عن عبد الله بن عمر رضى الله عنهما أن رسول الله صلى الله عليه وسلم ذكر رمضان فقال » لا تصوموا حتى تروا الهلال ، ولا تفطروا حتى تروه ، فإن غم عليكم فاقدروا له « . )رواه البخارى(
It has been narrated on the authority of Abdullah ibn Umar (Radhiyallahu Anhuma) that Nabi (Sallallahu Alaihi Wasallam) said, “Do not fast until you have seen the crescent (of Ramadhan) and do not stop observing fasts until you have seen the crescent (of Shawwal); and if the skies are overcast, then complete the month”.
(Sahih al-Bukhari Vol.2 Pg.281 – Darul Fikr)
However, it is difficult for each an every Muslim to sight the crescent in order to fast or cease his fasting. This could also lead to a clash amongst the people of one country or community, as the person who has sighted the crescent will fast and the other will not. Therefore, certain rules and procedures have been laid down by the scholars of the Hanafi mazhab, in the light of Quran and Hadith, in order to solve this problem.
Ruling for the people of one Community or Country:
If the skies are clear and there is nothing preventing the sighting of the crescent, then a large number of people will have to witness the crescent, whether it is for the commencing of Ramadhan or for Eidul Fitr.
If the skies are overcast, then the information (khabr) of one Muslim that he has sighted the crescent will suffice for the crescent of Ramadhan. The crescent of eid has to be proven through Shari’ shahadat; i.e. two males, or one male and two females have to bear testimony that they have sighted the crescent using the words أشهد, or the equivalent in the local language, as is done in the courts of Shari’a. This procedure is known as Shahadat ‘alar Ru’yah) شهادة على الرؤية(.
When the sighting of the crescent is thus validated and an official declaration is made by the muqtada (i.e. the leading scholars) of the community or country, then it will suffice for the people of the country; and it will be incumbent upon them to accept the decision as long as ani’lan) إعلان (is made by the leading scholars.
Ruling for the people of other Communities or Countries:
If the crescent cannot be sighted in a community or country due to overcast skies, then it isnot compulsoryupon the people of that community or country to acquire information from the other communities or countries. However, if the crescent has been determined in the manner mentioned above in a community or country, and the information reaches another community or country through a Shari’ medium (as explained below), then it will beincumbentupon themuqtadaof that community or country to accept it and determine the commencing or ending ofRamadhanthrough it, as long as itdoes not result in the month having 28 or 31 days. Once an official declaration is made by themuqtadain this manner, it will becompulsoryupon the people of that country to accept their decision.
TheZahiru-ur-RiwayahandMufta Bihi Qawlof the Hanafimazhabis that theikhtilaf-e-matali’(different horizons) will not be taken into consideration. This means that the crescent sighted in one country of the world is acceptable in any other, however far away they are from each other. However, the sighting of the crescent in another community or country will be accepted only if the information is passed on in one of the following four methods:
i.Shahadat ‘alar Ru’yah)شهادة على الرؤية(– twomales, or one male and two females bear testimony that they have sighted the moon in their community or country, using the wordsأشهد,or the equivalent in their local language.
ii.Shahadat ‘alas Shahadat (شهادة على الشهادة) – two sane, mature Muslims bear witness that two sane, mature Muslims bore witness in front of them that they have sighted the crescent.
iii.Shahadat ‘alal Qazaالقضاء(على الشهادة( – two sane, mature Muslims from another community or country bear witness that an official declaration was made by themuqtadathat the crescent has been sighted.
iv.Tawatur wa Istifadhah (تواتر و استفاضة) – many people from another community or country inform that the crescent has been sighted in their community or country; and themuqtadaof the community or country are convinced that the crescent has been sighted in that community or country based ontawaturandistifadhah
If the information of the sighting of the crescent is not passed on in one of the four methods, the crescent will not be regarded as valid. Mere knowledge or i’lan) إعلان(of the sighting of the crescent in another community or country will not suffice to determine the starting or ending of the month of Ramadhan.
) قوله : ولا عبرة باختلاف المطالع ( فإذا رآه أهل بلدة ، ولم يره أهل بلدة أخرىوجبعليهم أن يصوموا برؤية أولئك إذا ثبت عندهم بطريق موجب ،ويلزمأهل المشرق برؤية أهل المغرب
(Al Bahr Al Raiq Vol.2 Pg.270 – Maktabah Rasheediyah)
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