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Ulema’s View on the Issue: Insights and Perspectives

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: What do the respected Ulema say regarding the following issue?

BY INVITATION ONLY

THE ISLAMIC INFORMATION AND DAWAH CENTRE INTERNATIONAL

Cordially invites you  to attend a dinner and to join a discussion forum seeking a solution to the following minor problem:

PRESENT SITUATION:

Often the same Eid is observed on two different days in the same city, school, workplace, and sometimes even in the same house. Many Muslims are deeply troubled by this difference, and expect the Muslim leadership to work out a solution. But the overall solution seems to escape our grasp despite many efforts over the years. While some Muslim scholars insist that Islamic dates be based on a local sighting of the crescent, others insist on an international sighting. But if this MAJOR difference cannot be overcome  there is a lesser problem that may be solved more easily. 

MINOR PROBLEM:

A masjid or organisation would usually choose one of the methods and hence one day of Eid to the exclusion of the other. Those worshippers at a masjid who do not agree with the method adopted by the masjid, and hence the day of Eid there, would have to find an alternative place to offer the Eid prayer. This is often not too difficult to find in some cities, especially larger ones such as Toronto where the prayer locations are many. But even here those who feel the need to pray at an alternative location may feel excluded from the masjid on this joyous occasion. For example, someone may have prayed all Ramadan in a mosque only to find at the end that he cannot attend the Eid prayer there because it is being held, according to him, on the wrong day. 

PROPOSAL:

Whereas each individual must choose one of the alternative days for his or her own Eid, it would be of great benefit if the masjids and organisations, while adopting an official day of Eid, could allow those who differ to offer their prayer on the same premises on the alternative day. This would make every individual feel that the difference is not one that drives him or her away from his or her favourite masjid. For example, given our most recent experience, the proposal is that a masjid that celebrated Eid on Tuesday could have allowed those who insisted that Wednesday is the correct day to come in and offer their Eid prayer on Wednesday. 

QUESTION FOR DISCUSSION:

Is this proposal permissible according to the Shariah? 

ACTION ITEM:

Please formulate a written response to the question or circulate the question to other scholars seeking their legal rulings and opinions. Please forward to us in advance such written responses and indicate if you would like to orally present the answer during the discussions to hab2u@hotmail.com. Five of the more extensive answers requiring more time will be specifically selected for initial presentations for a maximum of ten minutes each. Five shorter answers will be allotted five minutes each. This will be followed by even shorter contributions on the open floor. If you know of a scholar or imam whom we should have invited but we obviously missed please alert us so that we may invite him as well. 

Bismillaah

A: If their salaah is performed in accordance to their sighting then the salaah will be valid. The group that felt that the sighting was only established on the second day and thus delayed the salaah until the second day then their salaah will be valid accordingly. 

محمد بن زياد قال سمعت أبا هريرة رضي الله عنه يقول قال النبي صلى الله عليه وسلم أو قال قال أبو القاسم صلى الله عليه وسلم صوموا لرؤيته وأفطروا لرؤيته فإن غبي عليكم فأكملوا عدة شعبان ثلاثين (صحيح البخاري رقم 1909)

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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