khalid chraibi best of shariah, economics, science, human rights scribd english 10 sept 2009

8/14/2019 Khalid Chraibi Best of Shariah, Economics, Science, Human Rights Scribd English 10 Sept 2009

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Khalid Chraibi

Best of articles in English

2006 2009

followed by (suivi de)

Best of des articles en franais

A jour au (up to date as of)

01 September 2009


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Table of contents

Articles in English

Religion

Pope and people must understand truth of Qur'anic teachings on Jihad and religious freedomExtremists cannot claim Koranic justification for violence despite proud boasts of jihadis

Economics

Mixed message on riba leaves Muslims trapped between usurers and lenders

Sciences

It is time for the Islamic world to replace lunar uncertainty with scientific factsIssues in the Islamic calendarCan the umm al Qura calendar serve as a global Islamic calendar ?

Women's rights in Islam

Women cite Qur'anic rights as Muslim modernists use law to confront culture of oppressionSaudi judge ignores Qur'anic rights in harsh decision over the Girl of Qatif Reforming Islamic family law within the religious framework : the best practices strategyMisyar marriage


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Table des matires

Ecrits en franais

LittratureLe roi Christophe de Haiti : On nous vola nos noms Une interview exclusive d'Aim Csaire : Difficile d'tre un homme libre

Economie

Le dfi de la qualitLes secrets des entreprises comptitivesPlan Emergence et dveloppement industrielMise niveau : les raisons d'un checIl n'est de richesse que d'hommesRforme fiscale, privatisations et dveloppementBtisseurs d'empireParadoxesLa charia, le riba et la banqueLe groupe Cosumar : locomotive de la filire sucrireLa politique des champions nationauxIntrts publics et intrts privsLa mise niveau des entreprises est mal partie

M. Jettou s'attaque au chmageMI.

Sciences

1er muharram : calendrier lunaire ou islamique ?La problmatique du calendrier islamiqueLe calendrier musulman en 10 questionsLa problmatique du calendrier islamique (version de deux articles refondus)

Droits de la femme en Islam


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Charia, droits des femmes et lois des hommesLa charia et les droits de la femme au 21 sicleDroits de la femme en Islam : la stratgie des meilleures pratiques Le mariage misyar : entre parodie et libertinage

Le cheikh d'al-Azhar et le mufti d'Egypte : des lectures diffrentes de la chariaIslam, lacit et droits humains

Italian translations

Gli estremisti non possono cercare giustificazioni nel Corano

Shari'ah, Riba (Interessi) e Banca


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Religion


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Khalid Chraibi - SaudiDebate.com

Muslim society issues - Islamic law

Pope and people must understand truth of

Quranic teachings on jihad and religiousfreedom

Thursday, 07 June 2007

By Khalid Chraibi

In his Regensburg lecture of September 12, 2006 Pope Benedict XVI argued that Islam,contrary to Christianity, had resorted to violence and coercion to spread its faith (1). Quotinga long-forgotten 14th century Byzantine emperor in support of his argument, the Popecommented: "The emperor must have known that surah 2 : 256 reads: "There is nocompulsion in religion". It is one of the surahs of the early period, when Muhammad was still

powerless and under threat. But naturally the emperor also knew the instructions, developedlater and recorded in the Qur'an, concerning holy war."

The Pope then quoted the emperor as saying: "Show me just what Muhammad brought thatwas new, and there you will find things only evil and inhuman, such as his command to

spread by the sword the faith he preached".
http://www.saudidebate.com/


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The Pope's derogatory remarks offended the Muslim community worldwide. Many mediaanalysts saw in it the clear imprint of the Vatican's campaign to disparage Islam, in order tocounter its progress in developing countries.

The ulamas criticized the Pope for misrepresenting the facts concerning the Qur'anic verses he

quoted, and for being clearly prejudiced in his discussion of Islamic thought and history.

They reminded him that the principle of religious freedom was enunciated in numerousQur'anic verses, none of which was ever abrogated. Moreover, the Qur'an only prescribedJihad to the Muslims as a defensive war to protect themselves and their faith when underattack.

The incident provided an opportunity for Muslims and non-Muslims alike to acquaintthemselves with the Qur'an's real stand on the issue of religious freedom.

The Qur'an proclaims the principle of religious freedom not in one, but in a multiplicity of

verses, interspersed in many surahs, usually in the context of the discussion of theMessenger's mission. The description of the latter sets out its scope, limits and contents, withindications as to how it is to be carried out, and how the Messenger is to deal with a variety ofissues, including his nearest kinsmen, the People of the Book, the polytheists, etc. (2)

According to this description, the Messenger's main function is to convey the Lord's Message,to expound openly what he has been commanded and to give a clear warning to the people.He is "to invite all to the Way of the Lord with wisdom and beautiful preaching; and arguewith them in ways that are best and most gracious."

But, he is not set over people to arrange their affairs, and is not to overawe them by force. Hecan admonish them but, if they disobey him, he is to leave them alone, to their own choice."Let him who will, believe, and let him who will, reject (it)." Or again: "Everyone actsaccording to his own disposition." "Those who receive Guidance, do so for the good of theirown souls; those who stray, do so to their own loss."

This point is so important in the Qur'anic message that it is reiterated on several occasions,using different wordings: "If people accept guidance, they do it for the good of their ownsouls, and if any stray, the Messenger is only a Warner."

"If any will see, it will be for [the good of] his own soul; if any will be blind, it will be to his

own [harm]: the Messenger is not [here] to watch over their doings." Thus, if he discusses theLord's Message with People of the Book and they dispute with him, the Messenger is to say tothem: "Allah is our Lord and your Lord: for us [is the responsibility for] our deeds, and foryou for your deeds, there is no contention between us and you."

Similarly, "If people argue with him, dispute with him, charge him with falsehood, he is tosay: My work to me, and yours to you! Ye are free from responsibility for what I do and I forwhat ye do!'" In such situations, the Messenger is "to turn away from them, have patiencewith what they say, and leave them with noble [dignity]."

The Messenger is repeatedly reminded that: "If it were Allah's Will, He could gather people

together unto true guidance."


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"If it had been Allah's Plan, they would not have taken false gods: but the Lord did not sendthe Messenger to watch over their doings, nor is he set over them to dispose of their affairs."

The reason for the existence of religious freedom is explained in the following way: "IfAllah had so willed, He would have made mankind a single People, but [His plan is] to test

them in what He hath given them; so they must strive as in a race in all virtues."

On one occasion, the Messenger is admonished in the following terms: "If it had been theLord's Will, they would all have believed, all who are on earth! Wilt thou then compelmankind, against their will, to believe!" The most-often quoted verse reads: "Let there be nocompulsion in religion. Truth stands out clear from error [...]."

Contrary to the Pope's assertion, this verse was not revealed in Makkah, in "the early period,when Muhammad was still powerless and under threat," but in a later period, in al-Madinah,when the Messenger was in a situation of relative power and security.

The occasion is narrated in all tafsirtextbooks: in pre-Islamic times, some women gave theirchild to a Jewish family to raise, often in the Jewish faith, in the belief that this would givehim a better chance to survive. When the parents of such children converted to Islam, thechildren were reluctant to follow suit, so the Messenger was asked by the parents whetherthey could coerce their children into changing their faith. The verse quoted by the Popeforbade the parents to exercise any such coercion, stating: "Let there be no compulsion inreligion."

The Messenger is repeatedly reminded that, no matter what happens, it is not his role topunish anyone who rejects the Lord's Message:"...thy duty is to make (the Message) reachthem: it is Our part to call them to account." "It is not for the Messenger, but for the Lord to

make the decision whether to turn in Mercy to the unbelievers or to punish them. It will be forthe Lord to call them to account."

The Messenger is to "leave them alone until they encounter that Day of theirs, wherein theyshall [perforce] swoon [with terror]."

Although the principle of religious freedom is thus perfectly established in the Qur'an, andwas never abrogated, the Muslim communities have at times had difficulties in applying it, forall kinds of reasons.

As an illustration, Islamic jurists diverge to this day on how to deal with the issue of apostasy.Some consider that the Qur'anic principle of religious freedom covers the cases of apostasy,

but most ulamas dispute that view, basing themselves on the Sunnah. Nevertheless, it remainsas a fact that the Qur'an, while denouncing the people who commit apostasy, does not

prescribe any sanction to be applied to them by any other person, as is clear from thefollowing verses: "Those who believe, then reject Faith, then believe [again] and [again]reject Faith, and go on increasing in unbelief, Allah will not forgive them nor guide them onthe way." "Anyone who, after accepting Faith in Allah, utters Unbelief, - except undercompulsion, his heart remaining firm in Faith - but such as open their breast to Unbelief, onthem is Wrath from Allah, and theirs will be a dreadful Penalty."

As to Jihad, the consensus of the ulamas today is that the Qur'an prescribes it to the Muslimsonly to defend themselves and their faith, when under attack. This appears explicitly in the


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following verses, which were the first revealed on the subject of Jihad: "To those againstwhom war is made, permission is given [to fight], because they are wronged; and verily,Allah is Most Powerful for their aid; [They are] those who have been expelled from theirhomes in defiance of right, [for no cause] except that they say, "Our Lord is Allah." Did notAllah check one set of people by means of another, there would surely have been pulled down

monasteries, churches, synagogues, and mosques, in which the name of Allah iscommemorated in abundant measure. Allah will certainly aid those who aid His [cause]; forverily Allah is Full of Strength, Exalted in Might, [able to enforce His Will]."

The Qur'an never prescribes Jihad as an offensive war, to extend Islamic rule to foreign landsand to convert their people "by the sword". Those who defend these views merely interpretQur'anic verses in a manner which suits their own purposes. They are merely attributing toIslam their own views on the subject.

Based on the numerous rebuttals of the Pope's assertions that were published by the ulamas inthe media worldwide, one can draw the following conclusions:

The Qur'an proclaims the principle of religious freedom, explicitly and unequivocally,throughout dozens of different verses interspersed in a variety of surahs. It prescribes the useof dialogue and persuasion to transmit the Muslim message, and forbids the use of any formof coercion towards anyone to this end. This principle was upheld throughout the life of theMessenger and was applied to all, including the Muslim's own children raised in the Jewishfaith. As to Jihad, the Qur'an prescribes it to the Muslims only to defend themselves and theirfaith, when under attack.

Notes:(1) Pope's speech at University of Regensburg http://www.cwnews.com/news/viewstory.cfm?recnum=46474(2) All Qur'anic quotations are from the Qur'an's English translation at www.al-islam.com(Kingdom of Saudi Arabia, Ministry of Islamic Affairs site) : http://quran.al-islam.com/Targama/DispTargam.asp?nType=1&nSeg=0&l=eng&nSora=1&nAya=1&t=eng


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Extremists cannot claim Koranic

justification for violence despite proudboasts of jihadis

Saturday, 28 July 2007

By Khalid Chraibi

Watching TV news programmes these days, one gets the impression that the whole MiddleEast is in turmoil, with terrible acts of violence taking place routinely in a multiplicity ofsettings. The distress is at its peak in Iraq where, every single day, trucks and cars laden withexplosives are rammed into crowded places, such as a central market or a mosque at the timeof the midday prayer, and detonated, killing dozens of civilians and wounding hundreds of

people.

This wave of violence is only marginally directed at foreign troops of occupation. Theoverwhelming majority of the victims are civilians who are not even individually targeted, butsimply belong to a group that their adversaries have decided to attack, such as the employees


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of some administration, or the members of a religious group (Sunni or Shi'a). Many of thevictims are accounted for merely as "collateral damage", i.e. people who happened to bestanding within the range of an explosive device, at the time of explosion.

The authors of these acts of violence proudly describe themselves as "jihadists", "salafi", etc.

to underline their Islamic affiliations. Based on this, Western governments and media lump allthese acts together under the generic label of "terrorism", attributing them to a resurgence ofreligious extremism in the Muslim world. They either present them as symbols of an ongoing"clash of civilizations" between Islamic countries and the West, or point at them as anindication of the struggle between conservatism and modernity in Muslim societies.

Nevertheless, most Muslims find it hard to reconcile these acts of violence with the

teachings of their religion. But, the political/religious leaders who mastermind such actionshave developed their own "fatwas" about them, which they use to convince would-be suicide-

bombers of the righteousness of their acts of violence.

They justified their actions as follows, in a recent interview published by a major Americannewspaper: "In the typical car bombing, God will identify those who deserve to die - forexample, anyone helping the enemy - and send them to hell. The other victims will go to

paradise. The innocent who is hurt, he won't suffer. He becomes a martyr himself'." (1)

Nor, do they feel any distress about the random killing of children in such operations, because"Children receive special consideration in death. They are not held accountable for any sinsuntil puberty, and if they are killed in a jihad operation they will go straight to heaven. There,they will instantly age to their late 20s, and enjoy the same access to virgins and other benefitsas martyrs receive." (1)

Many Saudi youth have been associated, in recent years, with this type of violence, in suchdiverse settings as Palestine, Afghanistan, Iraq, Lebanon, Yemen, North Africa, etc. TheSaudi authorities are worried about this situation, and try to develop new guidelines to

provide the youth with the appropriate religious guidance, including within the environmentof summer camps this summer, to enable them to distinguish between true Islamic teachingsand "deviant ideology".

Thus, at a meeting with more than 600 imams and khateebs in late June 2007, Saudi InteriorMinister Prince Naif expressed his concern about Saudi youth involvement in acts of violencein Iraq and Lebanon. He was quoted by the Saudi Press Agency as asking the imams, and

beyond them Saudi society more generally: "Do you know that your children who go to Iraqare used only for blowing themselves up, causing the deaths of innocents? Are you happy foryour children to become instruments of murder?" He's reported to have added: "Do you want

people in your society who call you, your state and your leaders infidels?"

The Prince emphasized the positive role that imams and khateebs could play in the country'sfight against terrorism, "deviant ideology" and destructive thoughts and ideas, by regularlyusing the Friday sermon in over 14 000 mosques to expose the "deviants" and their ideology.

In theory, the task of the imams and khateebs is quite straightforward and simple.

They have to explain to Saudi youth that Islam is based on the respect of life and property,freedom, equality, solidarity and justice for all. It is the religion of "ummat al wassatt" (the


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community of the Just, or of the Middle position) as explained in the following verse: "Thushave We made of you an Ummat justly balanced, that ye might be witnesses over the nations,and the Messenger a witness over yourselves;..." (Al-Baqarah II:143)

Islam opposes extremism in religion, as explained in the verse: "Say: O People of the Book!

exceed not in your religion the bounds (of what is proper), trespassing beyond the truth, norfollow the vain desires of people who went wrong in times gone by, who misled many, andstrayed (themselves) from the even Way." (Al-Maidah, V:77)

The Prophet also warned repeatedly and strongly against extremism in religion, emphasizingthat it was the cause of the disasters which befell earlier nations.

Thus, Islam abhors the indiscriminate killing of civilians and non-combatants. The high valuethat Islam places on human life is clearly expressed in a multiplicity of Kor'anic verses suchas: "...take not life, which Allah hath made sacred, except by way of justice and law: thus dothHe command you, that ye may learn wisdom." (Al-An'am, VI:151)

Or: "if anyone slew a person - unless it be for murder or for spreading mischief in the land - itwould be as if he slew the whole people: and if any one saved a life, it would be as if he savedthe life of the whole people." (Al-Maidah V:32)

The principle of sacredness of human life is also emphasized in the "Universal IslamicDeclaration of Human Rights" of 19 September 1981 (21 Dhul Qaidah 1401) which states:"Human life is sacred and inviolable and every effort shall be made to protect it. In particularno one shall be exposed to injury or death, except under the authority of the Law."

Islam also established very strict rules on how to deal with cases of murder. Capital

punishment can be applied by a court of law, which respects due process. But, no individual isallowed to take the law into his own hands, to decide at his personal whim who is to live andwho is to die, etc. Such a situation, if it were to take place, would be comparable to a state of"fitna", which is strongly denounced by Islam. The Muslim community is organized to handleand resolve all the conflicts between its members through peaceful means, or using thealternative means which the shari'ah has established.

The imams are also to remind the youth that, even in a situation of warfare, Islam hasestablished very strict rules, which all parties to the conflict have to respect. These rules wereobserved during the life of the Prophet, with the objective of ensuring that damages werelimited to what was necessary, without unnecessary destruction of life (women, civilians, old

people, non-fighters) and property (trees, orchards, wells, cattle, etc.).

The Caliph Abu Bakr reminded his troops of these rules, on the eve of their departure forbattle, as follows:

"Stop, O people, that I may give you ten rules for your guidance in the battlefield. Do notcommit treachery or deviate from the right path. You must not mutilate dead bodies. Neitherkill a child, nor a woman, nor an aged man. Bring no harm to the trees, nor burn them withfire, especially those which are fruitful. Slay not any of the enemy's flock, save for your food.You are likely to pass by people who have devoted their lives to monastic services; leave

them alone."


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It is clear from the preceding statements that Islam is definitely opposed to the

indiscriminate killing of people, no matter what the circumstances may be.

It also stands against takfeer, which is another aspect of extremism. Clearly, one cannot sayon a whim that other Muslim people are "kouffar" (infidels) who can therefore be killed

without any misgivings. This would be the most extreme case of "fitna". Resort to violence,even at the State level, is the exception and not the rule. It must take place within strict rules:no abuse of power, no excess, respect of non-combatants (civilians, women, children,elderly...), respect of private property, which must not be destroyed except in extremesituations... One can't say, in this respect, that he wants to promote the values and principlesof Islam, while he violates himself all its fundamental rules to achieve his own politicalobjectives.

In short, in a modern State, people cannot take the law into their own hands. Individuals can'tdeclare war to foreign States. Nor can they declare war to their own established Government.Otherwise, the community enters into a situation of anarchy, of "fitna".

The confusion between politics, religion and "fitna" is promoted by all the parties concernedin the conflicts raging in the Middle East, because it fits with each participant's agenda.Western Governments and media can point to the violence and explain it by religiousextremism, so that they don't have to delve into the complex political conflicts taking place inPalestine, Iraq, Afghanistan, Iran, etc. The political authorities of a country can explain theviolence as the product of "religious extremism" or of a "deviant" ideology, rather than as arebellion against their authority. The "jihadists" can claim that they are merely trying toachieve the objective of a unified "ummah" set by Islam, rather than the political objectivesthey truly have in mind, such as the conquest of power in a given country.

The people at large may be left bewildered by all these conflicting claims. But, theunquestionable fact is that Islam is the religion of "ummat al wassatt" (the nation of the Just

people, or the people of the Middle position) which abhors all acts of extremism in any aspectof life. In particular, Islam is based on the respect of life and property, freedom, equality,solidarity and justice for all. One can't do away with all the values it stands for, andeverything it teaches, and still assert with any credibility that he's acting on its behalf.

Notes:

(1) Michael Moss and Souad Mekhennet: 'The Guidebook For Taking A Life', The New YorkTimes, Week in Review, June 10, 2007)


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Economics


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Between usury and interest

Modern banking is inextricably linked with interest, which many contemporary Muslimsassociate with riba. Since the Quran prohibits riba, explicitly and unequivocally, they areconvinced that modern banking activities are illicit. But the definition of riba is elusive. For

centuries, the ulema have been faced with the difficult challenge of sorting out, generationafter generation, what the riba prohibition should apply to, and they have not reached anyconsensus on this matter to this day.

Of course, the ulema agree that riba refers, in the first place, to usury, i.e. the lending ofmoney with an exorbitant interest charge for its use. But a majority of ulema consider thatriba also refers, in a second meaning, to interest under all its forms. This was the position ofal-Azhars Research Council when it ruled, in 1965: Interest on all types of loans isforbidden Riba. There is no difference in this regard between so called consumption and

production loans. Moreover, Riba is forbidden (haram) in small as well as large quantities,whether it is effected through time deposits, demand (or checking) deposits, or any interest-

bearing loan contract. All such dealings are among the forbidden Riba.

This was also the position upheld, more recently, by the Islamic Fiqh Academy (IFA), anaffiliate of the Organization of Islamic Conference, which was established by its 43 memberStates to try to develop an Islamic consensus about just such complex fiqh issues. In a 1985resolution, IFA stated: Any increase or interest on a debt which has matured, in return for anextension of the maturity date, in case the borrower is unable to pay ; and the increase (orinterest) on the loan at the inception of its agreement, are both forms of usury, which is

prohibited under Shariah.

Under this definition, conventional banking operations are all illicit, because theyincorporate interest, i.e. a charge for borrowed money, generally a percentage of the amount

borrowed. But, modern financial activities differ in kind from anything that existed at thetime of Revelation. One may wonder, therefore, with Abdullah Yusuf Ali, about thelegitimacy of extending to them the riba prohibition, based on qiyas and ijtihad.Says Ali, best known for his classic translation of the Quran into English: Our Ulema,ancient and modern, have worked out a great body of literature on Usury, based mainly oneconomic conditions as they existed at the rise of Islam. I agree with them on the main

principles, but respectfully differ from them on the definition of Usury My definition wouldinclude profiteering of all kinds, but exclude economic credit, the creature of modern bankingand finance.

Modern banking structures and financial instruments were introduced in Muslim countries atthe time of their occupation by foreign Western powers, in the 19th and 20th Centuries. WhenIslamic jurists saw how these modern banking institutions and their assorted financial toolswere used to develop the national economy, they understood the positive role that interestcould play in modern society. They realized that its total prohibition in economic and financialdealings could conflict with societys economic and social needs and aims, and could hamperthe countrys development.

The voices of al-Azhar

For these reasons, from the 19th Century on, Egyptian Grand Muftis and Sheikhs of al-Azhar,as well as numerous religious leaders in various Muslim countries, have been earnestly


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looking for ways and means to convert the total prohibition of interest into a selective one, inorder to reconcile the prevailing definition of riba with the economic and financialrequirements of modern society.

Muhammad Abduh, the mufti of Egypt and Sheikh of al-Azhar, was a pioneer in this field,

when he wrote a fatwa to the effect that interest paid by the Egyptian Post Office on personalsavings accounts was lawful.

He also explained to the readers of al-Manar that the use of interest could be quite licit insome financial dealings, and have nothing to do with a riba situation. He wrote: When onegives his money to another for investment, and payment of a known profit, this does notconstitute the definitely forbidden Riba, regardless of the pre-specified profit rate This typeof transaction is beneficial both to the investor and the entrepreneur. In contrast, Riba harmsone for no fault other than being in need, and benefits another for no work except greed andhardness of heart. The two types of dealings cannot possibly have the same legal status(hokum).

Another Sheikh of al-Azhar, Mahmud Shaltut, wrote a fatwa in which he declared that interestpaid on State bonds was licit, when issued by the State to meet public needs, and to further thecountrys economic development. He even asserted that any transaction which was offered bythe State, with a fixed interest in advance, was licit, since there was no exploitation of either

party in such cases.

Muhammad Sayyed Tantawi, the present Sheikh of al-Azhar, though a traditional, orthodoxscholar, worked for decades along the same lines as his predecessors, to try to disentangleinterest from riba. As Grand Mufti of Egypt (1986-96), he ruled that fixed interests on bankdeposits were halal, even suggesting that the legal terminology used for bank interest and

bank accounts be changed, to avoid their assimilation to riba.

Furthermore, in 2002, the ulema of Al-Azhar, working under Tantawis direction, revised the1965 stand of the institution on riba. They approved a fatwa which stated that investingfunds with banks that pre-specify profits or returns is permissible, and there is no harmtherein. For Tantawi: the bank investing the money for a pre-specified profit becomes ahired worker for the investors, who thus accept the amount the bank gives them as their

profits, and all the excess profits (whatever they may be) are thus deemed the banks wages.Therefore, this dealing is devoid of riba. He adds : We do not find any Canonical Text, orconvincing analogy, that forbids pre-specification of profits, as long as there is mutual

consent.

Bankers and shariah

One could quote many other efforts by distinguished Muslim jurists, aiming at separatinginterest from riba. For instance, Abd al Munim Al Nimr, a former Minister of Awqaf inEgypt, explained in a 1989 article that the prohibition of riba was essentially justified by theharm caused to the debtor. Therefore, since there was no harm caused to depositors in banks,the prohibition of riba did not apply to bank deposits.

Explains Nasr Farid Wasil, Tantawis successor as Grand Mufti of Egypt: So long as banks

invest the money in permissible venues (halal), then the transaction is permissible (halal)...The issue is an investment from money. Otherwise, it is forbidden (haram)... He adds: There


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is no such thing as an Islamic or non Islamic bank. So let us stop this controversy about bankinterest.

The banking debate revolves, therefore, essentially, around the definition of riba. Aconservative definition of riba equates it with banking interest. On that basis, modern banking

systems in Muslim countries are described as illicit, because they use interest in theiroperations.

But, according to a number of Grand Muftis of Egypt, and Sheikhs of Al-Azhar, this is anoutdated view of the banking issue. In their opinion, riba should be equated with usury only.Since modern banking does not use usury in its operations, it is not concerned with the ribaissue, and raises no problem of compliance with the shariah.

Explains Moroccan law professor Ahmed Khamlichi, in this respect: The ulema dont havethe monopoly of interpretation of the shariah. Of course, they must rank high in consultationson shariah issues. [But] they dont make the religious law, in the same way that its not the

law professors who make the law, but the parliaments.

Sovereign States have promulgated their own national codes, whose contents take intoaccount the specifics of the country, which may differ considerably from one country toanother, and over time. One shouldnt be surprised, therefore, to discover that whats licit inone country may be considered as illicit in another, and that the items in these categories mayalso change over time. The important thing to remember is that, in each country, it is the lawof the land which applies, as defined by its national institutions. Thats whats licit in that

particular country, at that particular time.


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Science


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It is time for the Islamic world to replace

lunar uncertainty with scientific facts

Wednesday, 05 September 2007

By Khalid Chraibi

Muslim people regularly get puzzled at the inability of the Islamic calendar to predictprecisely, well in advance, the day on which major Islamic events are to take place, such as

the first day of ramadan, or eid al-fitr, or eid al-adha, or the first day of the new Islamic year.They may even get annoyed because they cannot arrange in advance such ordinary things astaking a few days off from work on such occasions, making hotel bookings or flightreservations, or avoiding to make business or travel commitments on such dates.

The Islamic calendar's shortcomings are indeed severe, since the data it shows each monthdiffers from one Muslim country to another, and the information it provides does not extend

beyond the current month. For instance, the first day of ramadan 1427 corresponded toSaturday, September 23, 2006 in 20 countries ; Sunday, September 24 in 46 countries ; andMonday, September 25 in 5 countries. (1) This situation is in no way unusual, but can beobserved every month.


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Nowadays, the Muslims use the Gregorian calendar to meet all their needs, and only careabout Islamic dates on momentous Islamic occasions. However, the Islamic calendar only lostits usefulness when Muslim theologians disconnected it from its astronomical, conceptual andmethodological moorings, early in the 7th century. It could fulfill all the basic functions of acalendar, and meet all the needs of modern man, within the Muslim community, on a

worldwide basis, if it were prepared using the applicable scientific concepts, methods andparameters developed in astronomy.

Cadi Ahmad Shakir, President of the Egyptian Supreme Court of the Shari'ah, explained in afamous 1939 study that there was absolutely no obstacle, on the theological level, to theestablishment of such an Islamic calendar, using astronomical calculations. (2)

In 2004, renowned jurist Yusuf al-Qaradawi announced his full support for Shakir's analysisand conclusions. (3) For its part, the Fiqh Council of North America (FCNA), actingindependently, presented in 2006 an ingenious, well thought-out methodology which permitsthe adoption of a pre-calculated calendar, while meeting all the requirements of the Shari'ah

(4).

The lunar calendar is based on a year of 12 months adding up to 354.37 days. Each lunarmonth begins at the time of the monthly "conjunction", when the Moon is located on astraight line between the Earth and the Sun. The month is defined as the average duration of arotation of the Moon around the Earth (29.53 days). The astronomers formulated theconvention, over two thousands years ago, that months of 30 days and 29 days would succeedeach other, adding up over two successive months to 59 full days. This left only a smallmonthly variation of 44 minutes to account for, which added up to a total of 24 hours (i.e. theequivalent of one full day) in 2.73 years. To settle accounts, it was sufficient to add one dayevery three years to the lunar calendar, in the same way that one adds one day to theGregorian calendar, every four years.

The Islamic calendar, however, is based on a different set of conventions. When theMessenger was asked for a method to determine the beginning of the month of fasting, herecommended to the faithful to begin fasting with the observation of the new moon (on theevening of the 29th day of sha'aban) and to end fasting with the new moon (of the month ofshawal). "If the crescent is not visible (because of the clouds), count to 30 days".

Thereafter, each Islamic State proceeded with its own monthly observation of the new moon(or, failing that, awaited the completion of 30 days) before declaring the beginning of a new

month on its territory, instead of using a pre-calculated calendar, as computed by professionalastronomers.

But, the lunar crescent becomes really visible only some 18 hours after the conjunction, andonly subject to the existence of a number of favourable conditions relative to weather, time,geographic location, as well as various astronomical parameters... According to the monthsand seasons, the favourable conditions of observation of the new moon will be met indifferent sites on Earth.

The Koran prohibits nowhere the use of astronomical calculations for the establishment

of a pre-calculated calendar. The procedure is therefore perfectly and undisputably licit.Numerous theologians in the early years of Islam saw no contradiction between the


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Messenger's teachings and the use of astronomical calculations to determine the beginnings oflunar months. (5) The dynasty of Fatimids in Egypt used a pre-calculated calendar over a

period of two centuries, between the 10th and 12th centuries, before a change of politicalregime reactivated the procedure of observation of the new moon.

But the majority of Muslim theologians insist nowadays that, no matter what, one can't goagainst the Messenger's teachings. They interpret his recommendation concerning theobservation of ramadan's new moon as if it were part of the fundamental Islamic dogma. Itwould be utterly wrong, in their view, to use a calendar based on the conjunction, because onewould start fasting, end fasting, and celebrate all other important Islamic events about twodays earlier than would be the case, if the procedure of observation of the new moon wereapplied.

However, many Islamic thinkers insist that the Messenger's recommendation to the faithfulwas merely adapted to the culture of the times. It should not be confused with the acts ofworship. (6)

The Saudi authorities must share this view, somehow, since the country gave up in 1999 theprocedure of observation of the new moon, to substitute to it a procedure based on thecalculation of the schedules of sunset and moonset at the coordinates of Mecca, on theevening of the 29th day of each month. If the sun sets before the moon, this signals the

beginning of the new month. In the opposite case, the month-in-progress lasts 30 days. Thisprocedure has little to do with the observation of the new moon. (7)

One should also note that, during long periods of Islamic history, the hadith under discussionwas not interpreted to mean the visual observation of a new moon, but only the acquisition ofinformation, according to credible sources, that the month had begun. This opens entirelydifferent vistas in the discussion of this question. (6)

As for the hadith of the Prophet according to which the Bedouins can neither read nor count,and must thus avoid using (astronomical) calculations, Ibn Taymiya observes that theargument may have been justified at the beginning of the 7th century, but he questionswhether it could still apply to Muslims centuries later, after they had been at the vanguard ofdevelopment of scientific knowledge, including in the field of astronomy.

Sheikh Abdul Muhsen Al-Obaikan, a Councilor in the Ministry of Justice of Saudi Arabia, isclearly favourable to the use of modern technology to determine the beginning of months. He

says : Using the naked eye to determine the beginning and end of Ramadan is primitive inan age of modern science and technology. There is no other way to put it. It's purebackwardness." (8)

Egyptian cadi Ahmad Muhammad Shakir (who was to become President of the EgyptianSupreme Court of the Shariah at the end of his career, and who remains to this day an authorof reference in the field of hadith) (9), wrote a lengthy legal opinion in 1939 on the subject ofthe Islamic calendar, entitled : "The beginning of arab months... is it legal to determine itusing astronomical calculations?". (2)

According to him, the Messenger took into account the fact that the Muslim community of his

time was illiterate, not knowing how to write nor how to count . So, he recommended to itsmembers to observe the new moon to carry out their religious duties at the time of fasting and


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hajj. But the community evolved considerably over time, and some of its members evenbecame experts in astronomy.

According to the principle of Muslim law which states that a rule is no longer applicable,when the factor which justified its existence has disappeared , the Messenger's

recommendation didn't apply anymore to the Muslims, after they had learned to read andcount and had ceased being illiterate.

Therefore, according to Shakir, contemporary ulamas commit an error of interpretation whenthey give to the Messenger's hadith the same interpretation that applied at the time ofRevelation, as if the hadith prescribed immutable rules. But, it has stopped being applicable tothe Muslim community long ago, based on the principles of the shari'ah themselves.

Furthermore, Shakir refers to the principle of Muslim law according to which what isrelative cannot refute what is absolute, nor can it be preferred to it, according to the consensusof the ulamas. The observation of the new moon with the naked eye is relative, and can be

the subject of error, whereas the knowledge of the beginning of lunar months, based onastronomical calculations, is absolute, and belongs to the domain of certainty.

Shakir reaches the conclusion that there is nothing in the shari'ah which opposes the use ofcalculations to determine the beginning of all lunar months, in all circumstances, and not onlyin special situations, as had been recommended by some ulamas.

For him, there can exist only one lunar month applicable in all countries of the world, basedon astronomical calculations. The use of the same pre-calculated calendar in all Muslimcountries will give them an opportunity to celebrate all major Islamic events on the same day,throughout the world, thereby increasing their feeling of solidarity and unity.

In the 68 years since their publication, Shakir's conclusions have not been refuted by anyMuslim jurist. As a man of law, and as an expert on hadith, he continues to be highlyconsidered by his peers, long after his death. (9) Thus, Yusuf al-Qaradawi, the well-knowntheologian and jurist, has lavishly praised Shakir in a 2004 article entitled : "Astronomicalcalculations and determination of the beginning of months" in which he expressed his fullsupport to cadi Shakir's conclusions. (3)

The Fiqh Council of North America (FCNA) was also regularly confronted with theresponsibility of telling its Muslim American audience when to start fasting, when to

celebrate eid al-fitr , etc. After several years of study of the legal issues involved, itreached a decision, which it announced in August 2006, to use henceforth a pre-calculatedIslamic calendar, taking into consideration the sightability of the new moon anywhere onEarth. (4)

The decision of the Fiqh Council of North America (FCNA) combines the theologicalrequirements of the ulamas with the state of the art in the field of new moon observation.

First, it retains the well-known principle of unicity of horizons (matali'e) which states that it issufficient to observe the new moon anywhere on Earth, in order to declare the beginning of anew lunar month, applicable in all areas in which the information is received. (10) Second, it

uses the International date line (IDL) or Greenwich Mean Time (GMT) as its conventionalpoint of reference to conduct its analysis.


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Based on the maps of sightability of the new moon in the various regions of Earth, which arenow regularly prepared by professional astronomers, (11) the FCNA reached the conclusionthat when the conjunction took place before 12:00 noon (GMT), there was enough time leftfor the new moon to be seen in numerous areas on Earth where sunset took place long beforesunset in North America. Since the criteria of sightability of the new moon were met in these

areas, the new moon would be observed (or could have been observed if weather conditionshad been adequate) long before sunset in North America.

Therefore, the requirements of sightability of the new moon as set by the shari'ah would berespected, and the new lunar month could begin in North America on sunset of the same day.On the other hand, if the conjunction took place after 12:00 noon GMT, the month would

begin in North America on sunset of the following day.

The Islamic calendar can adequately fulfill all the functions of a calendar, and meet allthe needs of the Muslim community throughout the world, if it is set up using the concepts,methods and parameters developed by professional astronomers. But it can fulfill none of

these functions if it is based on the monthly observation of the new moon with the naked eye,carried out separately in each independent country.

The majority of ulamas base themselves on tradition to state that one should respect therecommendation of the Messenger to observe the new moon in order to start fasting. But,according to Cadi Shakir, from a purely legal point of view, this view isn't defensibleanymore. In his 1939 legal opinion, he concludes that there is no theological objection to theestablishment of a pre-calculated Islamic calendar, based on astronomical calculations.Professor Al-Qaradawi now concurs with this conclusion (2004).

For its part, the Fiqh Council of North America, conscious of the intricacies of the issuesinvolved, developed in 2006 a solution which elegantly meets the requirements of theshari'ah, while making use of the state-of-the art know how in the field of astronomy torespond to the needs of the modern age. This solution is applicable in all Muslim countries,and gives them a chance to adopt the same pre-calculated Islamic calendar (prepared on anannual basis, long in advance), in order to fulfill all the religious duties as well as to manageall other tasks.

The rulers, political leaders and religious authorities in each Muslim country now have theclear choice between adopting either the conclusions of Cadi Shakir, or the solutiondeveloped by the Fiqh Council of North America, or perpetuating the status quo. According to

a report entitled Break through for Global Islamic Calendar published on Moonsighting.com in late December 2006, some countries were trying to develop acommon stand on this issue in the autumn 2006:

In November 2006, there was an International Conference in Morocco about adopting aGlobal Islamic Calendar. Astronomers from Saudi Arabia, Egypt, Jordan, UAE, Iran, Ginnea,Libya, Morocco, and USA participated. Overwhelming majority including Saudi, Egypt, andIrani astronomers agreed with the calendar (adopted by Fiqh Council of North America), thatcan be used as a Global Islamic Calendar. Morocco is willing to adopt it immediately. Furtherdevelopment on this issue will follow as time progresses. (12)


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Footnotes

(1) http://www.moonsighting.com/1427rmd.html

(2) Ahmad Shakir : The beginning of arab months ... is it legal to determine it using astronomical calculations?. (published in arabic in 1939) reproduced in the arab daily al-madina , 13 october 2006 (n 15878) :http://ahmadmuhammadshakir.blogspot.com/

(3) Yusuf al-Qaradawi : Astronomical calculations and determination of the beginning of months (in arabic) :http://www.islamonline.net/Arabic/contemporary/2004/10/article01b.shtml

(4) Fiqh Council of North America:http://www.moonsighting.com/calendar.html

(5) Abderrahman al-Haj : The faqih, the politician and the determination of lunar months (in arabic) :http://www.islamonline.net/Arabic/contemporary/2003/10/article03.shtml

(6) Allal el Fassi : Aljawab assahih wannass-hi al-khaliss an nazilati fas wama yata'allaqo bimabda-iacchouhouri al-islamiyati al-arabiyah , report prepared at the request of King Hassan II of Morocco, Rabat,1965 (36 p.), with no indication of editor

(7) The Umm-al-Qura calendar of Saudi Arabiahttp://www.phys.uu.nl/~vgent/islam/ummalqura.htm

(8) Anver Saad, The Untold Story of Ramadhan Moon Sighting Daily muslims, October 07, 2005 :http://www.muslimsweekly.com/index.php?option=com_content&task=view&id=804&Itemid=63

(9) Ahmad Muhammad Shakir (biographical notice in arabic) :http://www.islamonline.net/Arabic/history/1422/09/article17.shtml

(10) Abi alfayd Ahmad al-Ghomari : Tawjih alandhar litaw-hidi almouslimin fi assawmi wal iftar, 160p, 1960,Dar al bayareq, Beyrouth, 2nd ed. 1999

(11) http://www.moonsighting.com/

(12) http://www.moonsighting.com/1427zhj.html
http://www.moonsighting.com/1427rmd.htmlhttp://www.moonsighting.com/1427rmd.htmlhttp://ahmadmuhammadshakir.blogspot.com/http://www2.blogger.com/:%20http:/www.islamonline.net/Arabic/contemporary/2004/10/article01b.shtmlhttp://www2.blogger.com/:%20http:/www.islamonline.net/Arabic/contemporary/2004/10/article01b.shtmlhttp://www.moonsighting.com/calendar.htmlhttp://www.moonsighting.com/calendar.htmlhttp://www.islamonline.net/Arabic/contemporary/2003/10/article03.shtmlhttp://www.phys.uu.nl/~vgent/islam/ummalqura.htm%20http://www.phys.uu.nl/~vgent/islam/ummalqura.htm%20http://www.muslimsweekly.com/index.php?option=com_content&task=view&id=804&Itemid=63http://www.islamonline.net/Arabic/history/1422/09/article17.shtmlhttp://www.moonsighting.com/http://www.moonsighting.com/http://www.moonsighting.com/1427zhj.htmlhttp://www.moonsighting.com/1427rmd.htmlhttp://ahmadmuhammadshakir.blogspot.com/http://www2.blogger.com/:%20http:/www.islamonline.net/Arabic/contemporary/2004/10/article01b.shtmlhttp://www2.blogger.com/:%20http:/www.islamonline.net/Arabic/contemporary/2004/10/article01b.shtmlhttp://www.moonsighting.com/calendar.htmlhttp://www.islamonline.net/Arabic/contemporary/2003/10/article03.shtmlhttp://www.phys.uu.nl/~vgent/islam/ummalqura.htm%20http://www.muslimsweekly.com/index.php?option=com_content&task=view&id=804&Itemid=63http://www.islamonline.net/Arabic/history/1422/09/article17.shtmlhttp://www.moonsighting.com/http://www.moonsighting.com/1427zhj.html


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Khalid Chraibi Tabsir.net

tabsir.net

Sat 16 Aug 2008

Issues in the Islamic CalendarPosted by tabsir underIslamic Rituals, Islamic Sciences

Full Moon on lunar eclipse and Venus, dated June 18, 2008 - Photo by MohamadSoltanolkotabi

by Khalid Chraibi

The sun and the moon follow courses (exactly) computed; (Koran, Ar-Rahman, 55 : 5)

It is He Who made the sun to be a shining glory and the moon to be a light (of beauty), and

measured out stages for it; that ye might know the number of years and the count (of time).(Koran, Yunus, 10:5)

The ulamas do not have the monopoly of interpretation of the shariah. Of course, their advicemust be sought in the first place on shariah matters. (But) they do no make religious law, in

the same way that it is not the law professors who make the law, but parliaments. (AhmedKhamlichi, Point de vue n 4)
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Issue # 1: Why do Muslims observe the new moon to determine

the beginning of months?

When the Messenger was asked by his Companions for a method to determine the beginning

of the month of fasting, he told them to begin fasting with the observation of the new moon(on the evening of the 29th day of shaaban) and to end fasting with the new moon (of themonth of shawal). If the crescent is not visible (because of the clouds), count to 30 days. (1)

At that time, the Bedouins didnt know how to write or how to count. They knew nothingabout astronomy. But, they were used to observe the stars, at night, in order to find their wayin the desert, and to observe the birth of the new moon to determine the beginning of months.The Messengers recommendation fitted perfectly with the specifics of their situation.

Issue # 2: Why is the new moon visible, at its birth, in some

regions of the world only?

The new lunar month begins, for astronomers, with the monthly conjunction, when theMoon is located on a straight line between the Earth and the Sun. At that moment, the Moonis invisible. The lunar crescent begins to be visible only some 18 hours after theconjunction, and only subject to the existence of a number of favourable conditions relativeto weather, time, geographic location, as well as various astronomical parameters (number ofhours after conjunction; relative positions of the Sun, the lunar crescent and the observer;altitude of the moon at sunset; site of observation; limits of vision of the human eye). (2)

Each month, the new Moon will be visible, at first, at some specific sites on Earth, before it

can be seen elsewhere.

Issue # 3: Can we identify in advance the most favourable sites for

the observation of each new moon?

Renowned Muslim astronomers, such as Ibn Tariq (8th c.), Al-Khawarizmi (780 ?- 863), Al-Battani (850-929), Al-Bayrouni (973-1048), Tabari (11th c.), Ibn Yunus (11th c.), Nassir al-Din Al-Tousi (1258-1274 ?), etc. devoted much attention to the study of the criteria ofvisibility of the new moon, with the objective of developing efficient techniques offorecasting of the beginning of a new month.

But, its only in recent times that some astronomers and information systems expertssucceeded in developing procedures which make it possible to identify in advance, eachmonth, the areas on Earth in which favourable conditions will exist for the observation of thenew moon. Thus, in 1984, a physicist from Malaysia, Mohamed Ilyas, succeeded in drawingon the Earth map a line of lunar date, at whose west the crescent will be visible on theevening of the new month, whereas it wont be seen, East of this line, until the next evening.(2) Today, detailed maps of the areas of visibility of the new moon are monthly drawn, well inadvance, and published in such sites as Moonsighting.com . (3)


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Issue # 4: Shouldnt the observation of the new moon, wherever it

is carried out, mark the beginning of a new month for all

Muslims?

In theory, when the new moon is observed, this indicates the beginning of a new month for allMuslims in the areas in which the information is received. At the time of Revelation, whencommunications from one region to another were difficult, this rule applied essentially to thegeographic areas which were proximate to the site of observation. But, today, with moderncommunication means, and instant transmission of news throughout the world, the area inwhich the rule could apply is much wider. (4) (5)

However, in order to demonstrate their sovereignty, most Islamic States generally proceedwith their own monthly observation of the new moon (or, failing that, await the completion of30 days) before declaring the beginning of a new month on their territory. Each State hasdefined its own applicable parameters and procedures in this matter, thereby adding to the

complexity of the situation. (6)

Issue # 5: Since the lunar month can only have 29 days or 30 days,

why is there a difference of two days (and sometimes even three

days) in the celebration of the beginning of Ramadan or of eid al-

Fitr in different countries?

Logically speaking, either a State will observe the new moon on the evening of the 29th day,or it will complete a count of 30 days. So, the beginning of a new month should differ by only

24 hours between the countries of the world.

But this is not verified, in practice. Thus, the 1st Ramadan 1428 corresponded to Wednesday12 September 2007 in 2 countries; to Thursday 13 September in 40 countries; and to Friday14 September in 9 countries. (7)

Similarly, the 1st Shawwal 1428, date of celebration of Eid al-Fitr, corresponded to Thursday11 October 2007 in 1 country; to Friday 12 October in 33 countries; to Saturday 13 October in23 countries; and to Sunday 14 October in 3 countries. (8)

Since different Muslim States determine different days for the beginning of the same month,

they also reach the 30th day of the month on different days. Political and geostrategicconsiderations, as well as human errors in the observation of the new moon, also explain somediscrepancies.

The Muslim astronomers who proceeded, in recent years, with in-depth studies of these issuesreached the conclusion that the beginning of months that were announced by Islamic Statesover a period of several decades was often erroneous, for a number of reasons. (2) (9)

Issue # 6: Is the lunar calendar based on calculations a

satisfactory alternative to the observation of the new moon?


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Since the beginning of the 20th century, many Islamic thinkers have questioned the argumentspresented against the use of calculations.

They consider that the Messengers recommendation to the faithful was merely adapted to theculture of the times, and should not be confused with the acts of worship (ibada). In their

opinion, the hadith about observation did not establish an immutable rule of law, no morethan it forbade the use of a calendar based on astronomical calculations. (4) (15)

They note that, over long periods of Islamic history, the hadith under discussion was notinterpreted to mean the visual observation of a new moon, but only the acquisition ofinformation, according to credible sources, that the month had begun. (16) This opens entirelydifferent vistas in the discussion of this question.

They observe that Saudi Arabias Umm al Qura calendar (which is used for administrativepurposes only) has been prepared for years based on the calculation of the schedules of sunsetand moonset at the coordinates of Mecca, on the evening of the 29th day of each month. By

convention, if the conjunction takes place before sunset at the coordinates of Mecca, and ifthe sun sets before the moon, this signals the beginning of a new month. Otherwise, the newmonth will begin on the next evening, after the completion of 30 days. (17) This procedurehas little to do with the observation of the new moon.

They also note that Muslims find it perfectly licit to use the Gregorian calendar to manage alltheir activities, and have been doing so for centuries, without having any misgivings about it.Why should the use of the solar Gregorian calendar, based on astronomical calculations, beconsidered as licit, whereas the use of the lunar Islamic calendar, based on the sameastronomical calculations, would violate Islamic religious prescriptions?

Issue # 9: Is it licit to use a calendar based on calculations?

Egyptian cadi Ahmad Muhammad Shakir (18) is the spokesman and the theoretician of thisschool of thought. He is a distinguished jurist of the first half of the 20th century, who was to

become President of the Egyptian Supreme Court of the Shariah at the end of his career, andwho remains to this day an author of reference in the field of hadith (19). He published, in1939, a detailed legal opinion on the subject of the Islamic calendar, entitled: The beginningof arab months is it licit to determine it using astronomical calculations? (20)

According to him, the Messenger took into account the fact that the Muslim community of his

time was illiterate, not knowing how to write nor how to count. So, he recommended to itsmembers to observe the new moon to carry out their religious duties at the time of fasting andhajj. But the community evolved considerably over time, and some of its members even

became experts in astronomy.

According to the principle of Muslim law which states that a rule is no longer applicable,when the factor which justified its existence has disappeared , the Messengersrecommendation didnt apply anymore to the Muslims, after they had learned to write andcount and had ceased being illiterate.

Therefore, according to Shakir, contemporary ulamas commit an error of interpretation when

they give to the Messengers hadith the same interpretation that applied at the time of


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Revelation, as if the hadith prescribed immutable rules. But, it has stopped being applicable tothe Muslim community long ago, based on the principles of the shariah themselves.

Furthermore, Shakir refers to the principle of Muslim law according to which what isrelative cannot refute what is absolute, nor can it be preferred to it, according to the consensus

of the ulamas. The observation of the new moon with the naked eye is relative, and can bethe subject of error, whereas the knowledge of the beginning of lunar months, based onastronomical calculations, is absolute, and belongs to the domain of certainty.

He observes that numerous distinguished Muslim jurists have taken into account astronomicalcalculations data in reaching their decisions. He concludes that there is nothing in the shariahwhich opposes the use of calculations to determine the beginning of all lunar months, in allcircumstances, and not only in special situations, as had been recommended by some ulamas.

For Shakir, there can exist only one lunar month applicable in all countries of the world,based on astronomical calculations. This precludes the possibility that the beginning of the

month should differ from one country to another. He adds that the use of the same pre-calculated calendar in all Muslim countries will give them an opportunity to celebrate allmajor Islamic events on the same day, throughout the world, thereby increasing their feelingof solidarity and unity as an ummah.

It should be noted that Shakirs reasoning parallels some of Ibn Taymiyyahs (1263-1328)own observations on this subject, developed centuries earlier. In a discussion of the hadith ofthe Messenger according to which the Bedouins can neither write nor count, and must thusavoid using (astronomical) calculations, Ibn Taymiya observes that the argument may have

been justified at the beginning of the 7th century, but he questions whether it could still applyto Muslims centuries later, after they had been at the vanguard of development of scientificknowledge, including in the field of astronomy. (21)

In recent years, Yusuf al-Qaradawi, a distinguished jurist, who is also President of theEuropean Council for Fatwa and Research (ECFR) became another well-knownrepresentative of this line of thinking. In 2004, he published an article entitled: Astronomicalcalculations and determination of the beginning of months (22) in which he expressed hisfull support for the use of calculations in the establishment of the Islamic calendar.Throughout his analysis, he quoted extensively and approvingly the major legal argumentsdeveloped by cadi Shakir in his 1939 study.

The advocates of the use of calculations gained in strength, in the last few years, when the Islamic Society of North America (ISNA), the Fiqh Council of North America (FCNA)and the European Council for Fatwa and Research (ECFR) announced, in 2006 and 2007respectively, their decision to use, from then on, a calendar based on calculations. (23) They

justified their decision using the same type of legal reasoning which was pioneered by Shakirand further developed by al-Qaradawi in their respective studies. (24) (25)

Notes :

(1) Al-Bokhary, Hadiths (3/119)

(2) Karim Meziane et Nidhal Guessoum : La visibilit du croissant lunaire et le ramadan, LaRecherche n 316, janvier 1999, pp. 66-71


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(3) The beginning of Arab months is it licit to determine it usingastronomical calculations? (published in arabic in 1939) reproduced by the daily Al-Madina , October 13, 2006 (n 15878)(21) Ibn Taymiyyah: Fiqh azzakat wa asseyyam, Dar al fikr al arabi, Beyrouth, 1996, p. 133ff. and p. 142 : Ibn Taymiyyah has a good knowledge of the astronomical facts. He rejects theuse of a tabular calendar, in which months alternate between 30 days and 29 days in sequence,with the addition of a day every three years approximately. He explains that this calendar does

not truthfully represent the astronomical facts, because it does not take into account theexistence of series of two or three months of 30 days in a row, and at other times series of two
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or three months of 29 days in a row, as they happen, but only adjusts for them in theframework of a 30 year cycle. (p. 142)(22) Yusuf al-Qaradawi: Astronomical calculations and determination of the beginning ofmonths (in arabic)(23) Fiqh Council of North America:Islamic lunar calendar

(24) Zulfikar Ali Shah: The astronomical calculations: a fiqhi discussion(25) These developments were detailed in an article published by Tabsir.net on July 23, 2008entitled: Khalid Chraibi: Can the Umm al Qura calendar serve as a global Islamic calendar?

References :Helmer Aslaksen: The Islamic calendarMoonsighting.com: Selected articles on the Islamic calendarIslamic Crescents Observation Project (ICOP): Selected articles on the Islamic calendarMohamed Odeh: The actual Saudi dating systemKhalid Chraibi: Can the Umm al Qura calendar serve as a global Islamic calendar?Khalid Chraibi: It is time for the Islamic world to replace lunar uncertainty with scientific

facts (SaudiDebate.com, September 5, 2007)
http://www.islamonline.net/Arabic/contemporary/2004/10/article01b.shtmlhttp://www.islamonline.net/Arabic/contemporary/2004/10/article01b.shtmlhttp://www.islamonline.net/Arabic/contemporary/2004/10/article01b.shtmlhttp://www.fiqhcouncil.org/Default.aspx?tabid=55http://www.fiqhcouncil.org/Default.aspx?tabid=55http://www.icbwayland.org/include/CalculationsFiqhPosition.pdfhttp://tabsir.net/?p=621http://www.math.nus.edu.sg/aslaksen/calendar/islamic.shtmlhttp://www.moonsighting.com/articles.htmlhttp://www.icoproject.org/paper.htmlhttp://www.icoproject.org/sau.htmlhttp://tabsir.net/?p=621http://www.islamonline.net/Arabic/contemporary/2004/10/article01b.shtmlhttp://www.islamonline.net/Arabic/contemporary/2004/10/article01b.shtmlhttp://www.fiqhcouncil.org/Default.aspx?tabid=55http://www.icbwayland.org/include/CalculationsFiqhPosition.pdfhttp://tabsir.net/?p=621http://www.math.nus.edu.sg/aslaksen/calendar/islamic.shtmlhttp://www.moonsighting.com/articles.htmlhttp://www.icoproject.org/paper.htmlhttp://www.icoproject.org/sau.htmlhttp://tabsir.net/?p=621


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Khalid Chraibi Tabsir.net

tabsir.net

Wed 23 Jul 2008

Can the Umm al Qura calendar serve as a global Islamic

calendar?

Posted by tabsir underIslam and Christianity ,Islam in America , Islamic Rituals , IslamicSciences , Saudi Arabia

by Khalid Chraibi

Over the past 50 years, the Arab League, the Organization of the Islamic Conference (OIC)and other similar bodies presented their member States with over a half-dozen proposals

aiming at the establishment of a common Islamic calendar. Although none of these proposalswas adopted, efforts in search of a solution that could be satisfactory to all interested partiescontinue to this day. For its part, theFiqh Council of North America (FCNA) was alsoregularly confronted with the responsibility of telling its Muslim American audience when tostart fasting, when to celebrate eid al-Fitr, eid al-Adha, etc. After several years of studyof the legal issues involved, it reached a decision, which it announced in August 2006, to usehenceforth a pre-calculated Islamic calendar, taking into consideration the sightability of thenew moon anywhere on Earth. (1)

First, it retains the well-known principle of unicity of horizons (matli) which states that it issufficient to observe the new moon anywhere on Earth, in order to declare the beginning of anew lunar month, applicable in all areas in which the information is received. Second, it uses
http://tabsir.net/http://tabsir.net/?p=621http://tabsir.net/?p=621http://tabsir.net/?cat=14http://tabsir.net/?cat=15http://tabsir.net/?cat=15http://tabsir.net/?cat=20http://tabsir.net/?cat=22http://tabsir.net/?cat=22http://tabsir.net/?cat=66http://www.arableagueonline.org/las/index.jsphttp://www.oic-oci.org/oicnew/http://www.fiqhcouncil.org/http://www.fiqhcouncil.org/http://tabsir.net/http://tabsir.net/?p=621http://tabsir.net/?p=621http://tabsir.net/?cat=14http://tabsir.net/?cat=15http://tabsir.net/?cat=20http://tabsir.net/?cat=22http://tabsir.net/?cat=22http://tabsir.net/?cat=66http://www.arableagueonline.org/las/index.jsphttp://www.oic-oci.org/oicnew/http://www.fiqhcouncil.org/


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the International date line (IDL) or Greenwich Mean Time (GMT) as its conventional point ofreference to conduct its analysis.

Based on the maps of sightability of the new moon in the various regions of Earth, which arenow regularly prepared by professional astronomers, (2) FCNA reached the conclusion that

when the conjunction took place before 12:00 noon (GMT), there was enough time left for thenew moon to be seen in numerous areas on Earth where sunset took place long before sunsetin North America. Since the criteria of sightability of the new moon were met in these areas,the new moon would be observed (or could have been observed if weather conditions had

been adequate) long before sunset in North America. Therefore, the requirements ofsightability of the new moon as set by the shariah would be respected, and the new lunarmonth could begin in North America on sunset of the same day. On the other hand, if theconjunction took place after 12:00 noon GMT, the month would begin in North America onsunset of the following day.

The FCNA decision aroused much interest in many Muslim countries, because it elegantly

met the requirements of the traditional interpretation of the shariah, while making use of thestate-of-the art know-how in the field of astronomy to respond to the needs of the modern age.It was thought that this solution could be applicable in other Muslim countries, and could givethem a chance to adopt the same pre-calculated Islamic calendar (prepared on an annual basis,long in advance), in order to fulfill all the religious duties as well as to manage all other tasks.

An international conference was thus held in Morocco, in November 2006, to study the issuesinvolved, with the participation of astronomers from Saudi Arabia, Egypt, Jordan, UAE, Iran,Guinea, Libya, Morocco, and the USA. The overwhelming majority of the participants,including Saudi, Egypt, and Iran astronomers agreed that the calendar adopted by FiqhCouncil of North America could be used as a Global Islamic Calendar. (3) (4)

But FCNA changed position in 2007 to align itself on a new decision by the EuropeanCouncil for Fatwa and Research (ECFR), which used the same parameters as those of theUmm al Qura calendar (5) to determine the beginning of Islamic months. These parametersare as follows : the conjunction must take place before sunset at the coordinates of Meccaand moonset must take place after sunset at the same coordinates. (6) FCNA and ECFR

justify the adoption of the new parameters by their desire to help develop a consensus withinthe Muslim community throughout the world on issues of common interest, among which thatof the calendar.

From a methodological point of view, the substitution of the parameters of Umm al Quracalendar to those initially set by FCNA in its August 2006 decision has the followingconsequences:

The requirement that the conjunction take place before sunset at the coordinates ofMecca instead of 12:00 noon GMT, as previously specified by FCNA, adds 3 hours to thetime period during which the conjunction will be taken into account. This improves thechances that the first day of the new month will immediately follow the day on which theconjunction takes place.

But, the requirement that moonset take place after sunset at the Mecca coordinates sets an

unduly restrictive condition, which didnt exist in FCNA parameters of 2006. It implies thatthe new moon will be potentially sightable at Mecca on the evening of the day of conjunction,


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whereas the FCNA based its reasoning on the fact that the new moon would be potentiallysightable somewhere on Earth.

According to FCNA, the data of the calendar thus obtained differs only marginally from thedata developed using its methodology of August 2006.

Concretely, the decisions of FCNA and ECFR have already had the following results:

The principle of use of a calendar based on calculations is officially sponsored by religiousleaders who are well-known and respected within the Muslim community (7) (8) (9)

This principle is officially adopted by Islamic organizations whose legitimacy andcredibility are unquestionable;

The Muslim communities in Europe and America are willing to use this calendar todetermine the beginning of all months, including those associated with religious events.

The impact of these decisions, worldwide, will of course depend on the attitude of the variousMuslim Governments towards them, since it is the latter which have the last word on suchmatters, each one in its territory. For example Saudi Arabia only uses the Umm al Quracalendar for administrative purposes. (5) It considers that it would be against the shariah touse it for the determination of religious dates, such as the beginning of Ramadan, eids al-Fitrand al-Adha, the dates associated with Hajj, the 1st of Muharram, etc. But, once the use of thecalendar based on calculations becomes part and parcel of the culture of the Muslimcommunity in Europe and America, wont the minds in Saudi Arabia be more open to the useof the Umm al Qura calendar for the determination of all lunar months, including thoseassociated with religious occasions?

The initiatives of CFAN and ECFR may thus help many Muslim States develop, in time, aconsensus about the adoption of a Global Islamic calendar for use by all Muslimcommunities in the world. (10)

Footnotes :(1)Fiqh Council of North America Islamic lunar calendar

(2) http://www.moonsighting.com/(3) Moonsighting.com 1427 Zul Hijja

(4) Morocco meeting November 2006Moonsighting.com

(5) Van Gent:The Umm al-Qura Calendar of Saudi Arabia(6) Islamic Center of Boston,Wayland Moonsighting decision

(7) Yusuf al-Qaradawi : Astronomical calculations and the determination of the beginningof months (in Arabic)

(8) Zulfikar Ali Shah:The astronomical calculations: a fiqhi discussion

(9) Ahmad Shakir : The beginning of arab months is it legal to determine it usingastronomical calculations? (published in Arabic in 1939) reproduced in the Arab daily

Al-Madina , 13 October 2006 (n 15878)(10) This article updates a previous article on the subject entitled : It is time for the Islamic

world to replace lunar uncertainty with scientific facts published by SaudiDebate.com on 5

September 2007 and reproduced athttp://aster77.wordpress.com/category/islamic-

calendarcalendrier-islamique/under the title: Towards a global Islamic calendar.
http://www.fiqhcouncil.org/Default.aspx?tabid=55http://www.moonsighting.com/http://www.moonsighting.com/1427zhj.htmlhttp://www.moonsighting.com/morocco-meeting.htmlhttp://www.moonsighting.com/morocco-meeting.htmlhttp://www.phys.uu.nl/~vgent/islam/ummalqura.htmhttp://www.phys.uu.nl/~vgent/islam/ummalqura.htmhttp://www.icbwayland.org/include/MoonsightingDecisionWeb.pdfhttp://www.icbwayland.org/include/MoonsightingDecisionWeb.pdfhttp://www.islamonline.net/Arabic/contemporary/2004/10/article01b.shtmlhttp://www.islamonline.net/Arabic/contemporary/2004/10/article01b.shtmlhttp://www.islamonline.net/Arabic/contemporary/2004/10/article01b.shtmlhttp://www.icbwayland.org/include/CalculationsFiqhPosition.pdfhttp://www.icbwayland.org/include/CalculationsFiqhPosition.pdfhttp://ahmadmuhammadshakir.blogspot.com/http://ahmadmuhammadshakir.blogspot.com/http://aster77.wordpress.com/category/islamic-calendarcalendrier-islamiquehttp://aster77.wordpress.com/category/islamic-calendarcalendrier-islamiquehttp://aster77.wordpress.com/category/islamic-calendarcalendrier-islamiquehttp://www.fiqhcouncil.org/Default.aspx?tabid=55http://www.moonsighting.com/http://www.moonsighting.com/1427zhj.htmlhttp://www.moonsighting.com/morocco-meeting.htmlhttp://www.phys.uu.nl/~vgent/islam/ummalqura.htmhttp://www.icbwayland.org/include/MoonsightingDecisionWeb.pdfhttp://www.islamonline.net/Arabic/contemporary/2004/10/article01b.shtmlhttp://www.islamonline.net/Arabic/contemporary/2004/10/article01b.shtmlhttp://www.icbwayland.org/include/CalculationsFiqhPosition.pdfhttp://ahmadmuhammadshakir.blogspot.com/http://ahmadmuhammadshakir.blogspot.com/http://aster77.wordpress.com/category/islamic-calendarcalendrier-islamiquehttp://aster77.wordpress.com/category/islamic-calendarcalendrier-islamique


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Women's rights in Islam


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Khalid Chraibi - SaudiDebate.comMuslim society issues - Islamic law

Women cite Quranic rights as Muslim

modernists use law to confront culture of

oppressionMonday, 02 April 2007

By Khalid Chraibi

The status of Arab women underwent a drastic change in the 7th Century, with the advent ofIslam. The new faith liberated them from a situation of tutelage and granted them their fullshare of rights and responsibilities within Muslim society. The part they played in family lifeand in the community increased markedly, as they acquired the right to inherit property,conduct business, and have access to knowledge.

But these rights, to this day, arent properly implemented in many communities, and the issueof womens rights continues to be at the center of a controversy in many countries. Thus,associations handling the cases of women in difficult situations describe innumerableinstances of oppression, exploitation or mistreatment, with many women living under thethreat of repudiation, polygamy, domestic violence, honour killings, and the like. At work,women suffer from discriminatory practices with regard to employment status, pay scales,

responsibilities, promotion, not to mention sexual harassment.


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In recent years, womens rights have further deteriorated in various areas of the world, asextremist groups have become increasingly influential in the political and legislative life ofdifferent African and Asian countries. The Taliban regime in Afghanistan illustrated thisdevelopment, imposing strict segregation between the sexes, compelling women to wear a

burqa covering them from head to toe, denying them the right to education and to adequate

health care, and preventing them from work. It also instituted lashings and amputations asforms of corporal punishment.

But the experience of Afghanistans women under the Taliban was in no way unique, asZainah Anwar wrote of Malaysia : New sharia criminal laws were passed [in the 1990s inMalaysia], designed to ensure that the Muslim lifestyle does not transgress Islamic teachings.

New offences were created, and moral surveillance, strict enforcement and more severepunishment of Muslims were introduced. The Islamic Family Law, one of the mostenlightened personal status laws in the Muslim world, was amended to make divorce and

polygamy easier for men, and reduce mens financial responsibilities towards women.

Women reading the Shariah

Until these developments, women's associations throughout the Muslim world had given highpriority to putting pressure on Governments to implement the UN-sponsored internationalconventions these countries had signed, concerning human rights in general, and women'srights in particular. They also wanted them to withdraw the reservations they had expressedon signing these conventions concerning various provisions on the grounds that theyconflict with religion since the reservations had the effect of diluting much of theconventions usefulness.

The changed conditions in the Muslim world led these associations to redefine their prioritiesand to include a serious study of the Shariah, in order to determine for themselves what itreally said, with the objective of developing new tools to oppose the repressive new laws,

policies and amendments to existing laws that were being introduced by Islamic groups.

Says Nora Murat, from Malaysias Sisters in Islam organisation: If, as believers, we want tolive a life according to the tenets of our faith, a simplistic call to return to an idealised goldenage of Islam, that has little bearing on the realities of todays world, cannot be the answer.And yet the answers can be found within our faith - if only we have the intellectual vigour, themoral courage, and the political will to strive for a more enlightened and progressiveinterpretation of the Quran in our search for answers. For us in Sisters in Islam, this is not

heretical; rather it is imperative, if religion is to be relevant to our lives today.

Women's associations were further motivated in their study of the Quran and Sunnah by therealization, in the words of Pakistans Riffat Hassan, that there was a big gap in what theQuran was saying about womens rights and what was actually happening in Muslim culture.So, one has to distinguish between Quranic text and the Islamic tradition. The interpretationof the Quran from the earliest times till now has been done almost entirely by men. It wasalso done in a male-dominated patriarchal culture. So the Quran was interpreted through amale-centric cultural lenswhich obviously has affected womens rights.

Womens study of the Shariah convinced many of them, in the words of Nigerias Ayesha

Imam, of the need to distinguish between Islam the way of Allah on the one hand, and,what Muslims do those who believe in Islam and attempt to practice it on the other. In a


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paper entitled Women's rights in Muslim laws, she explains: Islam is not questioned. But,what Muslims (human fallible people) make of Islam can be.

She observes that, though religious laws draw their inspiration from the divine, they are notthe same as divine laws. They do rely on human agency to elaborate, implement and enforce

them. She explains that, in many situations, even the experts do not agree on the definitivemeaning of verses in the Quran. Moreover, it is admitted that many hadith (accounts of thelife of the Prophet) are apocryphal, motivated by inter-sect and dynastic rivalries. Severalhadiths of this type seem to have had as their principal aim to put restrictions on womensrights, although they do not fit with surahs (chapters) in the Quran or with other hadith.

Ms. Imam adds that many people believe the shariah to be the same everywhere, throughoutthe Muslim world. But the fact is that it varies significantly from one country to another, aswell as over time. The existence of four main schools of Shariah in the Sunni traditionillustrates the diversity of interpretations. The founders of these schools themselves declaredemphatically, and repeatedly, that their views should not be considered as final or binding on

all Muslims. So, refusing further ijtihad (personal reflection) is not a religious or divinelysanctioned act. It is not required in the Quran or by

khalid chraibi best of shariah, economics, science, human rights scribd english 10 sept 2009

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