SIGHTING OF THE MOON

As Salaamu Alaikum Wa Rahmatullahi Wa Barakaatuhu 

QUESTION 

What is the verdict of the Learned Ulama and the Muftis in the following case: 

Every year in Durban, the Sunni Ulama take a telephone message from Cape Town which is about 1700 kilometres away from Durban, to commence Ramadaan or Eid. This year the very same procedure was followed. Our Jamaat, however, does not follow this system and thus relies on proper Shahaadat. When we heard that the moon was sighted, we began to investigate where it was sighted, so that we may attain proper Shahaadat if possible.

On investigation we found out that the moon was not seen in Cape Town, but was seen in Johannesburg. After speaking to some Sunni Ulama there, we were informed that the Shahaadat procedure did not take place in front of any of them but that they had only heard that the moon was seen and thus announced Eid.

As for the Sunni Ulama in Durban, they took the telephonic message of the sighting in Johannesburg from Cape Town and also announced Eid on this message. After making contact with the Cape Town Hilaal Committee, we were sent a fax to say that the moon was not seen in Cape Town, but was seen in Johannesburg. The names of the witnesses were present on the fax and all three witnesses were Wahabi Molvis (according to the information on the fax) from Mias Farm, a famous Wahabi institute. We also confirmed that those who gave testimony in Johannesburg were Wahabi and the person to whom they gave Shahaadat and who announced the Shahaadat was also a Wahabi.

When this information surfaced, then between 11.30 p.m. and 12.30 p.m., a reputable Sunni Aalim from our Jamaat called various Ulama and informed them that they had announced Eid on the message from Shahaadat from Wahabis. They replied by saying, that they had already announced that the following day was Eid, and there was nothing that they could do as retracting will case umume balwa. Another reputable Sunni Aalim was called various times and the Aalim from our Jamaat asked his permission to present the fax to him. He answered by saying that he had no need to see the fax, as he had already made the announcement and the next day would be Eid. 

1. What is the law on announcing Eid on the Shahaadat of Wahabis or just by news via the telephone, without making proper investigation?
2. What is the ruling concerning those Sunni Ulama who announced Eid without Tahqeeq?
3. What is the ruling on those Sunni Ulama, who after being informed did not retract their announcement, but went ahead with Eid?
4. Do the general public and these Aalims have to keep a Qazaa fast for this reason?
5. What is the ruling in the issue of Umume Balwa?
6. After this incident, should these Ulama who have been accepting telephonic messages for Ramadaan and Eid still accept such messages?
7. Is there Tauba on these Ulama? If so, then what is our responsibility if they refuse to announce their Tauba?
8. What is the law concerning those Ulama who accepted this practice to be wrong, but still made Eid on the next day?
9. Should the Cape Town Hilaal Committee be trusted now, knowing that it took message from Wahabis?

May Allah Bless You with Jaza-e-Khair. 

Was Salaam

Durban Hilaal Committee

South Africa 

ANSWER 

1. I have to say in this regard that it is quite unlawful to announce Eid relying on the telephonic call as Shariah refuses the telephonic message, fax, telegram, letter, etc. Ala Hazrat (alaihir Rahma) has explained this rule of Shariah in his various verdicts. He, who wants the detail he should go over his distinguished work Fatawa Razvia ? Wallah Ta'ala Aalam.
2. They are liable in the view of Islam. Wallah Ta'ala Aalam.
3. They must repent as they have violated the rules of Shariah and committed a great sin, therefore, they have to repent and seek forgiveness from Allah. Wallah Ta'ala Aalam.
4. Yes, they have to do. They must fast one day for the lapse. Wallah Ta'ala Aalam.
5. Umme Balwa means the commonness of intensity and unavoidable narrowness. What intensity regarding this issue Muslims should avoid Shariah and avoid violation. Wallah Ta'ala Aalam.
6. No, Wallah Ta?ala Aalam.
7. Yes, of course. If they refuse to announce their repentance, they deserve to be avoided by the Muslims. Muslims must keep distance from them. Wallah Ta'ala Aalam.
8. The verdict is alike and the rule concerning them is same as above. Wallah Ta'ala Aalam.
9. Not al all. Wallah Ta'ala Aalam.

Hadrat Allama Mufti Mohammad Akhtar Raza Khan Qadri

01-02-2002