Short talk by the Head of the Central Media Office of Hizb ut Tahrir Engineer Osman Bakhash about the Global Khilafah "Caliphate" Conference, which was organized on Sunday 23 Rajab 1434 AH, corresponding to 02 June 2013 in Jakarta, which was attended by more than 120 thousand Muslim men and women.

Wednesday, 26 Rajab 1434 AH, corresponding to 05 June 2013

English

Arabic

Question Six:

Moon-sighting at the beginning of the lunar months is raised every year in our Islamic community in Ramadan... What is our position to those who say using the astronomical calculations is an alternative to sighting to prove the start of Ramadan? Is it only an outweigh opinion or rejected, which is batil (invalid)? In other words, can this evidence (shub'hit daleel) be understood in any other manner or not? And if it is a rejected opinion- as I understand- what is the Islamic judgement (Hukm) for their fast for those who follow this opinion? For your information there are many here in Australia and in other western countries and they are increasing.

And another issue, if it becomes clear to the fasting person that he made a mistake in sighting the moon, what shall he do? Is that not something of severity? And some who discussed this say that the fast based on the sighting of the hilal (crescent) is not practical, simply they attempt to sight the moon but can not sight it, or they disagree in its sighting which causes a problem! What is the opinion on this issue? Today's calculation precisely determines the new moon; it then determines the sight possibility even if it not seen, so why not depend on calculations, since it makes the issue easier in the same manner we calculate prayer times.

Answer:

The fasting in Ramadan is dependent on the sighting of the moon according to the evidence related to it including صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ، فَإِنْ غُبِّيَ عَلَيْكُمْ فَأَكْمِلُوا عِدَّةَ شَعْبَانَ ثَلاَثِينَ. "Fast at its sighting and break your fast at its sighting, and if it vanishes from your vision, then complete the period of Shaaban 30 days."

In regards to those who deem astronomical or lunar calculations as evidence and depend upon it, it is rejected and does not apply to the issue. Commonly referring to the following two:

First: The Prophet (saw) said: «إِنَّا أُمَّةٌ أُمِّيَّةٌ، لاَ نَكْتُبُ وَلاَ نَحْسُبُ، الشَّهْرُ هَكَذَا وَهَكَذَا»

"We are an illiterate nation; we neither write, nor know accounts. The month is like this and this" (Al Bukhari)

and this Hadith «إِنَّا أُمَّةٌ أُمِّيَّةٌ، لاَ نَكْتُبُ وَلاَ نَحْسُبُ، الشَّهْرُ هَكَذَا وَهَكَذَا»

"We are an illiterate nation; we neither write, nor know accounts. The month is like this and this" (Al Bukhari). Although it contains the concept of illiteracy as noted by the word "illiterate" with some people understanding that as if it is an illah that since today's Ummah is literate then we are able to use calculation to determine the moon sighting for Ramadan. However this NOT the case as it is known in Usool principles since this description is suspended, because of the description (illiteracy) is often taken out of context, since the majority of the Arabs were illiterate at the Prophet's (saw) time, in addition to this understanding is suspended by a text which is this Hadith «فإن غُمَّ عليكم فأكملوا العدّة ثلاثين» (البخاري).  "and if it is hidden by clouds then complete thirty (days)" And did not mention any conditions or restrictions that if sighting is not possible due to clouds, rain or any other reason preventing its sighting, thus the Hukm (Islamic ruling) determined the completion of a thirty-day month, even if the crescent exists although covered by clouds. Therefore one has to act according to the wording of the Hadith and not based on understanding the Hadith.

This is the reality of the conditions of acting according to the understanding in more than one case, it becomes suspended if it is taken out of context, or if a text suspended like:

[وَلَا تَقْتُلُوا أَوْلَادَكُمْ خَشْيَةَ إِمْلَاقٍ] "And do not kill your children out of poverty" so "out of poverty" describes the concept that is fear of poverty, that was in general a description for the Arabs, who used to kill children from fear of poverty, therefore that understanding  is suspended with the text, [وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ] "but whoever kills a believer intentionally- his recompense is Hell" therefore the understanding here will be suspended, it is not said that the Haram is when you kill your children fear of poverty while Halal during  wealth! Rather it is Haram in both cases, whether in poverty or wealth, as stated in the following ayah ((لَا تَأْكُلُوا الرِّبَا أَضْعَافًا مُضَاعَفَةً)) "Do not consume usury, doubled and multiplied" thus ‘doubled and multiplied' are a described concept, therefore the understanding is derived from the concept, who used to deal with riba (interest) doubled and multiplied, and that understanding was suspended by this text ((وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا ً)) "But Allah has permitted trade and has forbidden interest" Therefore this understanding is suspended, it does not refer to the high interest as haram abut the least amount as permissible rather all amounts of ribaa are haram due to the concept ‘doubled and multiplied' is suspended as we stated.

So the concept of ‘illiterate' is suspended as we explained; therefore if one was unable to sight the moon due to clouds or rain, then it becomes obligatory to complete 30 days of the month, whether or not we know how to calculate.

Secondly: Their statements regarding prayer times depend on calculation, therefore the time of fasting depends on calculation... and the answer to that:

Researchers (or anyone who follows the texts) can find that the evidences differ for fasting from those that are related to prayer, since fasting and breaking the fast is linked to this moonsighting: ((مَنْ شَهِدَ مِنْكُمُ الشَّهْرَ فَلْيَصُمْهُ)) "So whoever sights (the new moon of) the month, let him fast it" "صوموا لرؤيته وأفطروا لرؤيته" "Begin and end fasting when you sight the crescent" so the sighting is the Hukm.  However the texts concerning Salah are linked to verifying the time. ((أقم الصلاة لدلوك الشمس)) "Establish prayer at the decline of the sun [from its meridian[" "إذا زالت الشمس فصلَّوا" "if the sun remains then pray"  thus the Salah depends on verifying the time, by any means to ensure the prayer time.  So if you looked to the sun to see the time of the meridian/disappearance or if you looked to the shadow, then you will see the shadow of everything being the same or doubled in size, as it came in the Ahadith regarding prayer times. If you did this and verified, then your Salah is valid; and if you did not do that, but calculated it astronomically and learned the time of the meridian is at such and such time, and looked to your clock without going to see the sun or the shadow, then the Salah is valid. That is to verify the time using any means, why? Because Allah (swt) ordered you to pray when the time enters, it was left it up to you how to verify when it entered without specifying the manner of verification. As for fasting, He (swt) ordered you to fast by the sighting and specified for you the cause. Furthermore He (swt) said that if the clouds blocked your vision and you could not see, you should not fast even if the crescent existed behind the clouds and you were certain of its presence based on astronomical calculations.

This is our opinion on this issue, thus the astronomical calculations are not permissible in designating the fast or its breaking of the fast for Ramadan, but rather the Shariah sighting.

-As for the fast of those who use astronomical calculations, if they fasted the days of Ramadan according to the sighting, then their fasting is valid. And if they missed a day of Ramadan according to the sighting, then they are responsible for it and must fast the day (as make up for the missing day).

This is what we are convinced of and we make it clear to people, and we do not use a stick to force people to follow our opinion, we clarify this using good means and proper wisdom to conclude this topic. So we do not make this issue grounds for conflict; instead we draw the straight line next to the crooked line, and Allah (swt) is the Guide to the straight path.

-Regarding the claim that sighting makes the issue difficult, then if a person fasts the month and then another person tells him that it is Eid... Likewise if he was not fasting on the first day of Ramadan and another person came to him and said the new moon was seen so it is Ramadan and in this manner, the issue became difficult for him...

And the answer to this is that the issue is easier than this, so if the Muslim fasts and breaks the fast according to the knowledge of the vision after he investigated it. So if he fasts and breaks his fast based on the non-sighting of the Crescent at his place, and then another person with more knowledge came and said the new moon was sighted, then he has to follow him which is clear from the Hadith of the Messenger of Allah (saw). It was narrated by a group from Al-Ansar:

«غُمَّ علينا هلال شوّال فأصبحنا صياماً، فجاء ركب من آخر النهار فشهدوا عند النبي صلى الله عليه وسلم أنهم رأوا الهلال بالأمس، فأمرهم رسول الله صلى الله عليه وسلم أن يفطروا ثُمَّ يخرجوا لعيدهم من الغد»

"The moon of Shawwal was hidden by the clouds so we woke up fasting, then at the end of the day there came riders they testified in front of the Prophet (saw) that they saw the crescent the day before, the Prophet (saw) ordered them to break their fast and then celebrate Eid the next day." (Ahmad)

In the past, it was difficult to receive news of the moon-sighting from one region to another, as it occurred with the Prophet (saw) when he was informed by a delegation arriving to Madinah during the day in which the Prophet (saw) and the Muslims were fasting because they did not see the crescent. Therefore, when the delegation informed the Messenger (saw) of the sighting of the crescent, the Messenger (saw) ordered the Muslims to break their fast, and that day was the last day of Ramadan. So the Messenger fasted the complete period because he (saw) was unable to sight the new moon in Madinah. So when the news of the sighting in another area reached them, he ordered to break the fast, because this was a day in Shawwal. In other words: Eid, and not a completion of the period of Ramadan.

This issue is not complicated. In every area - sighting is possible, and if they do not see the new moon and they do not receive reliable information of the sighting from another area, then they have to fast or break their fast. And if they receive news of the new moon sighting, they have to follow it, because the Hadith is a speech is for everyone (صوموا لرؤيته..). "fast at its sighting..."

Regarding your statement: They claim "it is not practical"; so why is it not practical?

If the people of Australia try to sight the new moon of Shawwal but do not see it, and they do not receive news of its sighting from another area, then they have to fast. If they receive news of the new moon sighting during the day, then they have to break the fast, because this is the day of Eid, as the Messenger of Allah (saw) did... And so forth.

Today, news arrives easily and without trouble... and therefore the issue of it being unpractical is not an argument for the Muslim, who wants to achieve correctness (al-Haqq) in his worship.

- As for determining the new moon using calculation, this is correct, whereas determining the possibility of the sighting, this is incorrect, because astronomers differ in determining the time period which it takes the new moon to become visible after sunset. Thereby in actuality, we do not fast or break the fast according to the new moon, but to its sighting, as the Messenger of Allah (saw) ordered us to do. «صُومُوا لِرُؤْيَتِهِ وَأَفْطِرُوا لِرُؤْيَتِهِ، فَإِنْ غُبِّيَ عَلَيْكُمْ فَأَكْمِلُوا عِدَّةَ شَعْبَانَ ثَلاَثِينَ» "Fast on its sighting and break the fast on its sighting, if its covered to you then complete the period of Shaaban with 30 days." It is possible that the new moon of Ramadan is present but the clouds cover it and you are unable to see it, so we complete the period according to the text of Hadith, thus the time of fasting is by the sighting as defined in the evidences, if the time of the fasting like the time of Salah was without the condition by sighting then the determination of the time using calculation will be correct. However, the evidences for fasting are dependant on the sighting, and the evidence for Salah came for verifying the time without the requirement of sighting «إذا زالت الشمس فصلَّوا...» "if the sun sets then pray..." as we explained above.

Question Five:

One of our Shabab (brothers) wants to adjudicate the Diyah (blood money) with silver of 12000 Dirhams to make it easier for the people. Is it permitted to rule with the blood money using silver if people do not buy or deal with it in regarding blood money neither their dowry, nor use it as savings; however, they buy a little for decoration? Even though, Fuqahaa relate the Diyah (blood money) to the camel to the people of camels and gold to the people of gold and in bank notes for the people of bank notes? Jazakum Allah Khayran.

Answer:

The Diyah to the people of camels is 100 camels, and to the people of gold is 1000 Dinar, and to the people of silver is 12000 Dirham that is correct.

However present-day bank notes are not backed by gold or silver therefore does not fall under the people of gold or the people of silver.

It is counted in cash using Qiyas (analogy) because of the Illah (reason) Mustanbatah (derived) from the text and that is the cash, as described in a chapter in the book Funds and others from our books. Considering that the amount of money regarding the Diyah depends on the Ijtihad of issue, and my view is that there is nothing wrong with estimating it with silver in the Diyah for accidental killing, because the person who was ascribed to him the accidental killing did not commit a sin, the Diyah is not because he has committed a sin, rather the Diyah is a wisdom known by Allah, so the mildest punishment in the payment of the accidental killing is the Diyah that is suitable with not committing a sin.

However the Diyah for intentional killing, I see that it be estimated in gold, because the one who killed intentionally has committed Haram, it does not ascribe him mitigation, instead the severest of punishment should be ascribed.

However if these paper monies are a replacement for gold or silver, then the person treats these paper monies according to the metal (gold or silver) in which it replaces.

And I ask Allah the Almighty that I am accurate and correct.

Headlines:

• Islam Taking Over, Europe Soon to be Unrecognizable
• 200 Russians Fighting Alongside Syrian Rebels, FSB says
• US: Taliban Inflicting Heavy Losses on Afghan Troops
• US Commander Issues Stern Warning on S. China Sea Disputes

Details:

Islam Taking Over, Europe Soon To Be Unrecognizable:

According to Dr. Mordechai Kedar, European softening, together with demographics, is leading to 'abysmal' change. Dr. Avika Libman: Riots start with preachers demanding Muslim state.  Europe's alarm clock has been ringing once again over the past week. The negative birthrate compared to the increase in Muslims, the heavy unemployment and the social-religious isolation of European immigrants are all back on the agenda. "Europe has lost its will to live as Europe," said Mideast expert Dr. Mordechai Kedar to Ynet. "It is gathered into museums, into history. If the leaders will not put an end to immigration, we will soon be hearing the death throes of the continent as we know it." Dr. Zvika Libman studies the effects of the Muslim minority in Europe in light of the radical Islam on European countries. When he sees the reality, he said, there is no alternative interpretation for the events. "There is no doubt that the unemployment and the economic hardships lead to rioting, as happened in France. And yes, there is a disadvantage compared to the European bourgeois, but this is not solely bitterness due to the economic situation - because there is unemployment among youngsters who are not Muslim, like in Spain for example. The Muslims have a fertile ground of mosques that awaken them, preach to them that they are deprived, that they don't belong, that they're not wanted and that the only solution is a country with an Arab majority. This is the starting point for these riots." According to Dr. Libman, Sweden is an example of the situation in Europe. Penniless immigrants coming from weakened and colonized countries, get housing, education and solid foundations from European welfare countries, and still express their anger at the establishment. How long will Europe contain the situation? "Good question," said Libman. "After WWII Europe is extra careful about anything that has to do with human rights and right to freedom. On the other hand, it absorbs aliens that do not integrate within the community. Europe needs manpower because the birthrate is low, they need those immigrants that seek to change the religious identity of the continent. It is an interesting time."

200 Russians Fighting Alongside Syrian Rebels, FSB says:

There are about 200 Russians currently fighting alongside rebels battling the Syrian regime, the head of Russia's Federal Security Service said Thursday. It is the first confirmation by Moscow that Russian-born Islamists are active in the Syrian civil war, and contradicts some earlier denials of their involvement by Russian officials. "There is great concern in Russia that there are about 200 militants from the Russian Federation fighting [in North Africa and Syria] on the side of the Caucasus Emirate [militant Islamic organization] under the flag of Al Qaeda and other affiliated structures," FSB head Alexander Bortnikov said at an international security conference. Most Russians fighting against the government of Syrian President Bashar Assad are believed to come from the North Caucasus, which has a thriving jihadist movement - the legacy of a series of brutal separatist wars following the fall of the Soviet Union. The Kremlin is particular concerned about instability in the North Caucasus ahead of the 2014 Sochi Winter Olympics, which could be fueled by hardened fighters of Russian origin leaving Syria to go home. Sochi is a Russian Black Sea resort located in the vicinity of the volatile North Caucasus region. "This is a very serious threat for all states, for Russia and CIS countries and for European states and the American continent," said Bortnikov. "[But] the danger is that these terrorists will end up returning to the country from which they left." Russian officials have previously downplayed the role played by Russian militants in Syria. Chechen leader Ramzan Kadyrov said last year that it was a "hoax" to suggest Chechens were among the Syrian rebels. But evidence of Russian involvement with the rebel movement has grown as Syria's bloody civil war continues. Russia's most wanted man, rebel leader Doku Umarov, who is also the head of the Al Qaeda-linked Caucasus Emirate, appeared in a video last year saying that those fighting against Damascus were in his prayers. And a Russian-language website, Fisyria.com, was launched in March by a Syrian rebel group called Jaish al-Muhajireen wa Ansar ("Army of the Emigrants and Helpers").

US: Taliban Inflicting Heavy Losses on Afghan Troops:

The U.S. commander in Afghanistan, General Joseph Dunford, says Taliban insurgents are inflicting heavy losses on Afghan national security forces as the Afghans assume the lead.   U.S. Marine Corps General Joseph Dunford spoke to reporters on the sidelines of a gathering where U.S. Defense Secretary Chuck Hagel joined NATO defense ministers to talk about the way forward in Afghanistan as international forces prepare to draw down next year.  As that drawdown nears, international troops are taking up more of a support role and it is the Afghans who are in the lead against the insurgents.  Now on the front lines with international troops only providing backup, the Afghans are at risk for greater losses. Several weeks into the fighting season, General Dunford said the Taliban has done what it said it would do: step up high-profile assaults and insider attacks to create fear and intimidation.  He called the losses among Afghan forces significant. "The numbers have been, as I look back over the last six or eight weeks, it's probably been 70 in one week.  It was 44, 34 and then the last two weeks have been over 100," Dunford said.

US Commander Issues Stern Warning on S. China Sea Disputes:

The top American military commander in the Pacific issued a stern warning to any country that might try to seize control of disputed areas in the South China Sea: "We will oppose the change of status quo by force by anyone," Admiral Samuel Locklear, commander of U.S. Pacific Command, said during a visit to Malaysia on Wednesday. "We need to retain the status quo until we get to a code of conduct or a solution by party nations that is peacefully accepted." While Locklear did not mention China by name, China has been aggressively asserting its sovereignty over the disputed areas while some of its neighbors, including the Philippines, Vietnam, Malaysia and Brunei, are also defending their claims with diplomatic might. China's neighbors have been pushing for a code of conduct with China designed to ease tensions, but Beijing has not been clear about its desire for such a code. However, the top U.S. diplomat for East Asia, Joe Yun, said in Washington on Wednesday that China and the members of the Association of Southeast Asian Nations have reached an understanding that formal negotiations for a code would start later this year. Locklear said a code of conduct would allow the military "to understand the boundaries of what they can do in the best interest for a peaceful solution," adding that he didn't think tensions in the area were likely to escalate because the countries involved "understand this could be a long process, they understand restraint."

Abu Hashim