Responding to ISNA (Islamic Society of North America.) Fiqh Council's claim, “Element of place is dominant in Eid al-Adha,” Maulana Mufti M. Taqi Usmani, a renowned scholar of Darul Uloom in Karachi wrote the following:

1) The article admits that the celebration of Eidul-Fitr should be tied to the sighting of the moon in each country and should not be linked with the celebration of Eidul-Fitr in Saudi Arabia. At the same time, however, the article calls for celebration of Eidul-Adh’haa according to the Saudi Calendar regardless of the local dates, which means Eidul-Adh’haa will be celebrated in North America on 8th or 9th of Zul-Hajjah. It is thus clear that the theory proposed in ISNA's article is impractical.

2) The article has laid much emphasis on the concept of unity of the Muslim Ummah, which no one can deny. At the same time, however, one must appreciate that unity does not mean that the entire Muslim Ummah throughout the world should perform their acts of worship at one and the same time, because it is physically not possible. It is evident that when people in Saudi Arabia are performing their Fajr prayers, those in North America may still have not completed their Isha prayers of the previous day. Similarly, when Muslims in Los Angeles offer their Fajr prayers, those in India and Pakistan are offering their Maghrib or Isha prayer of the same day.

If it is made obligatory on all the Muslims in the world to offer their acts of worship at one and the same time for the sake of unity, such unity can never materialize (because of the time differences). It is, therefore, obvious that offering one’s acts of worship at different times does not affect the concept of Muslim Unity.

3) What does the Muslim unity mean? It means that all Muslims should treat each other with brotherly sympathy and affection and should not spread disorder and dissension among them. Nor should they invent new ideas foreign to the teachings of Quran and the Sunnah which may lead to division and conflict among Muslims.

It is also astonishing that the article views the celebration of Eid al-Adha on different days as being against the concept of Ummah while in the matter of celebration of Eid al-Fitr, this concept is dispensed with. If the celebration of Eid al-Fitr on different days does not affect the concept of unity, how can it be said to harm unity in the case of Eid al-Adha?

4) It is true that Eid al-Adha falls immediately after the day of Arafat in Saudi Arabia, but it is not necessary that the Muslims in every country should follow the same dates in their respective areas. Hajj, no doubt, is tied with a particular place but the celebration of Eid al-Adha is not confined to that place alone. It is celebrated everywhere in the world and cannot be tied to the Saudi calendar.

The article admits that the celebration of Eid al-Adha in other countries was never linked with its celebration in Saudi Arabia throughout the past 14 centuries. This, the authors claim, was because of a lack of communication facilities. With vastly improved communication today, they argued that everyone almost anywhere can find out the day of Hajj, and should celebrate Eid al-Adha based on Saudi calendar.

There is a clear admission in this argument that it is not obligatory according to Quran or the Sunnah to celebrate Eid al-Adha according to Saudi calendar. Had this been so, Muslims would have tried their best to find the exact date of Hajj in Saudi Arabia. It is not correct to say that it was not possible in those days for people living outside Saudi Arabia to know the exact date of Hajj, because this date is normally determined on the first night of Zul-Hijjah. There is a nine day period until Eid al-Adha, which is more than sufficient to acquire this information. However, no jurists has ever stressed that such information be collected in order to celebrate Eid al-Adha according to Saudi dates.

Further, if the argument of the article is accepted and it is held that the real intention of Quran and Sunnah was to link the celebration of Eid al-Adha with the Saudi dates, as a mandatory provision for all Muslims in the world, it means that the Shari'ah has stressed a principle which was not acceptable for 1300 years. Is it not against the Quranic declaration that Allah does not make a thing mandatory unless it is practical for the human beings?

If the authors argue that the celebration of Eid al-Adha was not linked with the dates in Makkah in the past but it has become a mandatory requirement of the Shari'ah now, then the question arises, who has abrogated the previous principle and on what basis? There is no provision in Quran or the Sunnah which orders the Muslims to celebrate Eid al-Adha according to their local dates up to a particular time and to link it with the dates in Makkah thereafter. Whoever considers this and similar questions arising out of this unprecedented theory advanced in the article can appreciate its fallacy.

5) Finally, I would like to inform you that the question of sighting the moon for each lunar month including Zul-Hijjah was thoroughly discussed at the annual sessions of the Islamic Fiqh Academy (held in Jordan, October 11-16, 1986) attended by more than a hundred outstanding scholars of Shari'ah. The academy adopted the resolution recommended that all Muslim countries should determine all the lunar months including Zul-Hijjah on the same basis for both Eid al-Fitr as well as Eid al-Adha.

This resolution represents the consensus of Muslim jurists throughout the world. The proposal contained in the ISNA article, however, goes totally against this consensus.

Eid al-Adha is not Eid al-Hajj

How to determine the date of Eid al-Adha?
Is it Eid al-Adha or Eid al-Hajj? The Muslims all over the world celebrate it as Eid al-Adha. But ISNA Fiqh Council and some others want the Muslims to believe that it is Eid al-Hajj.

The Quran specifies ‘Ahillah’ (the crescents) as the ‘mawaqeet’ (times) for the Islamic dates, and for the Hajj.
What should we do if:
(a) The Hajj date is, for certain, not based on the ‘Hilal of Zhul- Hijjah in Makkah’; or
(b) The ‘Hilal’ is NOT SEEN on the date the Saudi authorities fixed as the last day of Zhul-Qa’da.

Should we follow the wrong Saudi Hajj date for Eid al-Adha, and celebrate Eid al-Adha on the 9th Zhul-Hijjah of North America? It has happened in North America most of the years.

The Messenger of Allah r prayed Eid al-Adha and made it obligatory for all the Muslims in the second year of Hijrah. It was 9 years before he performed the Hajj. If Eid al-Adha is ‘Taabi’ (dependent) on Hajj in Makkah then why did he start celebrating it 9 years before Hajj became obligatory for the Muslims?

The Messenger of Allah r determined the date of Eid al-Adha as the 10th of Zhul-Hijja, solely by the sighted crescent wherever he was, on the 29th or 30th of Zhul-Qa’da.

If Eid al-Adha date is dependent on the Hajj date then why did the Messenger of Allah make no effort to ascertain the Hajj dates in Makkah for his Eid celebration in Medinah? At least after the conquest of Makkah there was no problem in finding out when the Hajj was going to be. The Messenger of Allah made no attempts to know/inform the Muslims in areas surrounding Medinah about when the Hajj was in Makkah. Every Muslim community prayed according to its sighting of Zhul-Hijja crescent. The Messenger of Allah r at least once celebrated Eid al-Adha during a journey.

The Khulafa and the Companions were aware of the problem that the crescent might not be visible everywhere on the same day. They made no attempt to let all the Muslims living in nearby areas know what the day of Hajj in Makkah was. The Muslims celebrated Eid-Adha according to whenever and wherever they saw the crescent.

All the Fuqaha are unanimous that Eid al-Adha is on the 10th day of Zhul-Hijjah, determined by the sighting everywhere, and NOT ON THE 10TH OF Zhul-Hijja IN MAKKAH.

The Companions opposed every attempt to impose the sighting in one town over the others, even in close proximity, when it was not seen on a clear horizon, or the horizon was cloudy on the 29th day.

Can we pray Eid al-Adha on our 9th or 8th of Zhul-Hijja, only because the Hajj was fixed on a wrong date?

Unity of the Muslim Ummah/sharing the same day argument is invalid because of geographical and physical realities. Muslims who now live in every corner of the world do not share the day of Hajj or the Day of Sacrifice. Some will have to pray and sacrifice before the Hujjaj, and others hours after the 10th day is over in Makkah.

Saudi dates are proven wrong by all accounts for decades by many prominent Muslim experts.

If Saudis change to ‘the Hilal of Zhul-Hijja in Makkah’ criterion then they may see the crescent a day later than it is seen in countries west of Makkah, especially in North America. If Eid al-Adha is tied to the date of Hajj in Makkah then the Muslims in North America may have to celebrate Eid al-Adha on the 11th of Zhul-Hijja.

COMMON FACTORS	NON-COMMON FACTORS
Sacrifice (Hady) on the 10th day	Sacrifice (Qurbani) for all Muslims who possess Nisab
Sacrifice not obligatory on Mufrad	Talbia for Hujjaj / Takbiraat for Others (not Talbiyah)
	No Eid al-Adha prayer for the Hujjaj
	No ‘wuquf’ for non-Hujjaj
	Fasting sunnat on 9 Zhul-Hijja for non-Hujjaj, but not for Hujjaj

THE FALLACY OF EID WITH MAKKA

An article on the issue published by JAMIATUL ULAMA EASTERN CAPE in ZHUL-HIJJA 1419

The Muslim Ummah is presently passing through a deep global crisis. Contributing to this crisis in no small way is the dismal breakdown of unity among Muslims. A glaring example of the total collapse of unity is the practice of “Eid with Makka” which annually arises on the occasion of Eidul Adh-haa. This article intends to highlight the fallacies in this concept, which was spurned from political motives more than anything else.

WHY EID WITH MAKKA IS WRONG

We reproduce from a number of authentic sources the arguments against having Eid in conjunction with Makka, or on the day after Wuqoof:

1) Nabi Muhammad (sallallahu alaihi wasallam) said: “Fast upon its sighting and make Eidul-Fitr on its sighting, and perform your nusuk on its sighting.” (Narrated by Imam Ahmad bin Hambal) Shaikh Abdur Rahman Al-Banna of Egypt says in his kitab Al-Fathur Rabbani that the word nusuk here means other acts of worship besides fasting and Eid, such as Hajj, Qurbani, and Eidul Adh-haa. The same interpretation to the word nusuk has been rendered by Imam Qurtubi on the authority of the majority of Ulema. This hadith therefore commands that, among others, Qurbani and Eidul-Adh-haa, two injunctions that are related to each other, should be observed upon the sighting of the moon. Hence, just as the majority of Muslims obey this hadith and look for the Ramadaan and Eid moon in their respective countries, in like manner they are required to obey this hadith in relation to Eidul Adh-haa and Udh-hiyya (qurbani). This hadith thus provides a basis for the Eidul-Fitr and Eidul Adh-haa moon for Muslims in their respective countries.

2) Bakri Eid, also known as Eidul Adh-haa, is a separate ibaadat entirely independent of Hajj and Arafah. The occasion of Eidul Adh-haa has no practical relation with Hajj, for the following reasons:

c) Eidul Adh-haa and Qurbani were ordained upon this Ummat during the second year of the Hijrat, following Ramadaan and Eidul-Fitr. On the other hand, Hajj only became faradh in the ninth year after hijrat. Which means that for seven years Eidul Adh-haa was taking place in Makka and Madinah while there was no Wuqoof of Arafah. If Bakri Eid and Arafah were correlated, both would have been enforced simultaneously.

d) Bakri Eid and Qurbani both are wajib according to the Hanafi mazh-hab, and Sunnat Muakkadah according to the view of Imam Shafi’ (rahmatullahi alaih). There is therefore much more reason for linking Bakri Eid to Qurbani, rather than to Arafah which is a faradh and a rukn (fundamental) of Hajj. For seven years in Madinah Rasoolullah (sallallahu alaihi wasallam) offered Qurbani while no hajj was taking place in Makka. He performed his Eidul Adh-haa prayers while there was no Wuqoof of Arafah in Makka. This alone demolishes the concept of Bakri Eid being the day after people in Makka perform their wuqoof in Arafah. It also proves that the start of Zhul-Hijja and the Eid of Adh-haa that followed, were established through the sighting of the moon. Even an ignoramus cannot cannot fail to notice this. If it is claimed that once Hajj became faradh in Makka then Rasoolullah (sallallahu alaihi wasallam) and the Sahaaba (radhiyallahu anhum) were commanded to observe Eidul Adh-haa with Makka, we will demand proof of this claim from authentic sources. Baseless claims have been bandied around with great enthusiasm, but none could be substantiated by solid Islamic proof. We must at this juncture emphasis that we are not interested to hear the views of self-styled intellectuals and seekers of cheap publicity. We are only interested in what the Quran and Hadith says. Any proof must emanate from these two sources, and not from the reasoning of errant mortals. We cannot waste our valuable time entertaining fanciful opinions, views, and sentimental outbursts that conflict with Shariah.

5) There is a ruling of the Fuqaha regarding the practice of Ta’reef. Ta’reef was a custom prevalent in former times where people in other parts of the Muslim world would gather in the Musjid or an open field, on the 9th Zhul-Hijja, to emulate the Hujjaaj performing the Wuqoof in Arafaat. They would engage in Dua, Zhikr, etc. just as the Hujjaaj would do in Arafaat. This practice was declared a bid’ah (innovation) and haraam by The Fuqaha for two reasons: firstly, the Sahaaba never adopted this practice, and secondly, what occurs in Hajj cannot be emulated in any other part of the world. (Sharah Halabi, Hidayah)

6) Rasoolullah (sallallahu alaihi wasallam) said: “Your Eidul-Fitr is the day you observe Fitr, and your fast starts the day you begin fasting, and your Arafah is the day you observe wuqoof, and your Eidul Adh-haa is the day you observe Eidul Adh-haa.” (Narrated by Abu Dawood and Tirmizhi) This hadith shareef implies that each area will have their Eid according to their own calculations. When Rasoolullah (sallallahu alaihi wasallam) instructed the Ummah to observe the five faradh salah during specific times, he implied that each area will follow their local time in relation to sunrise and sunset. It is unreasonable and against Shar’ee principles to expect people in South Africa to follow the times of Makka Mukarrama for their Juma’, taraweeh, or Eid salah. In like manner, when addressing the Ummah on the moon issue The Noble Messenger of Allah directs each community to their local sighting.

7) It is an established fact that the Hujjaaj in Makka do not observe Eid. Their day of rejoice and celebration is Arafah. On the day of Nahr (10^th Zhul-Hijja) they pelt the big jamara, slaughter their hadi animals, and shave the hair thus releasing themselves from Ihraam. For the Hujjaj this is not Eidul Adh-haa, for if it was, then Eid Salah would be wajib upon them too. But the whole world knows that hujjaaj make no Eid salah, so they have no Eid celebration either. The words of the hadith cited in proof number 3 can therefore only apply to none hujjaaj, people who are not in Makka. For them it is said that, your day of Eid is what you have ascertained through your sighting of the crescent.

8) When Rasoolullah (sallallahu alaihi wasallam) described the Qurbani, he said: “It is the sunnah of your forefather Ebrahim (alaihis-salaam).” He never made any allusion to Hajj, nor did he command that Qurbani is the amal that follows Arafah. This, too, proves that there is absolutely no nexus between Hajj and Bakri Eid. Note that the major act of worship on Eidul Adh-haa after the Eid salah is Udh-hiya or Qurbani.

9) Those who intend observing Eid with Makka fail to realise that in so doing they risk reducing their month of Zhul-Qadah to 28 days. Decreasing a month to under 29 days is wrong for two reasons: a) Rasoolullah (sallallahu alaihi wasallam) said: “A month is 29 days.” (Bukhari, vol 1) So shortening the month to 28 days is contrary to the sunnah. Observance of any practice of Deen must not directly result in the neglect of another. In like manner, fulfilment of one sunnah must not entail the neglect of another sunnah practice. If it does, then know that such a practice is in fact no sunnah, it is rather Talbeesu-Iblees or deception of Shaytaan. b) Allah states in the Holy Quran: “Verily deferment of the months is an increase in kufr. Through it the unbelievers are led astray...” (Surah Taubah, verse 37) Such deferment, albeit to a lesser degree, is found in the decrease of Zhul-Qadah. The first day Zhul-Hijja, according to local sighting, suddenly becomes the second of the month, because of the change-over to Saudi sighting. Deferment and transposing of sacred time have thus been found. It may not be deferment of a full month, which the Quran describes as an act of kufr, but it certainly is deferment of part of a month, and thus the act becomes part of kufr.

10) If observing Eid with Makka is to be a universal practice as the ignorant ones claim, how will those people simultaneously celebrate Eid with Makka who live in different time zones, such as America, West Indies, New Zealand, Australia etc.? By the time the sun has risen in their countries, it has already set in Makka, or vis versa. It may be day in Makka, while elsewhere it is night. Will these people claim then that is it wajib for some to celebrate Eid with Makka and not for others? Such an imposition runs contrary to the spirit of Islam and even to logic. It complicates things even more. Islam bases all its acts of worship on simplicity and convenience for the masses.

11) It has been claimed that the majority of the Muslim world celebrates Eid with Makka. This is a blatant distortion of fact. Let’s take a simple example: The whole of India, Pakistan, Bangladesh, Indonesia and Malaysia do not celebrate with Makka. Only those ignorant of their geographical facts will labor under illusions as to the significant percentage of Muslim population these countries represent. By no stretch of the imagination can it be claimed that North Africa and some Middle Eastern countries (who observe Eid in conjunction with Makke) represent the majority of Muslim world population.

12) The Azhar Fatwa: Much has been said about the Fatwa of Al Azhar, What’s so strange is that when the self-same Al-Azhar issued a fatwa encouraging females to undergo circumcision, modernist Muslims were up in arms. Yet those same Muslims are now clamouring for unification of Eid with Makka on the back of the Azhar Fatwa. Why the double standards? It appears there is some ulterior motive. Let it be said now, that already the motives of certain Muslim countries in supporting the Eid-with-Makka campaign appear to be propelled by political machinations. The motive we are constrained to read into members of the public supporting this move is nothing but the creation of disunity and friction in an already polarized Muslim nation.

13) In Sha’baan 1391, the World Muslim League under Shaikh Ali Al Harakaan passed a resolution in a conference held in Makka that each area shall be responsible for its own sighting. This resolution effectively put paid to the fallacy of celebrating Eid with Makka.

14) Almighty Allah states in Surah Baqarah, verse 189: “And they ask you about the crescents. Say: These are (signs of) fixed times for people, and (fixed times) for Hajj.” In this verse Allah Ta-aala speaks about the new moon. The sighting of the moon according to this verse of Al-Baqarah, is a sign denoting the beginning of the Islamic month. Similarly, according to this verse it is a sign denoting the months of Hajj. The meaning, therefore, is that for those who are in Hajj, the need is to sight the moon before they can begin their rituals of Hajj, while for the rest of mankind, the sighting of the moon will signify the beginning of the month as well as any other ibadat that results from such sighting. Since Hajj is confined to Makka, we can safely say that the crescent being a sign for Hajj is a concept confined to Makka and its environs only. The mention of “people” separately from “Hajj” is a good enough indication that what goes on in Hajj is not related to people in any other part of the world.

15) The Saudi sightings: We have proven from the aforementioned verse of Surah Al-Baqarah that sighting the moon for Hajj is a pre-requisite. But not so with the Saudis. Leave the past, for which we can cite numerous examples of discrepancies in their sightings. Just recently, according to reports from Makka, the Saudis had already announced the first of Zhul-Hijja on the 26 Zhul-Qa’dah! So it appears their dates are determined even before the month begins! Subhaanallah! Seondly, according to all astronomers, it was impossible to sight the moon on Wednesday night, for it was only born after sunset in the Kingdom, yet Thursday was declared the first of Zhul-Hijja! The list can go on into the past of such strange happenings. As for the validity of Hajj under such dubious sighting, let it be known that once the Qaadhi (Muslim Judge) issues a decree regarding the date of Arafah, such decree is binding only upon the people under its jurisdiction. We here in South Africa are not under the jurisdiction of the Qaadhi of Makka, nor for that matter under the Qaadhi of Egypt or any Muslim country. So his decree can in no way be binding upon us. Yes, such a ruling will be imposed upon all people in the Kingdom of Saudi Arabia and all hujjaj, for they are at that point in time under jurisdiction of the Qaadhi. Hence their hajj will be valid.

16) If Eid-with-Makka was a Shar’ee practice, surely some origin of this will be found in the books of hadith or Fiqah. No one can question the eagerness and enthusiasm that Sahaaba and people of the past had for unity. Yet there is no vestige of such action being initiated by the Sahaaba. It has been stated by Allama Subki of Damascus (d. 756 AH) that it has never been narrated from Hazrat Umar (radhiyallahu anhu) or any of the Khalifas after him that they had written to other areas, or sent people there, or made arrangements to ascertain the sighting of the moon. If this (obtaining news from distant places) was necessary, they would have certainly done it for they were the most ardent followers of Shariah. (The Book on establishment of Islamic months by Shaikh Ali As-Subki)

17) The argument of modern technology: It has been claimed that since in those days there existed no system of telecommunications, therefore it was impossible to immediately ascertain the sighting of the moon in far away places. Today we have the use of technology, and can transmit information from one end of the globe to another within seconds. This method should then be adopted to relay sighting of the moon. In answer to this modern claim, we say, firstly, the laws of Islam apply the same to each age and era. Should there be any significance in celebrating Eid with Makka, it will therefore mean that the people before us were deprived of this virtue just because they lacked technology. This is laughable and downright ludicrous. If it is claimed that celebrating Eid with Makka is wajib, we will counter this with the same argument, that in the past, due to non-availability of technology Sahaaba and Ulema and Muhadditheen and great saints who happened not to celebrate Eid with Makka had missed out a waajib! This claim is tantamount to slander against these great luminaries of Islam. The ramifications of this are quite serious. It then means that all their qurbanis that were offered on the third day were invalid. It also means that those among them who fasted on 9 Zhul-Hijja were fasting on Eid day, taking into consideration the fact that some countries may have had differences of a day in their dates. And fasting on Eid day is haraam! No sane mind can yield to such disastrous reasoning in relation to our pious seniors of the past. If the foolish ones say that Eid-with-Makka only became waajib after the Muslims developed technology, I believe that even an ignoramous would be able to see through such idiotic reasoning. If it is said, and I alluded to this earlier, that the issue of celebrating Eid with Makka is a sunnah practice, the absurdity is only magnified. Sunnah means that which was done or commanded by Rasoolullah (sallallahu alaihi wasallam). We have established that for seven years Rasoolullah (sallallahu alaihi wasallam) performed his Eidul Adh-haa in Madinah while there was no Arafah taking place in Makka. Further, during the ninth year of Hijra, when Hazrat Abubakr (radhiyallahu anhu) was commissioned by Rasoolullah (sallallahu alaihi wasallam) to perform the first Hajj, there is absolutely no mention in the books of hadith that Rasoolullah (sallallahu alaihi wasallam) performed his Eidul Adh-haa after the wuqoof of Arafa in Makka. So, where does the claim of Sunnah stem from? If this was necessary surely Rasoolullah (sallallahu alaihi wasallam) would have given the command to do so. Are we to believe (naoothu billah) that The Messenger of Allah left this Deen incomplete? Again, if it is claimed that the Sahaaba did this, textual and documentary evidence must be furnished.

18) Eidul Adh-haa is defined as the tenth of Zhul-Hijja. All the books of Shariah give this definition. No where have we come across a definition in Shariah stating that Eidul Adh-haa is the day after Arafah. In fact this is tantamount to adulteration of Shar’ee text, for the Shariah states that the day after Arafah is the Day of Nahr, which has been set aside for a specific routine of actions related to Hajj. It can thus be safely said that the claim of Bakri Eid being the day after Arafah is a bid’ah or innovation. This in reality is the introduction into Islam of a new belief and concept, which never existed in the past. This is the exact definition of bid’ah. In fact, I believe the claim that Eidul Adh-haa is the day after wuqoof, ranks among the very serious forms of bid’ah for it involves distortion of aqeedah (belief) and distortion of amal (practice). Refer back to the practice of ta’reef (simulation of Arafah) mentioned earlier, and you will understand why Fuqaha declared it a bid’ah.

C We have established in this article that celebrating Eid in unison with Makka is neither faradh, nor waajib, not even sunnat. It is in fact a calculated bid’ah. But let’s assume, for arguments sake, that it is mubah (permitted) in Shariah, even then there is no grounds for adopting this practice. It is an axiom of Shariah that if a mubah or permissible act results in fitnah then it is compulsory (waajib) to abstain therefrom. Rasoolullah (sallallahu alaihi wasallam) intended incorporating the hateem into the Ka’ba, for it is in fact originally part of the Holy Ka’ba. Then upon further reflection he desisted from doing so, saying that, ‘the Quraish may claim I am shifting from the Deen of Ebrahim (alaihis salaam).’ Now this was purely a mubaah or permissible practice, not something faradh or waajib. But to avoid fitnah and disunity, he refrained from carrying out his intentions. Is this not enough reason for the supporters of Eid-with-Makka to realise their folly and desist therefrom?

C The leaders who spearhead the move to celebrate Eid with Makka vociferously demand unity and harmony from the mimbar. It now transpires that such demands are hollow and insincere. This Eid-with-Makka issue has caused tremendous conflict between families, so much so that in one household the wife observes Eid on one day, while the husband celebrates on another day. Families and friends have been torn apart by this deception of Shaytaan. Where now, are the clarion calls for unity? How aimless do these calls now sound. Shaytaan has found a most effective weapon whereby disunity and ill-accord could be spread among the Ummah under the guise of Deen. One wonders what it will take to make the perpetrators of such an injudicious move see the reality. Prejudices, like bad habits, die hard. It requires a supreme effort of humility and sacrifice to admit ones wrong and cross the floor towards haqq and rectitude. Until then, it appears that we are busy digging our own grave. The Messenger of Allah says:

The Doctrine of Sacred Time and Eid al-Adha
By Moulana Muhammad Allie Moosagie, Cape Town

Introduction

Before I proceed with outlining my position I feel obliged to make the following comments by way of introduction.

Firstly, the position stated here should not be confused with the classical, traditional, orthodox view. Although it is fair to say that both positions, the one espoused here and the traditional view are in happy agreement with their final conclusion, which is that the move to celebrate Eid al-Adha together with Mecca is neither rationally sound nor based upon premises which are legally tenable. This may appear to be a harsh indictment upon those who hold different views, therefore I must appeal to my readers to indulge with me and not treat this discussion as an emotional outburst aimed at strengthening one position at the expense of the other, but rather as an objective academic exercise, designed to infuse some sanity into an issue that is plagued by confusion, and emotionalism.

Secondly, my discussion is primarily orientated towards establishing the legitimacy of the “old” position, which is to celebrate Eid al-Adha in terms of the sighting, by appeal to rational arguments (dala’il al-‘aqliyyah). The main reason for this is that the Eid al-Adha debate has always been characterized by appeal to arguments exclusively drawn from traditional sources (dala’il naqliyyah), and has not enjoyed much success for various reasons. This does not imply that I discount the validity of those arguments, but simply that those arguments seem to have lost their potency because they became integrated with the political forces that posited them. To discredit the arguments was then reduced to the simple process of discrediting the political forces who espoused them. Political issues have been so subtly infused into the debate that they have effectively secured the banishment of objectivity from the discourse.

The Doctrine of Sacred Time

One of the most significant and important yet badly overlooked and sadly neglected concepts of the Shari’ah is the concept of sacred time. The whole notion of the consecration, sanctity, and holiness of selected times is such an important dimension that it pervades every area of a Muslim’s religious life. Since it is such a permanent and pervasive feature of our religious landscape, it virtually escapes our interest.

What is meant by sacred time? Sacred time simply means that certain select time periods are consecrated and enjoy superior status in relation to ordinary time.

The concept of sacred time forms the basis of my thesis that any Islamic celebration can only take place in some consecrated time period, whose method of determination has been clearly spelt out by the Shari’ah.

The Legitimacy of the Concept of Sacred Time

Does there exist such a concept of sacred time in terms of the Shari’ah? As Muslims we are constantly inspired, motivated and even coerced to perform certain rituals in specific times. The performance of ‘ibadah or rituals within meticulously prescribed time slots has always been an integral part of a Muslim’s devotional routine. The performance of ‘ibadah, therefore consists not only in the execution of the act, but also of the execution of that act within its prescribed time slot. For, if an act of ‘ibadah is not executed within its prescribed time slot, it will not be regarded as ada (complete), but rather qada. “Verily salah is enjoined on the Believers at stated times” (4:103 Q.). In our attempt to comprehend the centrality of the concept of sacred time in the Islamic design and divine scheme, we turn to the ahadith of the Prophet (sallallahu alaihi wasallam). There are numerous ahadith in which direct reference has been made to the sacrosanctity of selected times. Hadith literature is abound with examples which illustrate the superiority and pre-eminence of certain select times over others. I have chosen the following at random.

Abu Hurairah reported that the Prophet (sallallahu alaihi wasallam) said:

Our Lord, the Blessed and Exalted, descends every night to the nearest heaven (in relation to the earth) at the time when there remains one third of the latter part of the night and proclaims: Whoever calls Me, I shall respond; whoso begs Me, I shall give; whoso seeks My forgiveness, I shall forgive. (Bukhari and Muslim)

The closest that the Lord gets to a servant, is in the middle (jawf) of the latter part of the night. If you are able to be one of those [privileged] to remember Allah in that specific hour, then do so. (Tirmizi)

We can literally fill volumes with very clear and unambiguous ahadith in which the notion of sacred time is endorsed. Muslims throughout the world are very sensitive to the time of Magrib, for example, because deep down, the sanctity of the time of Magrib reverberates even in those who fail to perform the prescribed Magrib salah. Let is move from the sacred time slots of the day to the week. We find endless textual evidence nass in support of the greatness and magnificence of the night and day of Jum’ah (Friday). The excellence of the day of Jum’ah is underscored and emphasised by the many great and momentous events that took place on that day. The ahadith mentions inter alia, the exoneration from the punishment of the grave for those who die on the day or night of Jum’ah, the verse of perfection (5:3 Q.) was revealed on Friday, the creation of Adam took place on a Friday, the last Hour shall occur on a Friday. Abu Hurairah reported that the Prophet (sallallahu alaihi wasallam) said:

The best day on which the sun has risen is Friday, wherein Adam was created, wherein he was admitted to heaven and wherein he has ordered out, and the last Hour shall not come to pass except on a Friday. (Muslim)

Moreover, it is authentically reported in the ahadith that during Friday, there exists a specific moment in which supplications receive extraordinary favour.

Let us turn to the example of sacred months. Now it will certainly be an unnecessary exercise to even try to outline the greatness of the holy month of Ramadan in relation to the other months. All Muslims throughout the world recognize the immense greatness, excellence superiority and virtue of the month of Ramadan. During this holy month there exists one night layl al-qadr (night of power) that is regarded as the greatest and most virtuous of nights, “better than a thousand months”. We could proceed with enumerating countless more ahadith to emphasize the concept of sacred time, but I am sure that such an obvious point does not need further substantiation.

The ultimate point of this whole exercise is to establish the pervasive role of sacred time in the Muslim’s religious life. A substantial part of a Muslim’s religious life revolves around the execution of devotional acts in time slots that are regarded as sacred. A Muslim therefore strives to attain the maximum virtue by capturing the sacred time slots.

Now we move to the question of who invests selected time slots with merit, virtue and holiness. In other words, who and by what process is time sanctified? In terms of Islam, the prerogative to sanctify and consecrate time belongs exclusively to Almighty Allah. He has the sole right to invest selected timeslots with superior merit and value. No human being has been given the right to decide which time slots are to be invested with superior value and merit. Almighty Allah and Allah alone, in His infinite Mercy and Wisdom has already decided for the Muslims which time slots are more superior and meritorious. We as Muslims never had, and never will have the right to consecrate selected time slots.

Once we have now established the sole divine right to invest certain times with additional and superior value, the pivotal question now remain, were the Muslims given any clear instruction and directive that must be followed in order that they might be the fortunate benefactors of sacred time. Did the holy Prophet (sallallahu alaihi wasallam) lay down a specific procedure that Muslims should follow in order to attain sacred time? Or, do Muslims decide in terms of their own scientific procedures how best to locate sacred time? This is the ultimate crux of the matter that stands in urgent need of objective assessment.

On the one hand, we have the Prophetic directives coupled to the Qur’aanic endorsement that the moon is directly linked to the establishment of sacred time. “They ask thee concerning the new moons, say, they are but signs to mark fixed periods of time in (the affairs) of men, and for Hajj.” (2:189 Q.). On the other hand we have the scientific method of calculating sacred time, one that is considered to be more “accurate” by a certain progressive strata of the Muslim community. What this all boils down to, is that whereas traditional orthodoxy very strongly claim that sacred time cannot be located except through the approved method of sighting. For, it is maintained that it is the only method that Allah has prescribed through the agency of the holy Prophet (sallallahu alaihi wasallam), a method that is not rooted in the mundane notion of scientific accuracy but rather in the concept of divine intervention in the affairs of Muslims.

What is extremely relevant to the whole concept of sacred time, is precision in terms of human capability rather than scientific accuracy. The procedure to locate sacred time as laid out by the holy Prophet (sallallahu alaihi wasallam), was structured around human handicap and capability, therefore, any change in human capability through the aid of scientific technology will substantially impact upon the final outcome. Let us demonstrate this by way of illustration. From the Prophetic procedure, which directly links human sighting to the determination of sacred time, we cannot ignore the all important fact that the hilal (new moon) is only visible at a certain time after its birth. The lapse in time between the actual birth of the new moon and its possible sighting is considerable, an estimated minimum of seventeen hours. In terms of scientific calculation, the new moon was born, for example at 4 p.m. on Monday 29 Shabaan and therefore Tuesday will be regarded as the 1^st Ramadan. In terms of the Prophetic method, since it was not humanly possible to have sighted the moon on Monday evening, Wednesday would be regarded as the 1^st Ramadan. It is therefore an absolutely incontrovertible fact the two procedures must yield two very different results. Scientific calculations may be more accurate in terms of establishing the precise time of the birth of the moon, but its accuracy in terms of locating sacred time is definitely not legitimate and authentic. For, there exist a disparity of a minimum of seventeen hours between the two.

The analogy of following scientifically accurate watches in the performance of our ‘ibadat is very often cited to justify the use of calculations is determining the new moon. It must be emphasised and reiterated that my fundamental objection to scientific calculations in determining scared time is not based upon my aversion to scientific technology, but upon the incontrovertible fact that the scientific methods yields a substantially different result, one that is not in consonance with the doctrine of sacred time. In the case of the watch, there is no question of an irreconcilable difference between the two methods of locating sacred time.

The Saudi Method of Locating Sacred Space

What has unfortunately further bedevilled the whole issue of Eid al-Adha and contributed to the existing confusion, is the blatant fact that the Saudi system of locating sacred time is neither favoured by orthodoxy nor made sense of by those wishing to introduce the Universal Islamic Calendar. The Saudis consistently claim through their official news media that their declarations are based upon sightings of the hilal. To see just how absurd such a claim is, let us evaluate their very last declaration. The new moon for Zil Hajj 1413, was born at 16:06 on 21 May 1993, South African time. Bearing in mind the fact that the new moon is born at the same time in relation to the earth. So, accordingly, the new moon was born at 17:06 on 21 May 1993, in Saudi Arabia. (Saudi Arabia is one hour ahead of S. A. due to the fact that they are situated in the +3 time zone). From the time of the birth of the new moon at 17:06 to the time of sun set, there lapsed at most three hours, (assuming that the sun had set at 20:06) between the birth of the new moon and the beginning of the new month, Zil Hajj. Since it was humanly impossible to have sighted the new moon within such a short period after its birth, it must be conceded that the Saudis are deliberately misleading the people into believing that their declaration of the 1 Zil Hajj was based upon human sightings of the new moon. Once again we are stranded with the ultimate question: Must we as Muslims, living in other parts of the world, knowing full well that the criteria used by the Saudis to determine sacred time are not in conformity with our method of locating sacred time, still follow them? And if so, by which directive of the Shari’ah? So people have conveniently overlooked this important discrepancy by linking the celebration of Eid al-Adha to the rituals (manasik) of hajj.

The Linking of Eid al-Adha and Hajj

We now come to the crucial issue of the nexus between Eid al-Adha and the ritual of hajj. There is, I believe consensus among the Muslims that Eid al-Adha is a celebration marking a very special and significant event in the life of our Father Ebrahim (alaihis salaam). His supreme gesture to slaughter his beloved son, Ismail in compliance with the dictates of a recurring vision, earned him not only divine honour and respect, but also set the trend for generation to come. Consequently, that specific event became canonized in all the Abrahamic religions, Islam, Christianity and Judaism (37:108 Q.). moreover, it became canonized in Islam in two very distinct ways. Muslims are required to pay homage and respect to that great and supreme gesture in two very different ways. The first is confined to sacred space and sacred time. The obligation to perform hajj was imposed upon the Muslims out of veneration for the many significant deeds of our beloved and respected Father, Ebrahim (alaihis salaam). The ritual of hajj, which is the symbolic recreation of those wonderful deeds and actions of Ebrahim (alaihis salaam) is confined to sacred space, the haram and sacred time ayyam al-hajj (days of hajj). Those Muslims who are privileged to perform the hajj, celebrate, honour and pay tribute to Ebrahim (alaihis salaam) in a very specific and meticulously defined way. Muslims who are not privileged to pay tribute to Ebrahim (alaihis salaam) through the rituals of hajj are nevertheless required to at least partake in the one act of homage, by sacrificing an animal. Hence, the names, Eid al-Adha and Youm al-nahr, meaning the sacrificial celebration. Eid al-Adha is therefore a celebration of only one of the many momentous events which characterized the pious life of Ebrahim (alaihis salaam); a celebration that is neither rooted in nor based upon hajj. In fact, hajj itself is based upon the many momentous events that took place many centuries before. To forge an artificial link between Eid al-Adha and the very different and specific rituals of hajj is acceptable to a certain limit, for both pat tribute to the wonderful events of Ebrahim (alaihis salaam). But it is truly an outrage and an unwarranted imposition to forge such a binding link that generates coercion and obligation of the kind that one is regarded to control the other. I is very clear from the mass of indisputable textual evidence nass that the rituals of hajj is a very specific form of paying tribute and homage to past great events, made obligatory upon certain select Muslims (those who qualify) once in their lifetime. The celebration of Eid al-Adha is, on the other hand, is a recurring, annuals event open to all Muslims wherever they find themselves. The stark differences mus ipso facto warrant a different set of regulations governing each celebration differently. The artificial fusion of the tow different celebrations, hajj and Eid al-Adha, merely to achieve uniformity, is in my humble estimate, a perversion, the ultimate wisdom of which has thus far managed to escape me. The question that consistently remains unanswered is: Why is it necessary to forge a link between two types of rituals when the dissimilarities between the two are far more than the one similarity, that of sacrifice, which incidentally, we share in common with members of the Jewish faith?

The only answer that people tend to give is that Eid al-Adha is a celebration that is rooted in hajj. Although this misconception has already been discussed, I feel that it stands in need of more exhaustive scrutiny. For those who believe that the celebration of Eid al-Adha is directly linked to the rituals of hajj, how do they reconcile the following hadith of Ibn ‘Umar (radiyallahu anhu) that “the Prophet (sallallahu alaihi wasallam) stayed in Medina for ten years, and upheld the ritual of sacrifice for ten years.” (Tirmizi) Now it is common knowledge that the ritual of hajj became obligatory in the year seventh hijri, and the Prophet (sallallahu alaihi wasallam) only performed hajj in year tenth hijri. Just how did the holy Prophet (sallallahu alaihi wasallam) celebrate the ritual of sacrifice in the absence of wuquf? This hadith is a clear indication that Eid al-Adha has its own unique, independent statue and not dependent upon the rituals of hajj, and existed even before hajj became an obligatory Islamic ritual. From the hadith of Zaid Ibn Arqam, we see that the Prophet (sallallahu alaihi wasallam) answered the sahabas’ query about sacrifice (al-adahi) in a manner that underscores its independent status. The companions once asked the Prophet (sallallahu alaihi wasallam): O Messenger of Allah! What is this sacrifice? He replied: The way of your Father Ebrahim. The sahabas then asked: What is in it for us? In reply he said: There is one reward for every hair [of the animal]. (Ahmad and Ibn Maja). The Prophet (sallallahu alaihi wasallam) did not even mention the issue of hajj. Moreover, had the issue of hajj been linked to the issue of sacrifice, the Prophet (sallallahu alaihi wasallam) most certainly would have alluded to it. It is fair to assert that there is no clear textual evidence nass to support the linking of Eid al-Adha and wuquf at ‘Arafah in the manner that some later day Muslims have attempted to do.

An estimated one billion Muslims are scattered all over the world. How should they respond to the demand of locating their respective sacred times? There are broadly stated two fundamental positions. There are those who advocate the localization of sacred time and there are those who advocate the idea of a Universal Islamic Calendar.

The Concept of a Universal Islamic Calendar

Let us explore this dimension of a Universal Islamic Calendar and see whether we could reconcile it with our concept of sacred time. Now, this does however appear on first sight to be a very plausible suggestion, one that possess the potential of eradicating all the problems traditionally associated with “sighting”. But, it brings in its wake other problems in terms of our doctrine of sacred time. Firstly, if the Universal Calendar is to be based upon scientific calculations of the birth of the new moon, as I am led to believe, it will, then we are confronted with the problem of the inevitable discrepancy between scientific time (actual time of the birth of the new moon) and sacred time, (time of sighting). The disparity could be anything from seventeen hours, depending upon the time of the birth of the new moon and a possible sighting. How do we compensate for this discrepancy? Do we simply ignore it and substitute false time (time of actual birth of the new moon) for sacred time, merely to achieve a common or universal standard? I personally feel that it would be a sad day in the history of the Muslims to jettison the traditional method of locating sacred time for some more scientifically accurate method but religiously deficient. Only if the scientific method takes into serious account the human component in the equation of sacred time, can we even begin to entertain it.

The other problem of deciding which point on earth will serve as the standard of longitude, governing the rest of the world generates its own complexities. Let us assume that Mecca becomes the standard longitude, governing the rest of the world. If, for example the new moon is born at 18:00 Mecca time, and it is decided to declare the next day a new month, how would the Malaysians be able to cope with this, simply because they are five hours ahead of Mecca, which mean that they are already into the night, which is part of the new month, before the moon was even born. Even if the whole issue of a Universal Lunar Islamic Calendar could be mathematically resolved, but if it fails to harmonize with our doctrine of sacred time then our fundamental objection still remains.

The Localization of Sacred Time

Let us turn to the option of localization of sacred time. I have drawn considerable inspiration from the Surah of Power (Surah Al-Qadr :97 Q.) in formulating my concept of the localization of sacred time. In this short surah Almighty Allah clearly informs us of the descent of the angles at the time of Magrib and their subsequent assent at the time of Fajr. It is obvious from indisputable scientific evidence that every minute is Magrib somewhere on earth, and by the same token every minute is Fajr somewhere on earth. The ultimate question must then be: Which Magrib and Fajr is Allah referring to in this surah? It is obvious that Almighty Allah is addressing the Muslim Ummah in terms of their respective geographical settings. In other words, each common time zone will have its own exclusive time period in which is located its sacred time and virtuous moments. One time zone cannot seek its sacred time in some other time zone, without some compromise. Thus, in this Qur’aanic surah, the concept of exclusive time zones is clearly recognized. It could be argued that the whole notion of differing matal’a (horizons) as postulated by Imam Shafi’I, is totally justifiable in the light of unique geographical settings, each having their own sacred time zone.

Conclusion

Although my fundamental thesis rests squarely upon the doctrine of sacred time, this does not however mean that the other more “traditional” arguments supporting the localization of sacred time, are invalid or in any way less convincing. This discussion should be viewed as attempt to rescue the traditional position from the charge of “irrationality” and obsoleteness, and to infuse into the debate dimensions that have been sadly ignored.

In terms of the doctrine of sacred time the celebration of Eid al-Adha must be situated in its allotted sacred time, which is the 10^th Zil Hajj, determined according to the Prophetic guidelines and not according to scientific accuracy or any antecedent event.

The whole debate thus collapses into a rather simple dilemma: Faced with the choice of scientific accuracy in determining sacred time, and Prophetic directives structured around human capabilities, we have no hesitation in making our choice.

Your report ‘Clouded moonsighting claims…’ (Crescent International, June 1-15), states that ‘in the last 15 years Saudi moonsighting claims have turned out to be false at least 10 times.’ As a matter of fact, Saudi moonsighting claims are false all the time, without exception, as any observatory will verify.

Since the Committee for Crescent Observation has maintained records, we can testify that in Saudi Arabia the beginning of Ramadan, Eidain and Hajj in the last 15 years (45 times out of 45) were never based on the actual sighting of the crescent. Saudi claims in 1989 have again confirmed this point.

The Saudis claimed that the Ramadan crescent was sighted in the kingdom on Wednesday April 5 (almost 12 hours before the birth of the new moon). They admitted that the Shawwal moon was not sighted on Friday May 5, but proceeded to celebrate Eid al-Fitr on Saturday May 6 anyway, quoting the hadith about completing 30 days of fasting, but failing to correct their mistake about the start of Ramadan. A similar routine was followed for Hajj and Eid al-Adha. They fixed the Hajj for Wednesday July 12, which was based on a moonsighting claim of July 3 (Monday) in Saudi Arabia. This was impossible for Saudi Arabia because of the age of the new moon and as confirmed by the Greenwich Observatory. If the Saudis follow the actual sighting of the crescent as enjoined by Qur’aan and Sunnah they should have started Ramadan on Saturday April 8, celebrated Eid al-Fitr on Sunday May 7 and performed Hajj on Thursday, July 13.

The Saudi lobby all over the world is frantically trying to convince Muslims that they should follow the dates announced by the rulers of Saudi Arabia. In North America, groups like the Islamic Society of North America force unsuspecting Muslims to follow the Saudis for Eid al-Adha. Muslims should not allow themselves into being bulldozed by such un-Islamic practices.