Q 1: Sometimes we hear on the radio that
the Kingdom of Saudi Arabia
has started Sawm (fasting), whereas we have not seen the crescent in
the Ivory Coast
,
Guinea
,
Mali
or
Senegal,
although we carefully follow this issue. Therefore, we disagree and a few people begin Sawm depending on what they hear on the radio, and others wait until they see the crescent in our countries, according to Allah's statement,
So whoever of you sights (the crescent on the first night of) the month (of Ramadan i.e. is present at his home), he must observe Saum (fasts) that month
and the Prophet's statement,
Start Sawm on seeing it (the crescent of Ramadan), and break Sawm on seeing it (the crescent of Shawwal)
and "Each country has its own crescent." Controversy has arisen between the two parties, so please advise accordingly.
A:
The variance in the appearance of the crescents in different countries is one of the matters which are known instinctively. No disagreement has ever taken place among the Muslims on this fact. The disagreement among Muslim scholars is whether we should depend on (Part No. 10; Page No. 97)
the difference regarding the appearance of crescents in the beginning and the end of Sawm in Ramadan or not. This is one of the theoretical issues which are subject to Ijtihad (juristic effort to infer expert legal rulings). Thus, the scholars of Islam have always differed about it and some of them are of the view that the difference in the initial appearance of crescents should be considered, while others view that it should not be considered. Each of them has given evidences from the Qur'an and the Sunnah (whatever is reported from the Prophet) and Qiyas (analogy). Sometimes the two parties cited the same texts, such as Allah's statement,
So whoever of you sights (the crescent on the first night of) the month (of Ramadan i.e. is present at his home), he must observe Saum (fasts) that month
, Allah's statement,
They ask you (O Muhammad صلى الله عليه وسلم) about the new moons. Say: These are signs to mark fixed periods of time for mankind
and the Prophet's statement,
Observe Sawm on seeing it (the crescent of Ramadan), and break Sawm on seeing it (the crescent of Shawwal).
In addition to other texts. This is because each party understood the texts in a different way, and each of them followed a different method in Istidlal (reasoning by methods other than the recognized sources). However, this disagreement had no negative effect, as each of them respected the other's Ijtihad. The earlier jurists disagreed about this issue, and each of them had their own evidences. If it is proved to you, whether through the radio or any other means, that the crescent was seen in another place, you should refer this matter (Part No. 10; Page No. 98) to the ruler of your country. It is he who can declare whether you should fast on that day or not; his ruling is the decisive resolution in such a case. Thus, the problem is solved when the ruler of your country decides whether you should fast on that day or not.As for the phrase "Each country has its own crescent", it is not a Hadith attributed to the Prophet (peace be upon him); it is one of the sayings of the group who think that the difference in the appearance of crescents should be considered in the Sawm and breaking the Sawm of Ramadan.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.