The Sighting  of the moon

Hadiths on sighting of the moon
Abu Hurairah reported the Prophet instructed: "Fast after you have seen it [the new crescent] and end the fast [at the end
of the month] when you see it. If it is hidden from you, then wait until the thirty days of Sha'ban have passed." This is
related by
al-Bukhari and Muslim.

Kurayb said: Umm Fadl, daughter of Harith, sent him (Fadl, i.e. her son) to Mu'awiyah in Syria. I (Fadl) arrived in Syria,
and did the needful for her. It was there in Syria the month of Ramadan commenced. I saw the new moon (of Ramadan)
on Friday. I then came back to Medina at the end of the month.  Abdullah ibn Abbas asked me (about the new moon of
Ramadan) and said: When did you see it?  I said: We saw it on Friday night.  He said: (Did) you see it yourself?  I said:
Yes, and the people also saw it so they observed fast and Mu'awiyah also observed fast.  He said: But we saw it on
Saturday night. So we shall continue to observe the fast until we complete thirty (fasts) or we see it (the new moon of
Shawwal).  I said: Is the sighting of the moon by Mu'awiyah not valid for you?  He said: No; this is how the Messenger of
Allah (peace be upon him) has commanded us. Yahya ibn Yahya was in doubt (whether the word used in the narration by
Kurayb) was Naktafi or Taktafi.
Sahih al-muslim

Allah's Messenger (peace be upon him) said: Observe fast on sighting it (the new moon) and break (fast) on sighting it (the
new moon), but if the sky is cloudy for you, then complete the number (of thirty).
Sahih al-muslim

Which months is it Waiib to see the moon?
Rule: It is Wajib-e-Kifaaya to see the moon for five months. These are Shabaan, Ramadan, Shawwal, Zil Qad and Zil Hajj
[Fatawa-e-Razvia].
Rule: Attempt to see the moon on the twenty-ninth of Shabaan in the evening and if you can see it then keep fast the next
day and if you can't then complete thirty days of Shabaan and then start Ramadan [Hidaya, Alamgih, Bahar].

Proof of moon when skies are not clear
Rule: If the skies are not clear meaning there is cloud or smoke then only the proof of Ramadan will be counted if one
Muslim who is sane and is an adult and is pious and a follower of Shariat, then his oath will be accepted, whether the
person is a male or female. Except for the beginning of Ramadan all other month's proof has to be given by either two men
or one-man and two women and they all have to be pious and they have to say "I bear witness that I have seen the moon
personally" then the proof of the moon will be accepted [Hidaya, Durr-e-Mukhtar, Baharetc.].

Definition of a pious person
The definition of a pious person in this text is a person who refrains from large sins and does not make a habit of
committing small sins and is a person who does not perform acts which are against the respect of society such as eating
while walking in the town.

Definition of a person following Shariat
A person who by looking at them follow the Shariat but you are unaware of his hidden activities [Radd-ul-Mohtar,
Radd-ul-Mohtar, Bahar].
Rule: Whoever sees the moon and is a pious person then it is Wajib for them to give oath that night. Rule: If the moon is
seen in the village by a person and there is no Islamic judge or ruler then the people of the village should be gathered and
the oath should be given and if the person giving oath is a pious person then it is necessary for the village people to fast the
next day.
Rule: When the sky is not clear then the proof for Eid has to be given by a Muslim, sane, adult, pious and a follower of the
Shariat and there has to be either two men or one-man and two women and only then the oath will be accepted [Hidaya,
Durr-e-Mukhtar etc.].

Proof of moon when skies are clear
Rule: It the skies are clear then until several people do not give witness the oath will not be accepted (whether it be for
Ramadan, Eid or any other month). The question remains how many people there should be, then this is upto the Islamic
judge and when he is satisfied with the amount of people then he will declare it official. If the witnessing is given because the
moon has been seen outside the city or from a high place then only one pious person's oath can be accepted for Ramadan
[Hidaya, Durr-e-Mukhtar, Bahar]. However, we say that because nowadays people are lazy and do not bother going to
look for the moon then except for Eid all the other month's moon witnessing when the skies are clear should be accepted if
two Muslims have given oath.

Giving an oath when seeing the moon
When giving oath it is necessary to say "I bear witness" and without these words the oath cannot be accepted. However,
due to' bad skies and clouds for the oath of the moon for Ramadan if only "I have seen with my eyes the moon for this
Ramadan today or I saw it last night' is sufficient.
Rule: If some people come and say 'the moon has been seen in such a place or give witness there has been a sighting of the
moon (but have not seen the moon themselves) in such a place, or give witness that such-and-such a person has seen the
moon or say that the judge of such a town has ordered Ramadan or Eid tomorrow then they are all incorrect methods and
cannot be accepted [Durr-e-Mukhtar, Radd-ul-Mohtar, Bahar].
Rule: If only the judge or Imam has seen the moon alone for Eid then he can't celebrate or give order to celebrate Eid as
this is not allowed [Durr-e-Mukhtar, Bahar].
Rule: If the moon was seen in a particular city and a group of people came from that city and stated the news that Ramadan
has begun on such a day and people have started fasting from that day and the news is common then this is sufficient for
people in this town as proof [Radd-ut-Mohtar, Bahar].
Rule: A person saw the moon alone for Ramadan or Eid but the judge did not accept his statement or oath then it is Wajib
for him to fast the next day and if he doesn't or has broken the fast the Qaza is necessary [Hidaya, Durr-e-Mukhtar,
Alamgiri].
Rule: If the moon is seen during the day whether it be before or after midday that moon is for the next day, meaning if the
moon is seen on the thirtieth day of Ramadan then it means the next day is the first of Shawwal and not the current day and
therefore the fast must be completed. In the same way if the moon is seen during the day of the thirtieth of Shabaan, then
Ramadan will begin the next day and the current day is the thirtieth of Shawwal and therefore fasting is not necessary
[Alamgiri, Durr-e-Mukhtar, Radd-ul-Mohtar, Bahar]. Rule: If the moon is seen in one place then this moon isn't just for
that place but for all the world, however, the rule applies to the other places only when there has been a witness about the
sighting of the moon, i.e. someone has given oath or the judge that has ordered the seeing of the moon gives oath or a
group of people have took the news from where the moon was sighted and have stated whether the people in their town
have kept a fast or celebrated Eid. Rule: Proof cannot be accepted if the news are via a telegram or telephone or radio
because even if it is correct it is only news and not an oath and in the same way news from people or printing the news in
papers cannot be accepted either as it is not proof of oath. Rule: If the moon is seen then to point towards it is Makrooh,
even if it is to show someone [Alamgiri, Siraajia, Bazazia, Durr-e-Mukhtar, Bahar].