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Do I need one or two witnesses for sighting the moon according to Islamic teachings?

Answered as per Hanafi Fiqh by Muftisays.com
i would like you to answer my question as clearly as possible,i was reading one kitaab, and in that it said you need two witnesses for the sighting of the moon, where as i have read in numerous kitaabs one is sufficent, please clarify this as this is very important to me jazakallah

Answer
Answer:

In the name of Allah, the Most Merciful

Please note that I have given the generic ruling regarding sighting the moon. This does not reflect any modern day Iktilaf (difference of opinion) in relation to which country one should follow or not.

Sighting the moon of Ramadhan:

1. According to the Hanafi School of Juridical thought: the testimony of at least one righteous Muslim man, or one man and two women, is sufficient to establish the start of Ramadan (Shami, Vol 2, Kitabus Sawm).

It is reported from Ibn Abbas Radiallahu Anhu, ? Verily a man came to Rasullulah Sallahu Alaihe Wassalam and said I have seen the Hillal (new Crescent moon) He (Rasullulah Sallahu Alaihe Wassalam) said, do you bear testimony that thre is no God but Allah and that verily Muhammad is the messenger of Allah?, He (the man) replied, yes. He (Rasullulah Sallahu Alaihe Wassalam) said, ?Stand O Bilal and give the news amongst the people so that they fast tomorrow?. (Sunan Abu Dawud, reported in Badaa-e-us-Sanaa?ah, Vol 2,)

2. If the sky is clear and someone alone sees the Moon of Ramadhan, then he will begin the fast, even if the imam does not except his testimony (Al-Hidayyah Kitabus Sawm). The word of a Fasiq (sinful transgressor) will not be accepted.

It is important to note here that the testimony is not like the testimony of other Shariah rulings (known as Shahadah, statement or an Islamic affidavit) but it is more of a ?ikbaar? (notification, report, information). To give a notification pertaining to something (in this case the sighting of the moon) does not require a fixed number of witnesses (Badaa-e-us-Sanaa?ah, Vol 2, Kitabus Sawm, Pg 222, Zakriyah Book Deport print). For the Moon sighting the notification of one Just person is sufficient.

3. If there is an obstruction in the sky, such as heavy clouds, rain etc which limits the viewing of the moon, the imam will except the testimony of one righteous (Aadil) person weather is it a Male or a female, a slave or a free person (Al-Hidayyah, Kitabus Sawm).

4. If there is no such obstruction in the skies then a group (three or more) will have to witness the moon (Ibid).

Sighting the moon of Eid:

5. For the Moon of Shawwal I.e. the moon of Eid, if there is no such obstruction then the testimony of a group will have to be presented for Eid ul Fitr. The testimony of a single person will not be accepted, as a precaution.

6. If there is an obstruction in the skies which limits the viewing of the Eid moon then only the testimony of two righteous men or one man and two women will be accepted.

Rasullulah Sallahu Alaihe Wassalam has said, “Fast at its (the moon) sighting, and terminate the fast at its sighting” (Bukhari, Muslim).

The saying of the Prophet (may Allah bless him and grant him peace), “Do not fast until you see the crescent-moon, and do not break the fast until you have seen the crescent moon, but if conditions are overcast for you then enumerate for it.” [Bukhari]

For further information on the moon sighting please refer to http://qa.muftisays.com?86

And Allah knows best
31 July 2005

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Mufti Abubakr Karolia
Batley, U.K
Founder of the “Islamic Foundation for Theology and Research” (I.F.T.A.R)

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This answer was collected from MuftiSays.com, based in London (UK). It is one of the fruits of Darul Uloom London. Many ‘ulama are involved in answering the Q&A on the site, including: Shaikul Hadeeth Mufti Umar Farooq Sahib, Mufti Saifur Rahman Sahib, Mufti Abdullah Patel Sahib, Maulana Qamruz Zaman Sahib, Mufti Abu Bakr Karolia Sahib.