Salaam all
** Just a reminder that the next Harborne Islamic Study Circle (HISC) will be on the first Sunday in September. **
Hoping you all had a great remaining summer.
Many thanks to all those who have attended the Study Circle regularly or sporadically over the years and hoping that we continue to teach aspects of Islam effectively for many coming years, InshaAllah..
My sincere hope is that you have received some benefit from the Study Circles (Halaqa) and please remember me in your du'as.
Jzk
Naveed
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Lives of the Prophets: Musa* starts his Mission.
Allah reminds Musa* about the favours He has done for Musa just prior to sending Musa* on his mission. Allah mentions in Surah Ta-Ha: We were gracious to you another time when We revealed to your mother: "Place him into the chest and throw it into the sea and the sea will wash it up on the shore, where an enemy of Mine and his will pick it up." I showered you with love from Me so that you would be brought up under My supervision. When your sister went and said, "Shall I direct you to someone who will take care of him?" that was how We returned you to your mother so that she might delight her eyes and not be grieved. You killed a man and We rescued you from trouble and tested you with many trials. You stayed some years among the people of Midian. Then you arrived at the pre-ordained time, Moses! I have chosen you for Myself. (TMQ 20:37-41)
Musa* has 2 objectives from Allah:
- Talk to Pharaoh and convince him about Islam
- Ask Pharaoh to free Bani Israel as he has been oppressive
How to do Dawah: Advice from Allah
Musa* then travels home to Egypt and meets his family / tribe. No doubt he explains his mission and gives hope to his people and congratulates his brother Harun on becoming a Prophet! It is likely that the people start to talk about Musa and hope returns to Bani Israel – and Pharaohs’ spies will probably hear of the rumour too!
Prior to their visit to Pharaoh, Allah warned Musa* and the Prophet Harun (Aaron) and reminded them to always remember Him, and to never slacken in remembering Him: "Go, you and your brother, with My Signs and do not slacken in remembering Me." (TMQ 20: 42)
Allah commanded Musa* and Harun* to go to Pharaoh, the ruler of Egypt. Allah explained to them that Pharaoh was arrogant and contentious, but nevertheless, He commanded them to adopt a gentle manner in communicating His message to him: "Go to Pharaoh; he has overstepped the bounds. But speak to him with gentle words so that hopefully he will pay heed or show some fear." (TMQ 20: 43-44 )
Hence it is important to talk gently and softly when communicating the religion, even when the one he is conversing with is arrogant. However, this style of talking gently does not mean avoiding difficult issues like punishment, hellfire (or modern issues like dress, mortgages). This was part of the test for Musa* and his brother – although Allah knows the outcome of the Dawah!
Musa* is worried that Pharaoh will persecute him – especially as he is a wanted man in Egypt and had to flee in a hurry: They said, "Our Lord, we are afraid that he might persecute us or overstep the bounds." (TMQ 20: 45)
He (Moses) said, "My Lord, I killed one of them and I am afraid they will kill me." (TMQ 28: 33)
Go to him and say, "We are your Lord's Messengers so send the tribe of Israel away with us and do not punish them. We have brought you a Sign from your Lord. Peace be upon those who follow the guidance." (TMQ 20: 47)
He (Allah) said, "Have no fear. I will be with you, All-Hearing and All-Seeing." (TMQ 20: 46)
Going before the indisputable ruler of the land, to whom the whole nation submitted like a deity (Allah is beyond that), was certainly seemingly a very hazardous task according to the conditions of the time. Even more dangerous was telling Pharaoh explicitly that he was on the wrong path, and then to ask him to give freedom to an enslaved nation, that is, to the Children of Israel. Nevertheless, aware that they were under the total protection of Allah, Musa* and Harun went to Pharaoh.
Meeting with Pharaoh
It’s not easy for anybody to go see the Pharaoh because of all the security – but Musa is familiar with the ways of the Palace and probably knows people. Also, it is possible that Pharaoh was expecting him as rumours will be circulating in his Kingdom…
Then after them We sent Moses and Harun with Our Signs to Pharaoh and his ruling circle, but they were arrogant and were a people of evildoers. (TMQ 10: 75)
There was dialogue between Pharaoh and Musa* (see below) but Musa* was accused of being mad, a magician and a liar; in addition he was mocked by the Pharaoh – all responses that our Prophet* also faced.
Pharaoh said, "Who then is your Lord, Moses?"
He said, "Our Lord is He Who gives each thing its created form and then guides it."
He (Pharaoh) said, "What about the previous generations?"
He said, "Knowledge of them is with my Lord in a Book. My Lord does not misplace nor does He forget."
It is He Who made the earth a cradle for you and threaded pathways for you through it and sent down water from the sky by which We have brought forth various different types of plants. Eat and pasture your cattle. Certainly there are Signs in that for men of understanding. From it We created you, to it We will return you, and from it We will bring you forth a second time. (TMQ 20: 49-55)
Rather than evaluating this message with a sound mind and clear conscience, Pharaoh and his inner circle assessed it based on their accustomed way of thinking, founded on the deviant religion of their ancestors. According to their superstitious beliefs, Pharaoh was a deity (Allah is beyond that), far from admitting the idea of the existence of Allah:But when Moses brought them Our Clear Signs they said, "This is nothing but trumped-up magic. We never heard anything like this among our earlier forefathers." (TMQ 28: 36)
More about these conversations in the coming Study Circles, InshaAllah.
Main Topic: Islamic Opinion on Moonsighting
Although moon-sighting is a controversial topic, it is one we need to periodically revisit.
This is not having a go at anybody or group but to clarify the position as many people will be sinning if missing out on a day of fasting or fasting during Eid. There is individual responsibility and just blaming the local imam or mosque is not a sufficient excuse as everyone bears their own responsibility for doing the right thing.
Many of the excuses try to look for loopholes in Islam when justifying what they WANT to do rather than following the strongest legal opinion. Most other excuses no do even classify as legal opinions (ijtehad) and so are not allowed to be followed. We talked about this when we studied Usul al-Fiqh!
Some people will not like what is written but we need to discuss these Fiqh topics on the basis of Qur'an and Sunnah (evidence - 'daleel') and not emotion.
Jzk
Naveed
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All Muslims are obliged to start Ramadhan or celebrate Eid on the same day…No matter where the moon is sighted
If a Muslim country announces that the sighting of a new moon has been confirmed according to the lawful way - for the beginning of Ramadhan or for the day of Eid – then you have to fast or celebrate It is forbidden to wait for a ruler or scholar in your part of the world to give you permission to fast or celebrate.
WHY?
Because this is what Allah* and the Prophet* ordered. To prove this is the case we have to look at…
* The Quran
* The Sunnah
What we can’t look at to prove things are Islamic are …
* Our emotions
* What people think
* What most people are doing
* What is normal is our community
* What the tradition is.
Remember what Ibn Masud said: "The jama'a is truth [haq] even if it is one person".
The Qur’an says…"Whoever witnesses the crescent of the month, he must fast the month." [2:185], and "They ask you about the crescents. Say: They are but signs to mark fixed periods of time in the affairs of men and for pilgrimage." [2:189]
The Prophet* said:
The Prophet* mentioned Ramadhan and with a gesture of his hands said: "The month is thus and thus. (He then withdrew His thumb at the third time indicating 29)." He then said: "Fast when you see it, and break your fast when you see it. And if the weather is cloudy do calculate it (the months of Shaban and Shawwal) as thirty days." [Muslim]
He also said; "Do not fast till you see the new moon, and do not break fast till you see it; but if the weather is cloudy complete it (thirty days)." [Bukhari]
"The month consists of 29 nights, so do not fast till you have sighted it (the new moon), and if the weather were cloudy, then complete it as thirty days." [Bukhari]
"The month of Ramadhan may consist of twenty-nine days. So do not fast until you have sighted it (the new moon) and do not break fast, until you have sighted it (the new moon of Shawwal), and if the sky is cloudy for you, then complete it (thirty days)." [Muslim]
"The month of Ramadhan may consist of twenty-nine days; so when you see the new moon observe fast and when you see (the new moon again of Shawwal) then break it. And if the sky is cloudy for you, then calculate it (and complete thirty days)." [Muslim]
These narrations are very clear. The Qur’an and the Prophet* order us to fast when the sighting of the new moon of Ramadhan is confirmed, and order us to break the fast and celebrate Eid when the sighting of the new moon of Shawwal is confirmed.
We have to follow these orders of the Quran and the Prophet*. We would be sinful if we didn’t. Just like we would be sinful if we didn’t listen to the Quran and Prophet* for another order like praying salah.
The command to fast is general so it applies to everyone – no matter where they live
When the Qur’an and Prophet* order us to fast or celebrate Eid – they are ordering every Muslim – everywhere in the world. In the hadith, the Prophet* commands us to fast using the word ‘sumu’- ‘do fast’. This word is in the plural form which means the command is general and comprehensive. This means that it applies to all Muslims, no matter where they live.
"Do fast [sumuw] when it is sighted and break fast when it is sighted." In the hadith, the Prophet* commands us to fast using the word ‘ruyateh’ – ‘sighting’. This word is general. This means that Muslims have to fast after any legitimate sighting of the moon regardless of where the moon was sighted. "Do fast when it is sighted [ru’yateh] and break fast when it is sighted."
Even the Prophet* used to begin fasting when he had not personally seen the moon, but a Muslim had told him that he had seen it. Ibn Umar (r) reported, "During the time of the Prophet*, the companions went looking for the new crescent. So I told the Prophet* that I saw it. So he fasted and told the companions to fast." [Abu Dawud and Hakim]
So if the moon was sighted in Morocco do Muslims in Indonesia fast? YES
During the life of the Prophet* the Muslims used to start the fast on the same day and break it on the same day, despite the fact that they lived in different areas. This is another Islamic evidence that the sighting of the new moon in one area obliges all the Muslims to fast together on the same day and celebrate Eid on the same day.
Here’s what some scholars said about every Muslim fasting
Ibn Taymiyyah: “…a person who learns about the sighting of the moon in good time to be able to utilise it for fasting, for ending his fast, or for sacrifice, he must definitely do so. The texts [of Islam] and the reports about the Salaf point to this. To limit this to a certain distance or country would contradict both the reason and the Islamic law.”
The famous Hanafi scholar Imam Sarkhasi (died 483 A.H.) quotes the narration from Abu Dawud (2333, 2334) that; The Muslims did not begin fasting since they did not see the moon. Then a man, from out of Madinah, came and told the Prophet* that he had seen it (the moon). The Prophet* asked him if he was a Muslim to which the man answered ‘yes’. The Prophet* then said: "Allahu-Akbar! one is enough for all Muslims" The Prophet* fasted and asked the people to stop eating and start fasting
What If The News Reaches Us Too Late To Fast On The Same Morning?
This has also been answered in the ahadith. It is also reported in an authentic hadith: Abu ‘Umayr ibn Anas reported from his paternal uncles among the Ansaar who said: "It was cloudy and we could not see the new moon of Shawwaal, so we started the day fasting, then a caravan came at the end of the day and told the Messenger* that they had seen the new moon of Shawwaal the day before, so he told the people to stop fasting, and they went out to pray the Eid prayer the next day."
Deobandi Scholars
The co-founder of Dar al-Uloom Deoband, Maulana Rasheed Ahmad Gangohi said: "If the people of Calcutta sighted the moon in Friday, whereas it was sighted in Makkah on Thursday, but the people of Calcutta did not know of it (the sighting on Thursday); then whenever they come to know of this, it will be obligatory for them to celebrate eid with the people of Makkah and make up (Qada') for the first fasting
Bareylvi Opinion
The founder of the Barylevi movement, Maulana Ahmad Raza Khan, said: "In the correct and authentic mazhab of our Imams, with regard to the sighting of moon for Ramdhan and Eid, distance of the place of sighting is of no consideration. The sighting of the east is binding upon west and vice versa i.e. the sighting of west is similarly binding on east."
Is the idea for all Muslims to fast on one day something new?
No. Imam Kasanee said in his book Bada as-Sana'i said that following other than one sighting for the whole Ummah is an innovation [bid’a]. This indicates how weak he felt that the other Ijtihad is.
Imam Juzairi in his book The Fiqh of the Four Schools of Thought [Vol 1] gives two views of the Hanafis about this:
1) The sighting of the moon by any Muslim should be accepted whether slave, free, man or woman without inquiring whether they are just or not,
2) The justness [of the witness] should be verified by a judge [Qadi].
This all sounds simple – so what reasons do people use for not fasting on one day?
- Reason 1 – times of fasting are like times of prayer – they’re different in each area
The answer: It’s right to say that prayer times differ in each area, because they are based on the times the sun sets and rises – this happens at different times in each region.
So the times we Start fasting and Break fasting is different for each region. Because Allah* says: "And eat and drink until the white thread of dawn appears to you distinct from its black thread; then complete your fast until the night appears" [2:187] But the day we Start Ramadhan and Celebrate Eid must be the same all over the world. Because this is what the narrations have clearly indicated; and this is what is confirmed by the understanding deduced from the Shari'ah rule.
- Reason 2 – The companions of the Prophet* did not fast at the same time
Kurayb said: "I arrived in Al-Sham and did business for her. It was there in Al-Sham that the month of Ramadhan began. I saw the new moon of Ramadhan on Friday. “I then came back to Madina at the end of the month. Abdullah Ibnu Abbas asked me about the new moon of Ramadhan and said: "When did you see it?" I said: "We saw it on the night of Friday," He said: "Did you see it yourself?" I said: "Yes, and the people also saw it and observed the fast and Mu'awiya also observed the fast; He said: "But we saw it on Saturday night. Some would continue to observe fast till we complete thirty (fasts) or we see it (the new moon of Shawwal)." I said: "Is the sighting of the moon by Mu'awiya not valid for you?" He said: "No, this is how the Messenger of Allah* has commanded us."
THIS IS THE CLAIM…That Ibnu Abbas ignored the sighting of the people of Al-Sham and so at the end of the narration said: ‘…this is how the Messenger* has commanded us.’ Some people say that Ibnu Abbas learnt from the Messenger* that the people of one region are not obliged to fast on the sighting of another region. It’s also said that this hadith explains and specifies the hadith : “ Fast when you see it and break fast when you see it.”
Some therefore claim that the people of each region are commanded to act on the sighting of the new moon in their region only and not in other regions. Therefore the beginning of fast and the beginning of Eid vary from one region to another, according to the times of rising of the moon.
THE ANSWER —
1. This report is not a hadith of the Messenger* but the legal opinion [ijtihad] of a companion.
2. The fact that Ibnu Abbas did not act upon the sighting of the people of Al-Sham reflects his legal opinion [ijtihad] and it cannot be used as a Shari'ah evidence.
3. The reason for this is that when we have a hadith saying one thing and a legal opinin [ijtihad] saying something else – the hadith must be acted on and the legal opinion [ijtihad] has to be left.
4. The ijtihad of the sahabi cannot specify the general term of the hadith.
5. So when Ibnu Abbas said: "This is how the Messenger of Allah* commanded us", this is not a hadith. It is just the way Ibnu Abbas understood the hadith of the Prophet* in which the Messenger* said: "Fast when you see it and break fast when you see it."
This indicates that Ibnu Abbas understood the hadith as such; though he did not say the words: “This is how the Messenger* reported it,” nor did he say: “This is how we learnt it from the Messenger*.” But he said: “This is how the Messenger* commanded us.”
What did Imam Al-Shawkani say about this hadith? He said:…And what is referred in his saying: ‘This is how the Messenger* commanded us’, is his saying (i.e. Ibnu Abbas). “…And the command of the Messenger* lies in the hadith extracted by Bukhari and Muslim, among others, with the following wording: "Do not fast till you see the new moon and do not break fast till you see the new moon, and if the sky were cloudy, then complete it as thirty days." And this does not specifically apply for the people of one region to the exclusion of others, but to all the Muslims.”
Why can’t we use calculations?
Calculating the times when the new moon for Ramadhan and Eid - can’t replace an actual sighting of the new moon with the human eye. The reason for this is that the narrations which mention when to start fasting and end fasting mention seeing the moon with the eyes themselves.
What role can calculation play? Calculations can help us know around what time the new moon will be born and therefore the right time to start looking out for the new moon.
What role can’t calculation play? Governments who use these calculations instead of the sighting, their actions contradict the Qur’an and hadith. Therefore their actions are haram/unlawful and the Muslims are forbidden from relying on their announcements.
Why? All the narrations about the sighting of the moon use the word "ru'yatehe" which comes from the word "ra'a" to refer to the sighting.
The moon is a single, physical, object. This is why the narrations which use the word ‘ru’yatehe’ refer to the moon, mean to see the moon with the eyes.
There’s no analogy in ritual worships
1. There can be no analogy [qiyas] in ritual worships (Ibadaat).
2. This analogy contradicts the definite meaning in narrations which clearly show that the cause [sabab] for fasting is the sighting of the moon.
* Therefore, it is quite clear that the arguments presented to "justify" the beginning of Ramadan / Eid through the use of calculations are invalid and haram.
* The only way to determine the arrival of Ramadan / Eidis through sighting the moon.
What did some of the classical scholars say about calculating the sighting of the moon?
Imam Malik bin Anas (ra) said: "If you see an Imam who does not begin and end fasting by way of sighting, but begins fasting by calculation, he should not be followed in prayer or emulated."
What about sticking with the majority?
Some people claim that Muslims must follow what the majority are practicing. They attempt to misquote Islamic texts about "holding on to the Jama'a (group)". They misinterpret these to mean the ‘Jumhoor' (majority).
Islam has obliged sticking to the jama'ah [group] of Muslims under an Imam (Khalifah). Islam did not oblige sticking to the majority.
Al-Bukhari narrated: "The people used to ask the Prophet* about the good and I used to ask him about the bad in fear that it might catch me. So I said: O Prophet of Allah! We were in times of ignorance and mischief then Allah brought us this good, so is there any mischief after this good? He* said: Yes. I said: Will there be any good after that mischief? He said: Yes, and it has smoke. I said: What is its smoke? He said: (Some) people guide without any guidance, you recognise some (from them) and deny some. I said: Will there be a mischief after that good? He said: Yes, (some) people who invite at the doors of hell, whoever accepted their invitation they throw him in it (hell). I said: O Prophet of Allah, describe them to us. He said: They are of our own skin (of our people) and talk our language. I said: What do you order me to do if that (matter) caught me? He said: Adhere to the jama'ah of Muslims and their Imam. I said: What if the Muslims have no jama'ah nor an Imam? He said: Then you abandon all those groups, even if you have to grab with your teeth the trunk of a tree till death comes to you as such."
What is this hadith asking us to do?
The concept of following the majority rather than following Islam is not based on evidence from the Qur'an and Sunnah and contradicts many evidences about enjoining the good and forbidding the evil even in the face of hardship. The Prophet* said: "The master of martyrs is Hamza, and a man who stands up to a tyrant ruler and gives him advice [nasiha]- and so the ruler kills him."
The disease of nationalism
The disease of nationalism has affected us. Why is it people follow only the sighting in their nation? Who has created the borders between these nations? Why is it that in Delhi, people will follow the sighting in any other part of India but not of Pakistan when it is geographically closer than many parts within India itself like Kerala or Tamil Nadu. In Pakistan people will not follow the sighting of Bangladesh but before 1971 when it was East Pakistan they would, why? The Messenger* said: "He is not one of us who calls for nationalism or who fights for nationalism or who dies for nationalism."
That’s why starting Ramadhan and celebrating Eid on one day is an obligation
Conclusion
* If a Muslim country announces that the sighting of a new moon has been confirmed according to the lawful way- for the beginning of Ramadhan or for the day of Eid – then you have to fast or celebrate Eid.
* It is forbidden to wait for a ruler or scholar in your part of the world to give you permission to fast.
Mu'az narrated: I said: O Messenger of Allah. What do you think if we had leaders who do not follow your Sunnah and do not adopt your order; in what do you order regarding their affair? The Messenger of Allah* said: “There is no obedience to the one who does not obey Allah 'azza wa jall.”
Imam Muslim on the authority of Abu Hurayrah: that "The Messenger of Allah* forbade fasting on two days, the day of al-Adha and the day of al-Fitr".
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InshaAllah, see you all for the next official Harborne Islamic Study Circle early September.
Enjoy your August.
Jzk
Naveed
