Fataawa On Fataawa On Birmingham Hilal ... - Hizbul Ulama UK

Fataawa On
Birmingham Hilal Sighting
Of 10 th August 2010
Birmingham Moon Sighting Testimony
And The Reaction Of Dissenters
Why Are Batley Moon Sighting Ulama
Silent About Making Qadha
Of The Missed Fast ?
1 st
verdict
Those Who Missed Fast of
Ramadhan 1431 Must Make Qadha
For Those Who Died Without Qadha,
Their Relatives Should Pay Fidya Penalty
Forward

Birmingham, evening of Tuesday 10/08/2010 or 29 th Shaban. The
time for Moon Set is calculated to be few minutes before Sun
Set. Yet three devout Muslims saw the new Moon of Ramadhan
1431 between patchy clouds after praying Sunnah of Maghrib in
Birmingham's Markaz Mosque. One of them an experienced
qualified Aalim, second, a Hafiz of Quraan, and the third, a
Shaikh who spent much of his life in the work of Da'wah and
Tabligh. All three are pious, experienced, and trust worthy
Muslims of good standing, not involved in any Islamic or
Social politics or arguments. How was their sighting claim
treated?
Over three years before, some Ulama of Batley blew loud
trumpet calling Saudi Moon Sighting decisions to be 'wrong',
'doubtful', 'unreliable', and 'less than perfect' in light of
the 'LATEST FATAAWA' which were obtained to serve their
purpose, their aim, their intention, and their 'duty': the
duty to break away the innocent people of Batley from the huge
majority of the UK Muslims who are following Hilal Decisions
taken by great and extremely experienced Jurists of Saudi
Arabia.
They gave two reasons to public to enforce their argument:
1) they have obtained latest Fataawa that nullify decrees
of dozens of Muftiyane Kiram who permitted following
Saudi Hilal decisions in the UK;
2) that the public must follow their Imams without any
question or doubt just as they follow them in Namaz.
People of Batley, with total trust in their Imams, followed
them, not realising that they were to become a shameful break
away group in the eyes of rest of Muslims, great Scholars and
Jurists of UK who did not leave following the Hilal Decisions
as practiced in Haramain Sharifain. Knowing full implications,
dozens of Ulama of Batley and hundreds of people refused to
join, from the outset, this break away group, and remained

united with the majority of Britain's practising Muslims.
The question faced by Batley Moon Sighting Committee (BMSC)
Ulama is whether to accept or to reject the Birmingham's Moon
sighting Testimony. They had to choose between the Five Men
delegation of the Britain's Central Moon Sighting Committee
(CMSC) who accepted the Testimony after 90 minutes long
scrutiny, and the one man delegation of Wifaqul Ulama who
rejected the Testimony after only 10 minutes' form filling
exercise. What Wifaq and BMSC called scrutiny became mutiny
for the three Birmingham Brothers because Wifaq aired their
decision on internet, declaring the sighting to be doubtful
and slanderous. The three innocent brothers who vouched for
their hilal sighting, and all their friends and colleagues who
have full faith in their authenticity and honesty, were
naturally upset by this international blasphemy against their
Testimony.
The BMSC decided to 'investigate' themselves but the three
witnesses declined to meet them after their insulting
publicity by Wifaq. So BMSC, instead of scrutinising the CMSC
Ulama who took the Testimony, decided to join their 'friends
in crime', the Wifaq, and rejected the Testimony.
The CMSC received 'LATEST FATAAWA' that refute Wifaq's (and
BMSC's) rejection on Sharai grounds, and makes it obligatory
for those who followed Wifaq and BMSC, to make qadha of the
missed fast of 1 st Ramadhan 1431. Despite so many Fataawa, and
passage of a whole year, the BMSC Ulama and Imams of Batley
have not fulfilled their moral and Islamic duty to guide
their followers to make qadha of the missed Fast.
Reasons For Rejecting The Testimony
From Wifaqul Ulama
1) There was no Imkaane Ru'yat or the hilal sighting

probability that evening as predicted by calculations.
2) The Testimony was given after 8 days.
From Batley Moon Sighting Committee
1) Witnesses refused to meet them.
2) Wifaq's reasons fair, and decision correct.
3) CMSC Ulama does not know how to scrutinise.
Validity Of Birmingham Testimony
According to the decree of every Muftiyane Kiram to whom the
CMSC sent question, Birmingham Testimony is valid, and the
making Qadha of the fast missed because of following BMSC is
Compulsory, Obligatory, and Faraz.
Why Are BMSC Ulama Silent?
Is it because of their policy of 'No U Turn' what ever the
cost?
Or Is it because of their fear of Public humiliation?
Or Is It their Hard Steel Stubbornness?
Would you still follow BMSC?
Do You Have To Follow Your Imam?
This is not to disrespect any Imam or Scholar. Over the years,
the BMSC Agents emotionally blackmailed Batley's public by
insisting that they must follow their Imams who provided their
(unpaid?) services for over three decades.

We have great respect for our Imams, and we must, because to
respect them is our duty and part of Ibadat. We obey them, we
follow them, we appreciate them, and we admire them.
But our Imams are not Muftis, EXCEPT one who has actually
distanced himself from BMSC meetings for whatever reason. So
why the BMSC agents do not ask us to obey their Mufti members,
and instead they insist that we must obey Imams who hold
lesser degree qualification than their Muftis? Also, there are
many Deputy Imams who, quite rightly, do not agree with BMSC
rulings. Why are we not allowed to obey them in their Moon
sighting practice just as we obey them in Namaz?
Another question: can our Imam make any mistake? If he does,
are we allowed to point out his error? In Namaz, if the Imam
commits any error, any ordinary Musalli will draw his
attention to it, loudly, distinctly, and repeatedly if
necessary, untill it is corrected. If a child is given
physical punishment by an Imam for any reason, some parents
break silence and forget his respect. But when an Imam breaks
the injunction of Hadith Ummi, when our national Unity is
shattered, and divisions and hatred rise within our homes at
the time of celebration and festivity, why are we forced to
remain silent, to ignore it, and to follow the Imam at our
peril.
When dissenters break our Unity at national and domestic
level, our Imam feels helpless, because he inadvertently
signed to follow rulings of BMSC when it was formed. By its
policy of 'no return', BMSC refuse to release them from that
bondage. Does that mean he and his followers can not speak up
against BMSC, and revert back to join the practices of UK's
much greater Scholars, Saints, and National Organisations like
Hizbul Ulama, and Jamiate Ulama whose Hilal Decisions are
obeyed by a vast majority of Muslims? How can such division be
tolerated when we can't tolerate his smallest error in Namaz?

Two pro-BMSC senior Imams of Batley were bold enough to say
at a public meeting that people must follow their Imams, and
if they are misled, the two Imams will answer on the day of
Judgement on behalf of their followers.
Would they still say, after reading these Fataawa, that they
will answer in the court of Allah for missed Fardh Fast of
their followers? No Prophet or Sahabi, or any Shaikh could
give such bold undertaking to their followers. What will be
the fate of these two Imams on the Day of Judgement?
Batley Moon Sighting Committee
BMSC was formed at the behest of Rabetatul Ulama/IMWS to
research on Hilal Sighting issue, and to reunite with us those
few who dissented fro following CMSC, and started separate Eid
Namaz in Batley, thereby breaking our Unity with National
Muslim Brotherhood. It is so unfortunate that the leadership
of BMSC was given to / taken up by that very same break away
group. The result was obvious, instead of joining the 2%
dissenters with the 98% IMWS members, they manipulated so that
98% were forced to join the 2% break away group. The effect of
this was dawned to members much late in the day, and divisions
ensued even at domestic level between parents and children.
Decided at its inception, BMSC was to do an annual review of
the progress and effects of its decisions, AND to accommodate
any change to improve the situation and kerb any damaging
effect. This has never happened. The dissenters, now in power,
will not listen to anything other than those who support them.
Blatant disregard to authentic Hadith Ummi is not a problem to
them. Practices in Haramain Sharifain is not of any worth.
Multiple Fataawa from very highly learned Jurists are going
unnoticed, a blind eye has been turned to the advice and
practices of great national and international Mashaaikh.

Reverting to re-unite with the practices of the vast majority
of Scholars, Shaikhs, Muftis, Darul ulums, National Bodies of
Scholars, and Muslims all over UK, is not considered by them
as an option.
If the BMSC criteria is so full proof, authentic, and
practical, why wouldn't the rest of UK Muslims and Scholars
adopt them? For many years before BMSC, Molvi Chand & Co, and
Wifaqul Ulama tried their experiment, and they could not
convince others. Why and how could BMSC think thet they would
succeed where Wifaq and others failed? Which Sharai dalil do
they want?
Hadith Ummi
There is a hadith, a saying of our beloved Prophet s.a.w.
It is recorded by Imam Bukhari r. so it is taken as AUTHENTIC.
It is a nasse qatai – conclusive evidence from our Nabi s.a.w.
It has straight forward, unambiguous, simple wording that has
no second meaning or no alternative interpretation.
It was spoken by Prophet s.a.w. specifically on the subject of
Moon Sighting when once his Companion suggested to use Jew's
calculations to predict Moon sighting. He s.a.w. said …..
'We are unlettered Nation
We do not/will not write, & we do not/will not calculate.
The month is like this or like this'
(Saying this, he expressed number 29 by showing all fingers of
his both hands twice and the third time he closed his thumb
and showed only nine fingers. Then he showed all fingers of

oth hands thrice to express number 30).
Please note - he did not say that I am an unlettered
Prophet.Instead he clearly said that we, the entire muslim
Nation is 'uneducated'. He meant exactly what he said: when it
comes to Moon Sighting predictions we, all Muslims till the
day of Qiyamah will become illiterate. He said this despite
the fact that he and Companions knew how to write, and they
also knew very complicated calculations on other subjects like
Inheritance, Zakat, etc. He simply did not permit the use of
calculation for Moon Sighting.
He was so particular, so careful, and so cautious that he
could, but did not use words 'twenty nine' and 'thirty'.
Instead he went the extra length to express them by showing
his hands. He meant - when it comes to calculate the length of
the month, the whole Ummah must become illiterate: they must
not write (predicted times and visibility charts based upon
old Jewish practices) and they must not calculate mentally or
by using computers (Moon set times, inclination, altitude,
azimuth, and visibility predictions). Total censorship on the
use of hands, minds, and computers for making Moon Sighting
Predictions. We must rely only on physical sighting of the
Moon ourselves, or on the news of sighting from other
Muslim/s.
Just as we are happy to accept Allah referring to our Prophet
s.a.w. as Ummi, we should also feel happy if our Prophet s.a.w
calls us Ummi, and we must behave as Ummi on the Moon Sighting
issue by avoiding Astronomical Calculations.
That is why every conscious Muslim in the world today (and in
the past) obey this Authentic Hadith, and does not allow
Astronomers' calculations to reject Moon Sighting.
Nasse Qatai and Calculations

If an injunction or order comes directly from Allah (in
Qur'an) or from Prophet s.a.w. (in Hadith) it is called Nasse
Qatai (conclusive evidence). Because of its origin, Nasse
Qatai is absolute, irrefutable, constant, and can not be
ignored.
Against this, manmade calculations are not constant and can
not always be relied upon. Times for Sunrise, Sunset, Moon
birth, Moon rise, Moon set, Moon positions, etc. are all
calculated. They are not absolute. They usually carry warnings
like - 'These calculated times are APPROXIMATE and should not
be used in critical situations'. (National Schools
Observatory). Yes, they are indeed approximate. That is why
different 'experts' have different times and visibility
charts. Yallop's charts are very different from those by Odeh.
New Zealand Experience
In New Zealand, according to Yallop, it was totally impossible
to sight Ramadhan Moon on Sunday 31 st July 2011, but it was
possible using telescope according to Odeh. Sighting by naked
eye was definitely impossible according to all of them because
their Calculations show the Moon would be less than 11 hrs.
old so It can not be sighted with naked eye. BUT it was
definitely seen by naked eye in New Zealand, and their Ulama
accepted the sighting claim, AND RETRACTED their previous
decision, and started Ramadhan from 1 st August. One of these
Senior Scholars is a family member of Batley's Moulana Abdur
Rauf saheb. They did not hesitate accepting Muslim's Testimony
against calculated predictions, because that is Shariah -
straight and simple.
But some people in UK, despite clear warnings from
Astronomers, very wrongly say that calculations are qatai or
conclusive. They try to extrapolate the verse of Qur'an

(The Sun and the Moon follow fixed orbits)
to derive permissibility of using calculations that Prophet
s.a.w. clearly and categorically prohibited in Hadith Ummi.
Such people exist in Wifaq / BMSC camps. They insist that
every Moon Sighting claim must be scrutinised (Jarah) in light
of Calculated predictions and visibility charts. The witness,
no matter how devout and pious he is, will be put under the
knife of Astronomical data and if any of his reply contradicts
the calculation, his testimony will be rejected, as it
happened last year with Birmingham's witnesses in Ramadhan
2010.
Against this rejection by Wifaq and BMSC, every single Fatwa
the CMSC received confirmed the authenticity, validity, and
enforceability of the Birmingham Testimony. These Fataawa
declares such rejectionist Muftis and Scholars to be 'in grave
sin', 'dangerous error', 'nearing Kufar', and 'tauba wajib
upon them'.
Those Fataawa also require the Wifaq and BMSC Scholars to urge
their followers to make qadha of their missed fast. They
impose a duty upon every followers of Wifaq and BMSC to make
qadha of that missed Fast even if their Scholars don't ask
them to do so.
So Repent now, Repeat your missed Fast, and save the neck of
our Imams. They will not be able to save you on the day of
Judgement even if they promise you now. Allah says –
'and no one shall carry the burden of others'.
Fatwa 20 /BT by Darul Ifta - Darul Uloom Deoband
In the name of Allah, the Most Beneficent, The Most Merciful
In Islam, the Hilal is established by its sighting

with naked eye, or by the Sharai Testimony of actual
sighting, because only these two methods are conclusive
and reliable.
The foundation for Hilal Sighting has NOT been based
upon the Astronomical Calculations, because the
Calculations are man made, and carry a probability of
error at all times: they are NOT Conclusive and Reliable
in Shariah.
Latter day Jurists have totally rejected those Scholars who
regard calculations to be Conclusive and reliable, as
quoted by Allama Shami r. in Fataawa Shami (2:92) '…...
that the Prophet s.a.w. did not trust (using of)
calculation, instead he rejected it totally by his
saying;
We are the unlettered Ummah, we do not write and we do not
calculate. A month
is like this and like this.
Hilal was not seen in your towns due to overcast, it was
sighted in Birmingham. Therefore it is necessary to accept
and to follow their Sharai Testimony of actual sighting,
whether the Testimony was received the same day or after
one week. In any case the Testimony is reliable / valid, and
its news is obligating: it is obligatory to practice upon
it.
There is no condition here for 'sighting by multitude'
(Jamme Ghafir) – the Sharai Testimany of sighting by only
one person is sufficient for the Hilal of the blessed
Ramadhan. Here there are, by the will of Allah, three
witness, and all of them are reliable and just. All three
have actually sighted Hilal by naked eye. Therefore it
is perfectly correct, and very much necessary according to
Hadith and Fiqh, to announce / establish Hilal sighting

on
29 Shaban, and for the need of Qadha of missed Fast for
those who counted 30 days for Shaban.
Those who, leaving Hadith and Fiqh, gives priority to
Astronomical Calculations are openly in error: They are
committing a serious sin. It is mandatory for them to
drop their own view, and it is mandatory for them to
adopt Islamic view.
Only Allah knows best.
Signed;
(Mufti)Habiubur Rahman Mufti Darul Uloom Deoband.
The Reply is correct – Signed (Mufti) Mahmudul Hasan
The Reply is correct – Signed (Mufti) Waqar Ali
The Reply is correct – Signed (Mufti) Qamarul Islam
(Seal – Darul Ifta, Darul Uloom Deoband)
Dated 6 th Safar 1432 (10 th January 2011)
This Fatwa from Darul Uloom Deoband shows …..
1. Prophet s.a.w has based the establishment of Hilal on
actual sighting and not on the Astronomical Calculations
based on new Moon theory.
2. In Shariah, the Astronomical Calculation can not be
used to test the authenticity of Hilal because Shariah has
rejected use of Calculations for Hilal
3. In Islam, the Foundation of Hilal Sighting has never
been based upon Astronomically Calculated predictions of
Sighting Possibility.

4. It is a Legal necessity (by Shariah) to accept the
Testimony of Sighting in Birmingham, and follow accordingly
5. It is obligatory to follow the Testimony even if is
received after a week.
6. The Fatwa has confirmed and accepted the Naked Eye
sighting, and all the three witnesses to be Just, reliable
and Trustworthy
7. The CMSC 's announcement for the need to make
Qadha of the missed fast is completely in keeping with
Hadith and Fiqh, and is totally correct
8. To give priority to Astronomical Calculation over the
straight path established by Prophet s. is an obvious error,
and the one who does so is a grave sinner
9. It is necessary for such people to leave their own
non-Islamic views of pre-Islamic Astronomical Calculation
method
10. It is necessary for those who use Calculations to
override the established Prophetic method that they must
adopt the Prophetic Straight path.
The Fatwa from Bombay shows that –
a) It is totally illegal to base Hilal Decisions upon
calculations;

) To use calculations as a test against the Hilal sighting
testimony is against Shariah, a refutable thought, and a
corrupt practice;
c) Foundation of Hilal Decision Committees, and their illegal
decisions for hilal of Ramadhan and two Eids, is also baatil;
d) To practice using a theoretical baatil (incorrect) rule is
not permissible because it is evil according to Shariah Law.