Zulfiqar Ali Shah’s Fiqh Paper on MoonSighting #3
September 8, 2006 — ibnabeeomarOn page 31 he says after quoting various opinions regarding sighting, and the number of witnesses required, etc,
…actual sighting cannot be called as the categorically absolute rule of Islam where there is no difference of opinion…
While this may be true, in the opinions he quoted, none of them actually pointed to calculations actually being one of those opinions.
This point may seem a bit redundant, but it is extremely important to realize that ISNA does not have a single precedent in adopting this opinion. There is nothing in the entire paper that actually supports the opinion they have actually adopted.
Then through page 39 he argues against the scholars who compared doing astronomical calculations to being the same as some rabbanical councils, and therefore haram. I personally don’t see the point of this discussion. Even if Zulfiqar Ali Shah is 100% correct on all of this, it just disproves that ONE reason (of the many given) given as a possible explanation of the prohibition of calaculations being correct. More simply put, you can win this battle but still lose the war.
Then he quotes ayaat proving the moon is in a fixed rotation, and that sighting was the only way to have a confirmed certainty. This is incorrect for a number of reasons. First, Dr. Shah himself in his discussion of the rabbanical councils has proven that there was in fact some method of calculation that could have at the least been used to verify sightings. However, scholars understood that this was not acceptable. Secondly, He himself quoted earlier in the paper a big discussion about completing the month vs. sighting the moon, and being able to have Ramadan without sighting the moon. Therefore, his own research that he presented shows that there was nothing in the sunnah requiring such scientifically accurate “confirmation,” otherwise the Prophet(saw) would have commanded us to look at the calculations.
Then he quotes many things trying to show some scholars support of calculations. He also mentions in the same discussion that scholars such as ibn Abdul Barr had doubted the authenticity of some of these claims!
Also ibn Taymiyyah said regarding the statement of Mutarrif,
5/182
(ان هذا ان صح عنه فهي من زلات العلماء)ا
ibn Taymiyyah states about Mutarrif (al-Majmu 25/182):
“If this is authentic from him, it is from the slips of the scholars.”
Lastly, Zulfiqar Ali Shah mentions a few scholars had allowed it. However, he himself says in the beginning of the paper that the overwhelming majority opposed them, and he himself quotes that there is ijmaa’ (consensus) on the issue. Therefore, even if a handful of scholars allowed it, they were opposing the majority and previously established consensus.
But even then, what Dr. Shah fails to mention, is that even those scholars who had allowed it, did not allow for calculations to REPLACE sighting such that no one even goes out to look for the moon anymore which is what ISNA now advocates!
Anyway, I believe that this is all that really needs to be said on this paper. The first 11 pages he wrote refute the following 41.








September 12, 2006 at 10:22 am
assalamu alaikum,
jazakallahu khayr to br. hood at http://islamiclawetc.wordpress.com i have amended my post from saying,
“…the rabbanical councils has proven that there was in fact some method of calculation that could have at the least been used to verify sightings. However, the Prophet(saw) still forbade them.”
to
“…the rabbanical councils has proven that there was in fact some method of calculation that could have at the least been used to verify sightings. However, scholars understood that this was not acceptable.”
he pointed out that there is a difference in the 2, one being an ijtihadi statement, and the other relegating the understanding back to the scholars.