The holy month of Ramadhan is here again. It is a month of worshipping and abstaining from food, drink, sexual intercourse and smoking from dawn till sunset.
Muslims are also required to refrain from sinful behavior that may negate the reward of fasting, such as false speech (insulting, backbiting, cursing, lying) and fighting.
However, the beginning of this auspicious celebration has been marked with controversies over the years owing to different interpretations by scholars.
The primary factor in beginning and ending the fast is sighting of the moon. The traditional method mentioned in the Quran and followed by the Holy Prophet (peace be upon him) is to look to the sky and sight the slight crescent moon (Hilal) that marks the beginning of the month. If one sees the hilal at night, the next day is the first day of Ramadhan and thus the first day of fasting.
One group of Muslim scholars believe that when the moon is sighted in any part of the world, especially in Saudi Arabia, then Muslims should start fasting the following day. Another group is of the view that it is only when the moon is sighted locally, confirmed and announced by the chief Kadhi, that faithful should start fasting.
The latter group denounce the Saudi version, saying it is based on astrological calculations of the administrative calendar of the Saudi government, commonly known as Ummul-Qura, and thus not the traditional moon sighting as ordered in Islam.
But Sheikh Abdullatif Essajee, a lecturer at the University of Nairobi, disagrees with this view, saying the Saudi calendar is only used in offices for administrative purposes and has no other credence.
“It is just difference of opinion on sighting the moon locally or internationally and that is no big deal. People should follow what they believe as both are allowed in Islam. What is important is tolerance of each other’s standpoint.”
He says the one day difference in beginning and ending the fast does not affect Muslim unity, but the attitude of scholars towards different opinions is wanting.
“How do people stand and abuse others just because they differ on starting the fast or celebrating Idd? That enmity should not be there in the first place since everyone believes he is following the right path of Islam. People should simply respect each other’s opinion.”
The general secretary of the Supreme Council of Kenya Muslim, Abdul-Latif Shaaban, calls for a consensus forum of Muslim scholars to determine when to start and end Ramadhan.
“We tried to bring them together sometimes back but they did not agree as everyone stuck to his own opinion and did not want to compromise. But I think it is important to sit down and discuss this matter. The difference is affecting Muslims as some don’t know whom to follow.”
The respected Hazrat Maulana Mufti Muneer Ahmen Akhoon, the chief-in-charge of the Council of Muslim Scholars in America, agrees with the validity of moon sighting in Saudi Arabia, saying it is completely in accordance to Sunna and principles of Shariah.
“Based upon the superior (Rajeh) and established criteria (Mufta bihi Maslak) of global moon sighting, when a decision is declared from the holiest city of Islam, Makka, by the central moon sighting committee of Umm-Al-Qura, it becomes mandatory for the entire Muslim Umma to commence Ramadhan and Eid according to it. No matter wherever the Muslims are located around the world.”
However, he is against using astronomical calculations in the matter of moon sighting, saying it is against the teaching of Quran, Sunna and consensus of the Umma, insisting visual sighting is the only accepted evidence.
The political and ideological Muslim website, Khilafah, states that the Sheria rule says that if the people of one country sighted the new moon, it would be exactly as if all the Muslims sighted it as well. Therefore, they should all fast if it is the new moon of Ramadhan, and they should all break fast if it is the new moon of Shawwal.
But many of the Sunni Muslims in Kenya believe the moon should be sighted locally and announced by the Chief Kadhi or any other authorised personality.
Khalid Ahmed, deputy Imam at Riruta Muslim Masjid Noor, says although we share similar timings with Saudi, the appearance of the moon is quite different from us, something we cannot exclusively depend on. “I think the main problem is with local scholars who wish to impose the fact that we must follow Saudi Arabia, while grand scholars there have no problem with us following local moon sighting.”
He quoted highly respected Saudi scholars including the late Sheikh and former Saudi Mufti, Abdul Aziz Ibn Abdallah Ibn Baaz, who negated the setting of Makkah for global sighting saying “As for those saying it is necessary to follow the sighting of Makkah, then let it be known to them that there is no proof of basis for this in the Quran and Hadith” (Baathol Islam, Zil Hijjah 1399 Hijr).
Another Saudi Scholar, the late Sheikh Salih Al-Uthaymeen, was quoted as saying:
“This is impossible from an astronomical point of view because the sighting of the new moon as Shaykh al-Islam Ibn Taymiyya’s said, differs according to the scientists who are well versed in this field. Because of that, each country should have its own ruling.”
But Shia followers have no such problem of differences of opinion. “Shias listen to their highly learned scholars whom they trust and follow. He clearly announces the beginning and end of fasting and nobody will question to avoid confusion,” says Sheikh Noor Muhammed, Imam of Jefferys Mosque in Lavington, Nairobi.
However, he is quick to note that varying opinions should not be a source of disunity.
“Differences among scholars is a blessing because it widens the scope of understanding Islam even better, but this should be guided by tolerance and mutual understanding. Muslims are facing bigger challenges today than the one day difference of moon sighting.”
The East African region has for a long time relied on the respective chief kadhis to announce the beginning and end of fasting.
Many see this as the only way to forge unity among Muslims in the region, as others put the issue under scrutiny saying he has no credibility to do so.
Abdul-Jabber Ishaq, a kadhi at the Kibera Magistrate Court, says the Chief Kadhi has no legal authority to make the announcement as per the constitution.
“We have four concepts of Sharia legacy on our constitution which include personal status (Al Waahu Shaakhsiya), marriage, divorce and inheritance. So where does he derive the right to make the announcement?” he poses.
Ishaq says the Chief Kadhi’s announcement has been an agreed custom which united Muslims, “but as it stands now, time has changed and it should be enshrined in the constitution for it to have an impact.”
Ishaq says a consensus committee (Shura) comprising scholars from all corners of the country should be formed to deliberate and agree on the dates.
“As for now, our Chief Kadhi mainly relies on information from only one region, but with the committee in place, deliberation will be made rationally.”
As for future unity, Prof Essajee feels there is still hope, “the issue of differences is not as big as people would like us to believe. I know with time, scholars will come together and agree, because in the first place, they all agree that moon sighting is the basic requirement in fasting, now it is only when to start and end the fasting is the issue. But as I said, people should be tolerant with each other.”
Sheikh Salat Hukka Asalow of Riruta Muslim Mosque concurs: “There is no big problem here as no one breaks the principles of Islam. Both groups believe in one God, one prophet, pray five times a day, fast in the Holy month of Ramadhan and converge in Mecca for hajj. They all agree on these principles, so this issue of the moon is not big and should not disunite us or bring enmity among us. Inshallah we pray to God to bring consensus among us.”
That prayer seems to have been answered last Thursday as Muslims around the world started fasting the same day.
