moon was then called hilāl because it was the first sign of the new month and because when it appeared, people raised their voices to inform others about the arrival of the new month. There was no method available to the people of previous generations except see- ing it with the naked eyes. That is why they defined it as something seen rather than known. Moreover, the above-mentioned two meanings happen only at the time of the first few days of the new month; therefore, the new moon was called hilāl. Had the name hilāl been given to the new moon because of its light, then the full moon had more rights to be called hilāl than the crescent because it shines more and has more light than the crescent. There are as many as four different opinions among the scholars concerning the issue of moon sighting. With regards to the Qur’ān, Allāh [I] says: “The month of Ramadhān in which was revealed the Qur’ān, a guidance for mankind and clear proofs for the guidance and the criterion (between right and wrong). So whoever witnesses the month should fast it...” (Holy Qur’ān 2:185) With regards to the Sunnah, the Prophet [r] said: “If you sight it (the new moon of Ramadhān), then fast and if you sight it (the new moon of Shawwāl), then end the fast (Al-Bukhar, Muslim). The famous Kurayb showed that Madīnah and Damascus observe different sightings, although the two places are only 1,050 kilometers apart and almost of the same longitude with the distance from Marawi to Manila by road which is 1,350 km. Furthermore, there is also no evidence that the Prophet [r] ever tried to adopt the dates in Makkah for use in Madīnah. CONCLUSIONS It is concluded that sighting the new moon must be conducted in each place because there are Multiple Horizons (the time at which the moon rises, varies from place to place). Moreover, the Ittihād al-Matāli› (Single Horizon or Universal Sighting) would be valid if the earth were flat. Because of the spherical 184 JPAIR Multidisciplinary Research shape of the Earth, this is impossible to implement. Ikhtilāf al-Matāli› (Multiple Horizons or Local Sighting) is supported by Astronomy and by Scholars worldwide including Saudī ‘Arabia and is as natural as using local time for daily prayers. And, to follow Saudī announcement for the worldwide date is neither Ikhtilāf al-Matāli› (local sighting) nor Ittihād al-Matāli› (Universal Sighting, that is following first sighting no matter where without restriction to Saudī ‘Arabia). Hence, it is not a valid Sharī‘ah position since it is based on conjecture. Conjecture in some cases is a sin, according to a verse of the Qur’ān: “O you who believe! Avoid much suspicion; indeed some suspicions are sins.” (Holy Qur’ān, 49:12) Actual sighting is not the objective, but a means to establish the objective. The objective is to start the month of Ramadhān with certainty. That is why Muslims used to sight the new moon on the 29th day of Ramadhān and not on the 30th day of Ramadhān because the certainty is already achieved that the new moon is there on the 30th of the month. In other words, Sighting and Calculations are complementary, and both are needed. Calculations to negate false sighting is used, but not to completely replace sighting. Thus, if the calculations say with certainty that Hilāl cannot be visible, then we should reject or negate the false sighting and reduce errors. The Islāmic law does not make the impossible a requirement. Ikhtilāf al-Matāli› is the predominant method from the time of the Prophet Muhammad [r], down to his companions, and a great number of jurists (up to present) believe that sighting of the new moon must be conducted in each place and that there are Multiple Horizons. TRANSLATIONAL RESEARCH This research is already on the process of making its debut as a book. This would be combined with another topic to form as a single manuscript regarding the Sighting as a procedural requisite in determining the beginning of the Holy month of Ramadhan among Muslims. This would be of great value and importance to the whole Muslim nation by fostering the initial steps towards united observance of Ramadhan. IMPLICATIONS Based on the findings and conclusions of the study, the following are recommended: 185 International Peer Reviewed Journal 1. A central committee on sighting the moon should be formed under whose aegis the state moon committees should operate. 2. Muslims should attempt on sighting the moon. If they see it in accordance with the Shari’ah, they should act accordingly. If a sighting is not possible, the assistance of astronomers should be taken into consideration in sighting the new moon. Shari’ah approves of such measure as the Holy Qur’ān, and Hadíth does testify this effect. 3. Do not cause fitnah in the community by loud-mouthing around the incorrectness of this or that opinion. ‘Eid prayer is an emphasized Sunnah, but the unity of Muslim communities is an obligation. Muslims must show unity during the month of Ramadhān and at the occasions of ‘Eid, at least, locally if not nationally or internationally. Allāh [I] Almighty knows best! LITERATURE CITED A Study of Ahadīth About the Determination of Islāmic Dates. Shafa’at, Ahmad. October 2003. Ahkām al-Qur’ān. Al-Jassās, Abū Bakr Ahmad Bin ‘Alī. Istanbul, 1355 A.H. Al-Ashbah wa an-Nazāer. Ibn Nujaym, Zaynal-‘Ābidīn Ibrāhīm. Cairo, 1290 A.H. Al-Fatāwā al-Kubrā. 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