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Resolutions-of-Islamic-Fiqh-Council-1

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places <strong>of</strong> crescent are different. Similarly, people’s sights are not<strong>of</strong> the same level. Also, there may be in the horizon what mightobstruct the sighting <strong>of</strong> the crescent in the second night. Ifsighting <strong>of</strong> the crescent in the second night was necessary for thevalidity <strong>of</strong> the testimony, the Prophet Muhammad (peace be uponhim) would have clarified it.Tirmidhi said: “The Muslim scholars are unanimous onaccepting the testimony <strong>of</strong> the two trusted witnesses to prove thecrescent sighting. Ibn Taymiyah said in Fataawa (Vol.25, P.186after mentioning the varied capacity <strong>of</strong> people to sight thecrescent and its reasons: “ If two trusted witnesses testify for thecrescent-sighting, their testimony would be taken forconsideration in the <strong>Islamic</strong> Shari’ah according to the unanimousview <strong>of</strong> the Muslim scholars, although the general public did notsight it. He perhaps meant here by ‘the unanimous view’ when itis a cloudy season, because the different view <strong>of</strong> Imam AbuHaneefah that the commencement <strong>of</strong> the month would not beproved in a clear season unless the crescent is sighted by anumber <strong>of</strong> people, is well known. All this is when there is no<strong>of</strong>ficial ruling for that because with such a ruling, there is noscope for any difference and it is necessary to implement theruling based on the testimony and this is the consensus view <strong>of</strong>Mulsim scholars, as Abu Zakariya Yahya Al-Nawawi hasmentioned it in Sharh Al-Muhadhdhab (Vol.6 P.313) aftermentioning the reasons <strong>of</strong> the varied capacities <strong>of</strong> the people forthe crescent-sighting.He says: “That is why if two witnesses or one witnesstestified for sighting the crescent and the concerned authorityissued a ruling in this regard, it would not be reversed byconsensus and the fasting would be compulsory and if it had beenimpossible, the ruling would not have been implemented and itsreversal would have been compulsory.100

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