References

[1] See, al-Bukhari, Al-Sahih, v.3., p.35, Muslim, Al-Sahih, v.1., p.347. The eminent traditionist Mulla al-Qari comments upon this tradition: 'This tradition indicates that to act upon the conclusions of the astronomists is not our way nor our Sunnah; instead our finding is concerned with the visibility of the first moon'. (Mirqat, v.4., p.244). The eminent jurist Ibn Abidin al-Shami agrees with this principle and says: 'The Prophet (ﷺ) has no trust in the mathematical conclusions but he has completely rejected that suggestion'. (Radd al-Muktar, v.2, p.126). The eminent astronomist Abu Rayhan al-Bayruni agrees with the common standpoint of the experts that the conclusions of the astronomical instruments are not conclusive and definite. (See al-Bayruni, Al-Athar al-Baqiyah, p.198). In his work on the jurisprudence of the Four Schools, Abd al-Rahman states: 'Despite their deep base we do not find the opinion of the astronomists, conclusively set and their frequent differences in arriving at a decision bear testimony to it. This is the opinion of the three Imams (Abu Hanifah, Malik and Ahmed). As regards the Shafi’i School they also do not regard it authoritative for the generality of the public'.  (Al-Fiqh alal al-Madhahib  al-Arba’ah, p.551). Majd al-A’immah al-Tarjumani reports that all the companions of Abu Hanifah and al-Shafi’i agree that the opinion of the astronomists cannot be depended upon. (See, al-Shami, op.cit., v.2, p.126).

[2] Fakhr al-Din Zayla’i (d.743 A.H.) states in his commentary on Kanz al-Daqa’iq: the evidence supports that address to every nation should be considered in view of their own conditions. (Al-Zayla’i, Tabyin, v.1., p.321). Ali al-Qari states: “The cause of commencement of the fasting days is the month of Ramadan. When, on the basis of the sighting of the moon, it is established for a nation it is not necessarily established for the other nation where there is a difference in the rising-times. When the sun comes down or sets upon a nation and not upon the other there will be the timings of the Zuhr or Maghrib prayer for the former and not for the latter because the cause has not been established for them. This is the legal opinion of al-Quduri and the other teachers who have taken the difference in rising-times into account”. (Sharh al-Niqayah, v.1., p.172). The eminent Hanafi jurist Ala al-Din al-Kasani (d.587 A.H.) also agrees to take the difference in rising-times into account in determining the first of Ramadan and Eid. (See, Al-Bada’i, v.2., p.83). Shah Wali Allah, the eminent traditionist of Delhi corroborates this opinion that difference in rising-times of the long-distant zones should be taken into account. (See, Al-Musaffa, the commentary on Muwatta, v.1, p.226).

See, Ibn Abidin op.cit., v.2., p.132.

[3] See, S 5:39,"0 you who believe, obey Allah and obey the Prophet (ﷺ) and those in authority from among you; then if you fell into a dispute (with them) about anything, refer it to Allah (the Qur'an) and the Prophet (ﷺ) (the Sunnah) if you believe."

[4] See, the Abidin, op cit, v.1. p.780,"Obedience to the Imam is obligatory provided it may not cause disobedience to Allah and the Prophet (ﷺ)". For further evidence on this issue, See, ibid, v.3 p.428" It is obligatory to obey the Imam, the just or unjust, provided it may not contradict the Law (Shariah) ".

[5] See, al-Nasafi, AlqaEid, p.181, 'The Muslims cannot do without an Imam who is to administer their affairs". The eminent jurist Ibn Hammam (861 A.H.) states that if because of the non-Muslims' prevalence there is no Muslim ruler (living in that country) it is obligatory for the believers (living in that country) to appoint an Imam under whose administration they fulfil their religious requirement. like Friday service and celebration of Eids (See Ibn Abidin, op cit, v.4. p.42).

[6] See, ibid, v.1 p.754, "If (the majority of) the Muslims agree on a Muslim to administer their religious affairs he shall have to be accepted as Obiter (Qadi)". For further evidence, see, ibid, v.4. p.427, "It is allowed to administer the Friday service and the celebration of Eid in such countries and on the basis of the believers' agreement the Qadi shall have the authoritative command".

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