حديث " لا تصوموا حتى تروا الهلال ..." بين الاختلاف و الاتحاد

الملخص EN

The great Sunnah is a rich source for Ijtihad (independent decision making).

This research investigates a great Hadith from which we can learn a lot.

However, only two aspects involved in this Hadith will be discussed: how to determine the start of the month of Ramadan and the ruling regarding whether the citation of the crescent- moon in a country applies to other countries.

The four doctrines (schools of thought) except Imam Ahmad bin Hanbal believed that if the crescent moon of Ramadan cannot be seen with the naked eye, the month of Sha’ban should be thirty days.

Most of the Hanbalites stated that if the crescent-moon of Ramadan could not seen at the thirtieth night of Sha’ban for a certain reason, Muslims must fast the thirtieth day of Sha’ban as a precautionary measure.

In such a case, the moon could not be seen because it might be hidden behind clouds.

Some jurisprudents said that if the crescent-moon could not be seen for a certain reason, it should be calculated according to its phases.

However, many scholars rejected this view.

Some scholars said that it is not correct to neglect the calculation procedure because it can be relied on in certain cases.

Regarding the second major issue in this research, scholars had two different views.

The first group of scholars stated that if the crescent-moon is seen in a certain area, the dwellers of other areas must also fast.

This was the opinion of Abu Hanifa, Ahmad, Malik and his followers as well as Al-Shafi’i.

The second group state that each country determines the start of Ramadan according to their own judgment.

This was the opinion of Ibn Abbas, Malik and the mainstream of Shafi’ites.

These scholars relied on the tradition narrated by Kuraib.

Nevertheless, there is still a reconciliatory opinion that considers the first opinion the general rule, but the second view can also be adopted in certain cases.