Ramadhan & Moonsighting Bismillah-ir-Rahman-ir-Raheem Ramadhan & Moonsighting Question: With regard to the affirmation of the legitimate sighting of the new moon, is it permitted to consider the scientific facts as either revocatory or consolidating of the testimony of he whose sighting confirms the beginning of the month of Ramadhan? In other words, if a Muslim were to say that he has sighted the new moon in one side of the space, and the astronomic facts dismissed the possibility of the new moon appearing in that part, while confirming that the new moon would be born in a different side, would it be fitting to consider the astronomic calculations in this context as a stipulation upon the witness in order to determine whether he is telling the truth or not? Thus, the testimony is either revoked or consolidated? I would be grateful if the emphasis were on the aspects related to the consideration of the witness?s testimony in this particularity. The Shahadah i.e. testimony is the foundation of Al-Bayyinaat i.e. the evidences, and these represent all what confirms and proves the claim or the allegation, and they are the proof of the claimant; it is also considered as one of the actions outlined by the address of the Legislator, i.e. it is one of the Shariah liabilities, thus, it is imperative to have a Shariah evidence that indicate its status as being part of Al-Bayyinaat. The evidence has been established concerning the existence of four types of evidences; these are the testimony, the confession, the oath and the conclusive written documents. Apart from these, nothing is deemed as part of Al-Bayyinaat as far as Shariah is concerned, because there is no evidence to suggest that it is part of Al- Bayyinaat. The evidence pertaining to the Shahadah has been listed in the Quran and the Hadith. As for the Quran, Allah (swt) says: T.M.Q. And get two witnesses out of your own men... [2-282] Allah (swt) also says: T.M.Q. And take for witness two persons from among you endued with justice... [65-2 ] Allah (swt) also says: T.M.Q. And take witnesses whenever you make a commercial contract... [2 -282] As for the Hadith, the Messenger of Allah (saw) said: ?Either your two witnesses or his oath.?. The Messenger of Allah (saw) said some allies of a man from Al-Ansar who was killed in Khaybar: ?Do you have two witnesses who will testify the killing of your friend?? The word Shahadah is derived from Mushahadah, which is Mu?aayanah, which means viewing or observation. The taking of an oath has been called Shahadah, because the viewing is a cause for it. Hence, the Shahadah occurs if there is a viewing or what is similar to it, such as hearing or sensing or anything similar to viewing. The Shahadah cannot be deemed as evidence unless it is decisive for the witness, because it is the proof that affirms the claim. Hence, it is wrong for anyone to bear witness unless it was based on knowledge, i.e. based on decisiveness. The Messenger of Allah (saw) said: ?If you see something as you see the sun, you may then bear witness, otherwise refrain.? Therefore, whatever is occasioned through one of the senses, deemed as conclusive through the identification of what is sensed, and based on knowledge, i.e. on decisiveness, it is permitted for one to testify it, and whatever does not occur through this, one is forbidden to testify it. Shariah has decreed that the testimony of the Muslim is initially acceptable, because embracing Islam makes the person who embraces it, trustworthy in origin. Hence, the Muslim is trustworthy unless his wrongdoing is established. To reject the Shahadah i.e. testimony of a Muslim is against what is initially established, and whatever is contrary to what is originally established requires confirmation, i.e. it requires a proof to confirm it. This proof cannot be anything else but a Shariah text, because the rejection is a Shariah rule, thus it requires a Shariah evidence. Also, because the affirmation of what is contrary to what Shariah has initially established requires a Shariah text confirming what is contrary to the original. Therefore, the testimony cannot be rejected except through an accusation. The Messenger of Allah (saw) said: ?No testimony for the impeached.? Therefore, the Muslim acts as an authority if the aspect of truthfulness in him were preponderant in his favour. However, the impeachment is determined by Shariah and not by reason; thus a testimony cannot be rejected except through an impeachment which a Shariah text indicates its validity to render a testimony incredible. As long as there exists no Shariah text indicating impeachment, the testimony cannot be rejected. Those whom the Shariah text has stipulated the rejection of their testimony are the untrustworthy, the Mahdood i.e. the punished and the traitor, man or woman. Also rejected through a Shariah text are the testimonies of the enemy against his enemy, if the enmity were related to a worldly matter, the testimony of the employee for his employer, if it were related to the employment, and the testimonies of the son for his father, and the father for his son, the wife for her husband and the husband for his wife. Apart from these categories, one?s testimony must be accepted, for there is no Shariah text to stipulate the rejection of their testimony. Continue to read on: forum.hizbuttahrir.org/showthread.php?2250-Ramadhan-amp-Moonsighting
Posted on: Wed, 25 Jun 2014 19:37:42 +0000
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