When the crescent is seen the next day

When the crescent is seen the next day
Questions & Answers

When the crescent is seen the next day

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  • masjidmuhammad
  • Mar 14, 2021

Question:

Testimony to the sighting of the crescent was given today. The next
day the moon was not seen in the western horizon although the
horizon was clear. Will the testimony of the previous day be rejected
on the basis that it is against what is obvious? Or is it that a general
sighting was not established the next day despite the horizon being
clear?

Answer:

I haven’t come across this matter in the Arabic books of jurisprudence
and fatawa. Nonetheless, it is stated in Fatawa Wahidi that if the moon
is not seen the next day, the previous day’s decision will still be
correct. However, Fatawa Wahidi does not give any reference from the
books of the past. This fatwa is therefore against the obvious.
Nowadays, the testimony of people which is against the obvious will
have to be looked at, and this fatwa ought to be issued that the
previous ‛id or fast was not correct, and the witnesses ought to be
punished.

The text of Fatawa Wahidi reads as follows:

Normally if the horizon is clear and 2-3 persons testify, then it is not
accepted because it is against the obvious. Thus, if after the first day
the moon is not sighted on the second day despite the horizon being
clear, then this will be even more against the obvious. Therefore, if
there is no sighting on the second day, the previous testimony ought
to be classified as invalid. This ruling is mentioned in the books of
jurisprudence that if testimony is given with regard to something and
its opposite is proved with certainty, then that testimony will be
considered to be non-existent.

The gist of the above is that if the opposite of the testimony is
outwardly proven, the testimony is invalid. In other words, the
person’s testimony is rejected.

Allah ta‛ala knows best.

 

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