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When Imam Shafei moved from Iraq to Egypt, he changed 50 of his fatwa’s because the conditions and the situation in Egypt was different than in Baghdad. Imagine if he was still alive today, how many fatwa’s he may want to change based on our conditions?
I think enough is enough as we disputed every year regarding the new hilal (moonlighting) for Eid and Ramadan. Shekh Ghazali the former president of Al-Azhar University-Egypt described the condition of the Ummah as; a group of people on the seashore who see a boy in the water drowning with his hand still above water asking for help, but those people on the Seashore instead of jumping-in and saving the boy, stand there discussing how best to save him.
My personal opinion; the new fatwa from FCISNA is excellence solution for our current problem the Ummah faces every year.
That because the fatwa based on :
1. Fiqhus Shar’i (Islamic Shari’ah)
2. Fiqus Waqi (the Figh of reality or current situation)
1. Fiqh Syar’i
Qur’an: “Allah SWT has said: “desires ease for you, and He does not desire for you difficulty, and (He desires) that you should complete the number and that you should exalt the greatness of Allah for His having guided you and that you may give thanks.”
Sunnah: The Prophet SAW said “we are people of ‘Ummi’, fast when you see new moon (of Ramadan), and break your fast when you see new moon (of Syawal).
Everybody knows that in the time of Rasulullah (S) most of his companions were Ummi, (couldn’t read and write). But why did the prophet started his statement by saying that we are the people of Ummi? I think He (S) wanted to say to the Ummah; now when you are not Ummi anymore; when you have knowledge about astronomy; when there is tools available to make calculation, you don’t need to use this system anymore (to see the moon by eyes). Use that knowledge and technology, because is also from Allah SWT.
2. Fiqh Waqi means that when an ‘Alim’ (Muslim scholar) is going to make any fatwa, besides looking to the Islamic Shari’ah, he has to see also the reality before him.
For example when a man came to Ibn Abbas and asked him if Allah will forgive him if he kills someone and then repents. Ibn Abbas looked into the man’s eyes, and then said: “No, Allah will not forgive you”. The man left, and the shahabah who were there said to him: “O Ibn Abbas you gave fawa to that man against the Qur’an and sunnah! Allah SWT has said: “Surely Allah does not forgive that anything should be associated with Him, and He forgives what is besides this to whom He pleases; 4:116 So, Allah forgives all sins include killing except Shirik. Also in the Hadith Shahih it’s mentioned that there is a man did kill one hundred people, then he did repent, and Allah accept his repentance.
Ibn Abbas answered: “Yes, the verse and the Hadith are correct, but I saw in his eyes that he intended to kill someone, then repent. If I say yes, he will do it, but by saying no to him, at least I save someone’s life today..”
The reality is that we are facing tremendous difficulties every year in order to unite the Ummah; how to start Ramadan, and have Eid together on the same day? We are facing difficulties in order to rent a venue for a large Eid prayer; and in the past sometimes having to reserve for two days when we only will use it for one at great cost; Muslim workers and employees face enormous difficulties to submit vacation time or days off; and students also face difficulties in asking off from school, etc. and this is Figh Waqi’.
So, again base above argument I personally endorse FCISNA’s Fatwa concerning Ramadan and Eid.
Wallahu ‘alam
Mohamad Joban
(Imam of Islamic Center of Olympia, Washington)
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Subject: [arrahman2003] Ramadan & Eid based on Calculation
Assalamu'alaikum,
The Fiqh Council of North America is an independent body, comprised of
qualified Islamic scholars in North America. The Council communicates
with experts and consultants to meet expected needs for rulings and
advice in various areas of Islamic life in North America.
ISNA's Majlis Ash-Shura, the highest policy making body of ISNA, has
resolved to follow the Fiqh Council's position on the issue of
determining the beginning of the Islamic lunar months for North
America.
Position of the Fiqh Council of North America
According to the calculation criteria for determining the Islamic
Lunar dates adopted by the Fiqh Council of North America, following
are the dates for Ramadan and Eidul Fitr for the year 1427.
Ramadan 1427 - First of Fasting September 23, 2006
Eidul Fitr 1427 - First of Shawwal October 23, 2006
The Fiqh Council of North America after careful research,
deliberations and discussion ! has adopted a new position regarding the
determination of the beginning of the Islamic lunar months. This
position is based primarily on the following Fiqhi premises:
Sighting the Hilal (ru'yah) is not an act of 'ibadah in itself; it is
rather a means to know with certainty about the beginning of the new
month related to Islamic 'Ibadat.
Ru'yah as a means was indicated and used by the Prophet -peace be upon
him- because he hiecause he himself said that the Ummah at that time was not
literate and did not know how to write or to calculate (complicated
astronomical data).
Some classical jurists were willing to accept the calculations.
Some classical jurists refused to allow calculations in this matter
because in their time astronomy and astrology were not quite distinct
sciences. Jurists were suspicious that astronomical predictions may
not be based on exact science but on whims, conjectures, superstition
etc.
During the last century an increasing number of Muslim jurists
ind icated that calculations could be used to negate erroneous reports
of crescent sighting. Some jurists were of the opinion that
calculations could also be used as a positive method to determine the
new Islamic lunar months.
There are now many Muslim astronomers who have been working for many
years to develop a global lunar Islamic calendar. Fiqh Council
particularly appreciates the efforts of its consultants Dr. Imad
ad-Dean Ahmad, Dr. Khalid Shaukat, Dr. Muhib Durrani and Dr. Ahmad
Salamah.
Dr. Salah Soltan and Dr. Zulfiqar Ali Shah also presented scholarly
papers to give thorough evidence from Fiqh Perspective that the use of
calculations is not against the Sunnah of the Prophet -peace be upon
him.
The Fiqh Council of North America considered the following factors in
making its decision:
Use of calculations in determining the Islamic dates is not against the Sunnah.
Reliable astronomical methods are now ava! ilable to provide a sound
basis for the determination of the Islamic dates of Ramadan and the
two Eids.
Shari'ah is based on ease and considers the convenience of people.
Announcement of Islamic dates ahead of time will reduce a lot of
hardship,chaos and confusion that happen every year at the time of the
beginning of Ramadan and the two Eids.
Announcement of Islamic dates will help Muslims to plan their
activities in advance, facilitating their ability to take off from
work or school. Many other benefits will result from this.
Announcement of these dates will also remove unnecessary financial
burdens from the Muslim community in North America.
Muslim of America will become more united in their celebrations.
Muslims of America can also work to have their Islamic holidays
officially recognized.
The Muslim community of North America will lead the way towards the
development of a unified global Islamic! calendar for the whole Muslim
world.
The Fiqh Council will continue working with the Imams and scholars of
the communities to develop a consensus in this matter. It is, however,
hoped that whether some of us agree or disagree with this position, we
shall all recognize the validity of ikhtilaf in this issue and that
the Ummah should be united in brotherhood despite any legitimate fiqhi
differences.
Fiqh Council of North America Decision on Determining the Islamic
Lunar Calendar
A special conference on Hilal Sighting was organized by the Fiqh
Council of North America (FCNA) on 10 June 2006, in Virginia, attended
by a number of jurists, Imams, astronomers and other concerned
Muslims. A number of research papers dealing with the juridical and
astronomical aspects of the topic were presented and discussed. After
further teleconferences and communications among the members and
astronomical consultants, the following is concluded:
It is decided to use astronomical calculation to determin! e the
beginning of the Islamic lunar months with the consideration of the
sightability of the crescent anywhere on the globe.
To determine a lunar Islamic calendar, a conventional point of
reference must be used. The International Date Line (IDL) or the
Greenwich Mean Time (GMT) may be used.
The new Islamic Lunar month begins at sunset of the day when the
conjunction occurs before 12:00 Noon GMT.
Brief Explanation:
Discussion of a number of research papers led to the conclusion that
the use of calculation both in negation as well as affirmation of the
beginning of the new Islamic Lunar months has a firm basis in the
Qur'an and Sunnah as well as in the opinion of some classical and
contemporary jurists. For more details please see the website of ISNA
at http://www.isna.net/
The new moon (i.e. time of conjunction) is when the Mo! on passes
between the Earth and the Sun closest to the Sun-Earth li ne. This time
of conjunction is precisely predictable by astronomical calculation.
The conjunction before 12:00 Noon GMT would give enough time to the
new moon to be visible (weather permitting) somewhere on the globe
before the end of the night in North America.
For more information please check the links below.
Fiqh Council of North America (FCNA) Contact Resource:
Dr. Muzammil Siddiqi (http://mail.google.com/mail/h/af89ji7nrhko/?cs=wh&v=b&to=drsiddiqi@aol.com)
Dr. Mohhamad Adam Elsheikh (http://mail.google.com/mail/h/af89ji7nrhko/?cs=wh&v=b&to=melsheikh@aol.com)
Please see the video:
http://video.google.com/googleplayer.swf?docId=-2113628817302639240&hl=en
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