Laws Pertaining To The Sighting of the Moon

This work details the Islamic jurisprudence governing the sighting of the crescent moon (hilaal) to determine the beginning and end of months, specifically for Sha’baan, Ramadaan, Shawwal, Ziqaddah, and Zil Hijjah. It establishes that the sighting of the moon is a waajib-e-kifaayah (communal obligation) and that the start of these months is strictly dependent upon physical observation or valid legal testimony. The text clarifies that astronomical calculations hold no validity in Shariah for confirming the month, and it rejects modern communication methods like telegrams, telephones, or media reports as insufficient for establishing testimony. It further outlines the specific conditions for witnesses, the requirements for judicial testimony (shahaadat), and the protocols for when the sky is cloudy or clear.

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Key topics & takeaways

Obligation and Timing

• Duty to sight the moon — It is a waajib-e-kifaayah to make an effort to sight the moon for the months of Sha’baan, Ramadaan, Shawwal, Ziqaddah, and Zil Hijjah ▸page 7.
• Completion of the month — If the moon is not sighted due to clouds or haze, the current month is completed as 30 days before commencing the next ▸page 7.
• Daytime sighting — If the moon is sighted during the day, whether before or after zawaal, it is considered the moon of the following night, and the new month begins from that night ▸page 14.
• No requirement for unified Eid — The Shariah does not mandate a unified day for Eid across all regions; it is based on proper testimony of sighting in each respective area ▸page 17.

Testimony and Witnesses

• Required terminology — In formal testimony, one must explicitly state "I testify" or "I bear testimony," though this is not required for the Ramadaan moon if the sky is cloudy ▸page 8.
• Witness qualifications for Ramadaan — Testimony for the Ramadaan moon is accepted from a single Muslim who is aaqil (sane), baaligh (adult), and either mastur (outwardly righteous) or aadil (pious/just) ▸page 9.
• Witness qualifications for other months — For months other than Ramadaan, testimony requires two males or one male and two females, all of whom must be aadil and free men ▸page 13.
• Exclusion of the faasiq — The testimony of an open transgressor (faasiq) is not acceptable for confirming the moon ▸page 9.
• Obligation to testify — If an aadil person sights the moon, it is waajib upon them to present their testimony to the authorities, even if they are a woman in pardah or a slave (▸page 9, ▸page 10).
• Secondary testimony — Shahaadat alash Shahaadat (testimony based on the testimony of a primary witness) is valid provided all legal conditions are met ▸page 11.
• Questioning witnesses — It is not necessary to interrogate a witness regarding the moon's appearance or height unless the testimony is doubtful, which is particularly relevant for Eid sightings ▸page 10.

Judicial and Communal Procedures

• Role of the Qadi — The Muslim authority (Haakim or Qadi) determines the number of witnesses required based on their own satisfaction, except in cases of clear skies where a large group is generally expected ▸page 11.
• Sighting in rural areas — If the moon is sighted in a village without a Qadi, the witnesses should present their testimony before the village folk, and if the witnesses are aadil, the community must act upon it (▸page 10, ▸page 14).
• Validity of distant sightings — Sighting the moon in one location is valid for the entire world, provided the confirmation reaches other locations through proper Shariah-compliant testimony or the command of a Qadi ▸page 15.
• Invalid methods of confirmation — Telegrams, telephone calls, video messages, calendars, and newspaper reports are not valid means of confirming the moon, as they do not constitute formal shahaadat (▸page 15, ▸page 16, ▸page 17).

Personal Conduct

• Fasting after rejected testimony — If an individual sights the moon but their testimony is rejected by the Qadi (e.g., due to being a faasiq), they must still fast, and breaking that fast is impermissible ▸page 7.
• Kaffarah for breaking fast — If a person breaks their fast after sighting the moon, they incur kaffarah only if the Qadi had already accepted their testimony; otherwise, they only owe qaza ▸page 8.
• Prohibition on pointing — It is makruh to point at the moon with one's finger, even to show it to another person ▸page 17.