THE ISLAMIC MONTH

The Islamic month consists of 29 or 30 days. It can never be fewer than 29 days nor more than 30 days. According to several Ahadith, Rasulullah (Sallallaahu 'Alaihi Wasallam) indicated that the month is either 29 or 30 days. Furthermore, during the Khilafah of Hadhrat 'Ali (Radiyallahu anhu), there was an occasion when only 28 fasts (Roza) were observed, and the moon of Shawwaal was visible after the 28th fast. Thus, on the day of Eid, Hadhrat 'Ali (Radiyallahu anhu) announced to the people that one fast should be made up after Eid.

Some people have disputed a matter mentioned in the article "The Visibility of the Moon...." (Al-Haadi Vol. 1 No. 6). Based on this matter, they have deduced that "Al-Haadi" implied that the Islamic month can even have 31 days for some people. However, those who have taken the time to read the article carefully know that this is an erroneous deduction. This matter is unrelated to the number of days in a month. 'Al-Haadi' simply sought to explain that if the visibility of the moon is not established Islamically, a person does not have the right to celebrate Eid-ul-Fitr alone, even if, based on their own visibility, they have already completed 30 fasts. Such a person cannot act in isolation from the majority of Muslims. Instead, they must continue fasting like others. This procedure aims to prevent the "fussaaq" (wrongdoers) from celebrating Eid-ul-Fitr or breaking their fast before the majority of Muslims. Therefore, this matter concerns this specific criterion only. To claim that 'Al-Haadi' intended to say that the Islamic month can have 31 days for some people is either dishonest or ignorant.

Let us consider an example.

If a person missed the first Ruku of the Zuhr Salah behind the Imam, this means they missed the first Rak'at. It is natural for their Salah to have two Sajdahs and one Qaidah more than that of the other Musallis once they complete their Salah. However, can we deduce from this that the Zuhr Salah of some people consists of 10 Sajdahs and 3 Qaidahs, instead of 8 Sajdahs and 2 Qaidahs? Of course not! Similarly, it is merely a procedure to align the Salah of a "masbuq" (one who missed the beginning of the Salah with the Imam) with that of the Imam.

In the Mu'atta Imam Malik, it is stated:

"The one who has seen the moon of Ramadhan alone does not have the right to abstain from fasting, and the one who has seen the moon of Shawwaal alone does not have the right to break his fast."

Regarding the first part of Imam Malik's (Rahimahullah) statement, Allaamah Zarqaani (Rahimahullah) asserts that this is the opinion of the Jumhur (the majority, including the four Aimmah Mujtahidin). According to Allaamah Bin Rushd (Rahimahullah), there is Ijma (consensus) on this point.

As for the second part of Imam Malik's (Rahimahullah) statement, it applies generally, and even to a person who has seen the moon of Shawwaal alone after completing 30 fasts. Indeed, in the Encyclopedia of Islamic Jurisprudence by Sheikh Sa'di Abu Ja'ib (Rahimahullah), it is stated:

"And he who has seen the moon of Shawwaal should not break the fast. It is only on the day when the Imam (leader of the Islamic state) and the Muslim masses break the fast that he should break his fast. This is also the opinion of Hadhrat 'Umar (Radiyallahu Anhu) and Hadhrat 'Aisha (Radiyallahu Anha). In their time, no one contested their opinion. It is, therefore, a unanimous opinion."

In Musannaf Abdur Razzaaq, it is narrated:

"Two people saw the moon of Shawwaal during their journey. They hurried to come and testify to Hadhrat 'Umar (Radiyallahu anhu). They arrived the next day before noon. Of the two, only one was fasting.

The one who was fasting said:

'I felt disgusted to abstain from fasting while all the Muslims were fasting.'

To justify himself, the other said: 'I did not want to fast because I saw the moon.'

Addressing the latter, Hadhrat 'Umar (Radiyallahu anhu) said: 'If the one who is fasting were not with you, we would have rejected your testimony and would have struck you on the head.'

Then, Hadhrat 'Umar (Radiyallahu anhu) commanded the people to break their fast and go out to perform the Salaat-ul-Eid."

From this statement of Hadhrat 'Umar (Radiyallahu anhu), we can deduce that a person who has seen the moon of Shawwaal alone must continue fasting, like other Muslims, because if there had not been a second person to testify, their testimony would not have been accepted. Therefore, before the establishment of the moon's visibility, they would not have had the right to break their fast. This is why Hadhrat 'Umar (Radiyallahu anhu) said to the one who had not fasted that they would have struck them. This was not because of their testimony, but because they had neglected to fast before the moon was visible. Since this ruling of Hadhrat 'Umar (Radiyallahu anhu) applies in most cases, it also applies to a person who has already completed 30 fasts. This ruling is clearer in Fataawa Alamgiri, a compilation of fatwas from elite scholars, which states:

"If a person has seen the moon of Ramadhan alone and testified, their testimony will not be accepted. It is obligatory on them to fast. If they have already completed 30 fasts, they should not break their fast except at the same time as the Imam (leader of the Islamic state)."

In summary, if a person, based on their own sighting of the moon, has already completed 30 fasts, they must continue to fast like other Muslims, even if the visibility of the moon has not been officially established. However, this does not imply that the month consists of 31 days. Moreover, the fact that this person should not break their fast, even if it is their 31st fast, is in accordance with the opinion of Hadhrat 'Umar (Radiyallahu anhu), Hadhrat 'Aisha (Radiyallahu anha), and the Ijma (consensus).

[English version of "Le mois islamique" – Al Haadi – Vol. 2 No. 4]