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1. There are a few ways of proving the sighting the
moon:
A. News of sighting the moon – on the night of the 29th of
Sha’ban when the sky is not clear (cloudy), then the news
of sighting the moon given by a muslim male or female, equitable
or Mastur-ul-Haal (a person who’s inward state is concealed
– whose fisq is not apparent) shall prove the beginning of
Ramadan. In the case when the sky is clear, it is sufficient for
a person who fulfils the above-mentioned criterions to see the moon
outside the place where inhabitants are, such as in an open field,
or on a high place. Otherwise, there should be such a great number
of people, who witness the sighting of the moon with their naked
eye. For the rest of the 11 months, in the case of the sky not being
clear, then there should be two (2) witnesses who are equitable
(‘adil). In the case of the sky being clear, there should
be such a great number of people giving witness (bearing testimony
for their sighting of the moon) whose unanimity on speaking falsehood
is merely impossible rationally. [Radd al-Muhtar – Vol. 2
Pg. 94-95, and in al-Bahr al-Ra’iq – Vol. 2 Pg. 269]
B. Shahadat ‘ala al-Shahadah (witness upon witness) - this
is when the witnesses have not seen the moon themselves. However,
those who did see the moon bore witness in front of them of their
sighting, and made them witnesses upon this. So, in this way the
sighting of the moon is proven, only on the condition that the people
who saw the moon are unable and incapable to be present in order
to give their witness directly [to the Qazi or the ‘Alim if
there is no Qazi]. The way to give witness in this situation is
that each person from the people who saw the moon with their naked
eyes, makes 2 persons their witness and ask them to become their
witness that, “I saw the moon on the night of such and such
a day, and such and such a month of such and such a year.”
Then each person from the secondary witnesses testify that, “Such
and such a person, the son of such and such a person has made me
a witness on their sighting of the moon on the night of such and
such day, of such and such a month of such and such a year, and
they have asked me to become their witness on this sighting.”
[Radd al-Muhtar Vol. 4 Pg. 409 and also in Fatawa al-Hindiyyah (‘Alamgiri)
Vol. 3 Pg. 410.]
C. Shahadah
‘ala al-Qada’ (giving witness in front of an Islamic
Judge) - this means that in another city there came witnesses in
front of an Islamic Judge or a Mufti who bore witness of their sighting
of the moon, and the Judge or the Mufti has passed a verdict that
the moon has been seen, and in the time of giving the witness there
were 2 reliable, trustworthy, righteous men present in the Dar-ul-Qada
(the Islamic Court) who saw and heard the witnesses giving their
witness. These 2 witnesses came to a different city or town and
bore witness that, “In such and such a city in front of us
and in the presence of the Judge (or the Mufti) there came witnesses
who testified that they saw the moon on the night of such and such
a day and the Mufti has declared sighting of the moon on such and
such a day”, then this shall also be proof of sighting of
the moon. [Fatawa al-Imam al-Ghuzza Pg. 6 and Fath al-Qadir Vol.
2 Pg. 243]
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