Fatwa ID: 22858
Title: Please we urgently need your answer.
Category: Varieties
Scholar: Shaykh Waleed Basyouni PhD
Date: 07/11/2005

Question

In the name of Allah, the Most Gracious, and the Most Merciful. Assalamu Alikum Warahmatul Allahi Wabarakatuhu, We are Muslims living in the United States of America. Every year, when the month of Ramadan approaches, disputes erupt what method should be using to determine the beginning of the month of Ramadan, Shawwal, and Thil Hijja. Should we follow any specific country or any country or we should look for the Hilal locally. In some cases, Muslims in one city or even in one family celebrated these religious events in different days, creating an atmosphere of division and confusion. So to solve this problem, we got together and discussed this issue thoroughly, we consulted several scholars and then came up with the following agreement:

“ In the name of Allah, the Most Gracious, and the Most Merciful. In accordance with the Quran, the book of Allah, the Sunnah, the authentic teachings of the Prophet (peace be upon him), the agreement of the companions of the Prophet, their righteous followers and the righteous generations who followed them among Ahlus Sunnah wal Jamah, and according to the advice of our knowledgeable scholars: We hereby declare that starting with this month of Ramadan 1421 Hijri (2000 CE) that:

1 – The beginning of the month of Ramadan and the month of Shawwal shall be determined ONLY by actual moon sighting and not by calculations and Astronomy

2 – For the purpose of uniting the Muslims in the state of Oregon, all named Islamic Institutions agree to follow the method of local sighting in North America, and to start the month of Ramadan and the month of Shawwal together on the same day

3 – Since the day of Arafa and Hajj are acts of worship associated with specific places we will follow the dates of Arafa and Eid Al Adha as observed in those places.

We believe that this agreement is an initial step toward uniting the Muslim Ummah in all aspects of life. We would like to invite all other Islamic institutions in the state of Oregon as well as in other states in North America to join us in our efforts to establish an Islamic system that will serve the Muslim Ummah in the best way.”

Now some people say that this agreement violated the Islamic Shariah and is against the Quran and The Sunnah, and hence it is void. They say that there are only two methods to determine the beginning of these religious events, namely the unity of Matla, and the different Matla, and Muslims should follow those two only in all of these events (i.e Ramadan, Shawwal, and Thil Hijja). And since this agreement is a mixture of those two methods, meaning taking different methods for different event, this makes it in violation of the Islamic Shariah and should be void. The other side says that this agreement did not violate the Shariah and it is within these two methods of determining the time of these religious events lawfully. For Ramadan and Shawwal it used both methods. It considers the continent of North America as one Matla so it is the method of the unity of Matla, and used the method of the different Matla as of the rest of the world. But for the month of Thil Hijja, it used the method of the unity of the Matla, where it follows the moon sighting in Saudi Arabia. It was done for the reason that Hajj is a worship that is associated with place (Arafa and other places of Hajj are in Saudi Arabia), and to join globally with other Muslims to celebrate these blessed days. Following this agreement, we celebrated these religious events all together for several years, but lately some Muslims claim that this agreement is in violation of the Shariah that dictates that the lawful way is that we should only one way of the two lawful ways to determine the Hilal for all occasions. And using one way of determining the Hilal for Ramadan and Shawwal, and used another way to determine the Hilal of Thil Hejja violates the Shariah in spite of the fact that the two ways are lawful, and we used this way for the benefit of Muslims and to unit them. So our question is, “Is what we agreed upon is against the Shariah or not?” We would like to request to please send your answer to us as soon as possible. Jazakum Allah Khairn. Wassalamu Alikum Warahmatul Allahi Wabarakatuhu, Muslims in the State of Oregon.


Answer

Alhamduillaah wassalaatu wassalaamu `alaa Rasoolillaah.

The one who decides the methodology of  determining the begininng of the month is Wali Al-Amr (the Muslim ruler or the judge). Since we don`t have that position in America, the scholars should be the ones who make that decision. If the local masaajid in your State agree upon what you mentioned, following them will be the Sunnah. The Prophet (SAS) said that fasting will be obligatory when you all (decide to) fast. This can apply to the whole ummah, or if impossible as in these days, then at least to the city that the Muslim lives in. That`s why I will advise you to go with what your local masjid or Islaamic Center decides upon. If they dispute, then follow the one you pray at regularly or the one you feel are the most knowledgeable.  As for the opinion of regarding following the hujjaaj in the day of `Arafah rather than using local siting, it is a well-known opinion among the scholars, even many of those who hold the view of unity of the matla`. The reason, as mentioned above, is that it is related to a specific place. As for America being considerred one or more than one matla`, based on the opinion of ikhtilaaf Al-Mataali`, it can not be one. My final advice for your local masaajid and centers to follow the scholars comittee that they feel is the most knowledgeable. As for the indivuals, they should follow their local leaders. Alhamdulillaah, you are not responsible even if their ijtihaad is incorrect.