ثبوت هلال رمضان بين الرواية و الشهادة : بين رأي الشيخ محمد باي الكنتي، و فتوى الشيخ محمد الطاهر بن عاشور

Abstract EN

Many Hadiths of the prophet Mohamed (peace be upon him) have stated the certitude of the new moon of Ramadan.

Some of these hadiths proclaimed the approval of the prophet in that one can declare fasting; some others drew up the stipulation of the testimony of two rightful (fairminded) men.

As a result, a disagreement has been made: Is it testimony ornarrating? Consequentl, scholars disputed about the certitude of the new moon.

Opposing Sheikh Mohamed Bay El-Kountiwho prevailed in accepting one’s report (narrating), El-Imam Mohamed Tahar Ben Achour, through his legal opinion (fatwa), stated that the disagreement is in the private certitude.

However, the public certitude in the doctrine is considered a testimony, i.e.

stipulating the two rightful men or thoroughness.

In Algeria, the formation of special committees and the establishment of official declaration reflect the adoption of the second opinion.