Darul Uloom's Response to Maulana Nasir's Article:
‘MOONSIGHTING IN ISLAM - A CLARIFICATION’

Since its inception, the Ulama of the Darul Uloom Trinidad and Tobago Ltd. have always tried their best to respect all scholars and organizations in this country. This is because we firmly believe that everyone in their own way is doing some service for the cause of Islam. In this regard the Darul Uloom affiliates and interacts with all bodies of the Sunni Muslims in working together for the welfare of the Muslims.

The Darul Uloom has always been very cautious of speaking ill of other organizations or scholars and has treated all with due respect. There is absolutely no evidence which can be brought forward be it a speech or article in which the Darul Uloom has condemned, criticized or spoken ill of the efforts and Islamic work done by any Muslim organization in Trinidad and Tobago, be it T.I.A., T.M.L. or A.S.J.A., or any Islamic Scholar in Trinidad and the Caribbean. Although the Darul Uloom has always been on the receiving end of criticism and condemnation by many in this country, it has never retaliated in the same manner.

Instead, we have always tried to work for the unity of Muslims and have left the criticisms in the hands of Allaah, and because of Allaah’s grace and kindness the Darul Uloom has grown to become the leading Islamic Institution in Trinidad and the Caribbean. Many muslims turn to us for counseling, Islamic education, Fatawas and Islamic guidelines.

However, recently Darul Uloom has been condemned and criticized openly and publicly by Maulana Siddique Nasir regarding ‘a moon issue’. In this regard our dear brother has written a very misguiding article, which he circulated among the muslims and also published in the Trinidad Guardian dated Wednesday 4th December 2002. Sincere and innocent Muslims have been misled into believing his side of the story and have not heard the other side.

We therefore, wish to respond to the article written by our dear brother so that everyone may know the truth and in so doing will be able to defend the good name of the Darul Uloom. Our purpose is not to disrespect anyone but simply to save the Muslims from making false accusations without proper knowledge.

The article written by Maulana Siddiq Ahmad Nasir bears the title “Moonsighting in Islam – A Clarification”. In the beginning of the article he states, “In order to clarify the issues involved for the benefit of Trinidad and Tobago, the late Mufti Shabil Ali (May Allah Ta'ala have mercy on him) convened a seminar at the Darul Uloom on 18th & 25th March 1995. This seminar was attended by the majority of those who had studied Islam formally (in India, in Pakistan, and Saudi Arabia), present in the country at that time, including the present leadership of the Darul Uloom. Mufti Shabil Ali himself, prepared "A Comprehensive Report on Crescent Moon Seminar" dated 7th April 1995 and sent it out under his signature and that of Maulana Kahiam Hosein (who was the recording secretary for the seminar).

The recommendation of this seminar is as follows:

'As a result of the seminar and later discussions, it has been recommended that a formal National Moon Committee for Trinidad and Tobago be established to confirm, verify and declare crescent sightings and the commencement of all the Islamic months.

'It has been agreed by all the participating Ulama, with few exceptions, that the following four guidelines among others be adopted by the proposed National Moon Committee:

1. To use the naked eye sighting of crescent.
   
2. To use local sighting of crescent within Trinidad and Tobago.
   
3. To accept the following number of witnesses:
   i. Clear horizon - A fair amount of reliable witnesses for all the twelve months.
   ii. Unclear horizon - Two reliable witnesses for the commencement of 11 months and one reliable witness for commencement of Ramadhan.
   
4. Not to accept the sighting of a crescent reported to have occurred prior to the birth of the moon based on undisputable astronomical calculations,’ (Page 2 of the Report)
   

Now even though the recommendation for establishing a National Moon Committee was not implemented, THE VAST MAJORITY OF THE MUSLIM COMMUNITY INCLUDING THE PRESENT LEADERSHIP OF THE DARUL ULOOM FOLLOWED THESE GUIDELINES ESPECIALLY 1) and 2) IN 1995, 1996, 1997, 1998, 1999, 2000, 2001 AND EVEN EARLIER THIS YEAR 2002”

The point the Maulana really wants to put to the Muslims is No. 2 which states, “To use local sighting of crescent within Trinidad and Tobago.”

He states that the vast majority of the Muslim community including the present leadership of the Darul Uloom followed these guidelines especially No. 1 and No. 2 in 1995, 1996, 1997, 1998, 1999, 2000, 2001 and even earlier this year, 2002.

It is thus accepted by him that local sighting started from 1995. The question is, ‘what method of sighting was adopted by Muslims, before 1995 in Trinidad and Tobago? We do not know how long our brother is in Trinidad, nor do we know if he has any knowledge of the system which was implemented before 1995. Darul Uloom started in 1984. What method of sighting was used by the Darul Uloom from 1984 – 1995? If our brother took some time to find out what we used in Trinidad and Tobago over the many years, then he would certainly know that “regional sighting” was established in Trinidad and Tobago for the years before 1995. The reason the scholars at that time, including our respected elders like His Eminence Maulana Dr. Fazlur Rahman Ansari, Moulvi Saeed, Moulvi Adam, Haji Ruknudeen Sahib and others (May Allah bless their souls and grant them Jannatul Firdous) accepted, preached and implemented regional sighting was that it was more in conformity with the traditions of the Holy Prophet Muhammad (S.A.) and the practice adopted by the pious predecessors of Islam, just as we have stated in a statement in the Express Newspaper, dated Sunday 20th October 2002.

It is therefore established that ‘regional sighting’ did exist and was implemented in the past over a great number of years. This brother also attacks a statement made by the Darul Uloom in a letter dated 23rd October 2002 addressed to “ The President/Imam” which states, “Unfortunately, this method (i.e. regional sighting) which existed in the past, did not continue on a collective basis and as such, some organizations, as well as the masses had no alternative except to accept only local sighting”. He condemns this statement by saying it is “A MATERIAL MIS-STATEMENT OF FACT.” He then adds, “Local sighting was accepted, at least from 1995 onwards, on the basis of a recommended guideline agreed to, in 1995, by the majority of those who had formally studied Islam, including the present leadership of the Darul Uloom.” Here again it is accepted that it was only from 1995 local sighting started. What happened before? For those of you who are Trinidadians, you will attest to the fact that before 1995, for over 30 years regional sighting was our system in Trinidad and Tobago. So when the Darul Uloom states that “Unfortunately, this method (i.e. regional sighting) which existed in the past, did not continue”. Is not this statement true and correct? It means therefore that the statement, “A MATERIAL MIS-STATEMENT OF FACT” is infact a false accusation.

Since much is being mentioned about 1995, it is important that you know what took place in 1995. As we have mentioned earlier, the Darul Uloom as well as ASJA and other bodies prior to 1995 always implemented regional sighting. This continued for a long while. However in 1995 some disputes regarding the commencement and termination of that year’s Ramadhan arose. In order to eliminate further disputes regarding the above issue a need was felt to adopt a system which (it was hoped) would be able to remove such problems. As such, meetings and discussions were undertaken by many Ulama in that year.

At the end of the Seminar a few recommendations were made which were documented and given to all participants. One of the first recommendations which was made was “that a formal National Moon Committee for Trinidad and Tobago be established to confirm, verify and declare Crescent sightings and the commencement of all the Islamic lunar months.”

The second recommendation made was that, ‘if’ and ‘when’ the National Moon Committee is formed then they should adopt four main guidelines among others which are:-

1. To use naked-eye sighting of the crescent
   
2. To use local sighting of crescent within Trinidad and Tobago.
   
3. To accept the following number of witnesses :
   (i) Clear horizon – A fair amount of reliable witnesses for all the twelve months.
   (i) Unclear horizon – Two reliable witnesses for the commencement of 11 months and one reliable witness for the commencement of Ramadaan.
   
4. Not to accept the sighting of a crescent reported to have occurred prior to the birth of the moon based on undisputable astronomical calculations.”
   

A careful look at the above shows that:

1. These were simple recommendations given by different scholars as their opinions and were not decisions taken by any ‘formal body’ to be implemented on a mandatory or essential basis.
   
   
2. The formation of a formal National Moon Committee was also a simple recommendation and not a Shariah requirement.
   
   
3. Only after the formation of such a Moon Committee, the guidelines would be adopted. Therefore if a Moon Committee is not formed then it is not binding on anyone to follow these guidelines.
   
   
4. A misleading conclusion is drawn from the above recommendation by Maulana Nasir which is mentioned in his article. He implies that these are guidelines which were set by the Ulamas including the Darul Uloom to be implemented. His deduction is nothing but a misunderstanding. The reason is that nothing of the above was ‘a decision made to be followed’. There was no agreement made by any scholar or organization that they would adopt these from then on. No one placed their signature upon any agreement that they would follow these guidelines. All the participants understood the discussion to be simple recommendations, the first of which must be to form a National Moon Committee (which has not been formed until today). Thereafter the Moon Committee should adopt these recommendations and guidelines. (as mentioned)
   

Further to this another misleading statement is made, Maulana says ‘Now even though the recommendation for establishing a National Moon Committee was not implemented, THE VAST MAJORITY OF THE MUSLIM COMMUNITY INCLUDING THE PRESENT LEADERSHIP OF THE DARUL ULOOM FOLLOWED THESE GUIDELINES ESPECIALLY 1) & 2) IN 1995, 1996, 1997, 1998, 1999, 2000, 2001 AND EVEN EARLIER THIS YEAR 2002.”

The question is, ‘How can the vast majority of the Muslims follow these guidelines when they knew nothing about the recommendations of the Ulama at that seminar?

- T.I.A. knows nothing about it and what transpired among the Ulamas.
- T.M.L. knows nothing about it and what transpired among the Ulamas.
- Jamaat Al Muslimeen knows nothing about it and what transpired among the Ulamas.
- Islamic Academy knows nothing about it and what transpired among the Ulamas.
- United Islamic Organization knows nothing about it and what transpired among the Ulamas.
- In fact, Most of the Muslims and organizations in Trinidad do not have any knowledge about guidelines or recommendations made by the scholars.
- So, how can the vast majority follow something which they did not know about.

After the seminar in 1995 everyone went their own way. Those who believed in global sighting continued to adopt it. Those who accepted regional adopted it and those who were in favour of local sighting adopted that. No one from the above-mentioned organizations as well as the scholars of this country knew of an agreement which they were binded by. Nor were there any agreed and decided guidelines which the organizations understood should be adopted and implemented for the sighting of the moon. What existed in the Muslim community was that the common Muslims turned for guidance to those whom they followed and accepted from among the scholars and leaders in the country. Those who followed the leaders who opted for global sighting, adopted global sighting. Those who followed the leaders who opted for regional sighting, adopted regional sighting. (Note over the years from 1995 until present there has been quite a number of Muslims in Trinidad who continue to accept regional sighting). And those who followed leaders who opted for local sighting, adopted local sighting.

Each scholar and organization guided their people with that which they thought was the best according to their knowledge of the issue and NOT based on any agreement or guidelines set by the scholars. Not even Maulana Nasir believed that he had to follow any guidelines nor did he implement these guidelines in the ASJA.

The Question to be asked is ‘How is it that the past and present executive of ASJA knows nothing about these guidelines, which Brother Nasir erroneously believes to be an agreement? How is it that the general body of the ASJA Imams, who are supposed to guide the people do not know anything of such guidelines? How is it, that over the past years when the Darul Uloom communicated with Maulana Nasir to give a final decision on the sighting of the moon he never refered to these guidelines to make a decision? How is it that he did not even mention it in the two meetings the Darul Uloom had with him just before the Commencement of this years Ramadaan? All these shows that it was something the Maulana never followed because he knew very well that it was not an agreement but were recommendations which remained undecided even until present, (since no follow up work was done on it). This is quite clear from the statement which he has quoted which is, “As a result of the seminar and later discussions, it has been recommended that a formal National Moon Committee of Trinidad and Tobago be established to confirm, verify and declare crescent sightings and the commencement of all the Islamic months.

It has been agreed by all the participating Ulama, with few exceptions, that the following four main guidelines among others be adopted by the proposed National Moon Committee:”. Two important words to note here is that all that was said were only ‘recommended’ and ‘proposed’ (nothing decided).

Now that it is established that the vast majority of the Muslim Community, especially the organizations, did not have any knowledge of these guidelines, our question is, ‘How can they follow something which they do not know about?’

So the statement made by Maulana “The vast majority of the Muslim Community including the present leadership of the Darul Uloom followed these guidelines especially 1) & 2) in 1995, 1996, 1997, 1998, 1999, 2000, 2001 and even earlier this year 2002” is untrue, false and misleading.


Why Darul Uloom adopted Local Sighting

As we have mentioned earlier the Darul Uloom, ASJA and other organizations continued to adopt regional sighting prior to 1995. However in 1995, some problems occurred with respect to the regional connection, because of which ASJA decided to accept local sighting. Fearing that a differing opinion may bring disunity among the Muslims in Trinidad and Tobago, the Darul Uloom decided to abide with local sighting and thus encouraged all the Masjids and Organizations who followed them to also go with it for the sake of unity.

In this regard the late Mufti Shabil Ali (May Allah have mercy on him) decided to call all the Ulama to discuss the issue of the moonsighting. Although he abided by regional sighting, he gave in to ASJA’s view of local sighting to protect the unity of the Muslims in Trinidad and Tobago and also encouraged the Ulama of the Darul Uloom (for the sake of unity) to go along with the local sighting, which is the minimum required sighting that is needed to commence Ramadhan and Eid. However it was his desire to see that a system of regional sighting be re-established in Trinidad and Tobago in the future. Unfortunately Mufti Shabil passed away in 1996 and no further work was done on the moon issue by anyone. As such everything remained as it was, being only recommendations and opinions.

It can be clearly seen that the reason the Darul Uloom went towards local sighting, was that (being permissible in the Shariah) it was seen that it may bring about more unity. The decision to go ‘local’ was not due to any ‘fixed guidelines, agreement, or recommendations made by anyone’.

This explanation shows that our statement “Unfortunately, this method, (i.e. regional sighting) which existed in the past, did not continue on a collective basis and as such some organizations as well as the masses had no alternative except to accept only local sighting” is the truth, while Br. Nasir’s statement “A material mis-statement of fact” is false.

Maulana Nasir continued his attack on the Darul Uloom by saying, “The said letter dated 23rd October 2002 went on to state, “In this connection we will also like to inform you that a meeting held between the Darul Uloom Administrative Committee and officials of the ASJA organization including its president Mr. Yacoub Ali on Wednesday 26th June 2002 it was FULLY ACCEPTED by the ASJA that they are in FULL SUPPORT of the regional moon sighting which was proposed to them by the Darul Uloom”. A MANIFEST, MISLEADING MISREPRESENTATION OF TRUTH. At that meeting, which was requested by the ASJA to discuss differences in beliefs and practices, nothing of the kind was accepted. A second meeting fixed for July 2002, at which the question of moonsighting was to be discussed, was cancelled by the Darul Uloom.’

The Maulana states that this is, “A Manifest, Misleading, Misrepresentation of Truth.

He goes on to say that “At that meeting, which was requested by the ASJA to discuss differences in beliefs and practices, nothing of the kind was accepted”.

We are surprised at these statements made by the Maulana. To remind our dear Maulana of these meetings and to let the Muslims know of the truth of the matter so that the Darul Uloom will be free from venomous attacks, we hereby state that the meeting requested by the ASJA on Wed. 26th June 2002 was not to discuss differences in beliefs and practices. As a reminder to the dear Maulana, we hereunder mention the ‘Suggested agenda items for discussion’ sent to us by ASJA for the meeting on Wed. 26th June at 8:00 a.m. at the Darul Uloom Headquarters and signed by the Operations Manager of ASJA. (In other words these were the topics which the Executive of ASJA wanted to discuss with the Darul Uloom).

The items suggested by ASJA were:

1. Opening Duah
   
2. Chairman Opening Remarks
   
3. Declaration of Intent and Purpose
   
4. The essentials of organizational stability leading to a strong and viable society – The way forward.
   
5. The doctrine of unity of the Ummah as in a minority society of ours.
   
6. Moonsighting - The local and regional concept
   
7. Our beliefs and practices and their integration with a viable culture base
   
8. Islamic law and customs – a brief overview – the concept of change in Social Customs and norms.
   
9. Economic development
   
10. Closing Duah
    

As the readers can see there are ten listed items which the ASJA had requested to discuss at the meeting. No mention is made about ‘differences in beliefs and practices’ as the Maulana stated. Our Respected Brother should know that there is a big difference between ‘A discussion held on our beliefs and practices’ as against ‘A discussion held on differences in beliefs and practices’.

The question is, ‘who is misrepresenting the truth, the Maulana or Darul Uloom’?

Maulana says, “nothing of the kind was accepted”. It is very strange that Maulana could misconstrue such a simple statement. If one looks carefully at the statement one would realize that the Darul Uloom did not state that ASJA has fully accepted regional sighting. What we have said is that ASJA is in full support of regional sighting and according to him certain things must be put in place. The statement that the ASJA is in full support of the regional sighting meant that there was unanimity on the part of the Executive of ASJA including Maulana Nasir and Maulana Sulaimani to support regional sighting. No one from among them objected or differed from the rest. As such, the statement of ‘fully accepted to support’ is a correct assessment of what took place.

In fact it was Maulana Abdus Salaam who spoke about regional sighting on behalf of the Darul Uloom at the meeting. At the end of the proposal, the ASJA members said that they are in favour of it and will support it. The President even went to the extent of saying that they (the executive) will do all the administrative work of communicating with the Islands and the Ulama will see about the religious part of it. We remind the Maulana that he did not object to these statements neither did he differ, instead he added, ‘that certain guidelines must be put in place’.

We ask the question, who is misrepresenting the truth?

In Maulana’s statement, he gives the reader the impression that nothing about the moonsighting was discussed between The Darul Uloom and ASJA. He states, “At that meeting, which was requested by the ASJA to discuss differences in beliefs and practices, nothing of the kind was accepted. A second meeting fixed for July 2002, at which the question of moonsighting was to be discussed, was cancelled by the Darul Uloom. Up to date of the letter no other meeting was held”. A reader of his article will immediately think that if there were no discussions about the moon, then how can the Darul Uloom state that ASJA supported regional sighting?

We remind the Maulana that discussions of moon sighting took place in the very first meeting between Darul Uloom and ASJA. In the meeting held on the 26th June 2002 between the two organizations.

Some of the minutes which were typed and circulated to the participants by ASJA were: -

4.0 – There should be a common moon-sighting committee - National Moon-Sighting Committee – with representation from all bodies – 2 A’alims, one person to be Amir, with the final say, giving pronouncement on the sighting of the moon. There will be credible persons posted at different parts of the country for this purpose - Cedros, Creek, Cocorite etc. The procedures to be followed are:

a) The sighters see the moon
b) Inform Committee
c) The Amir gives pronouncement- 4 Ulema - Mufti Waseem, Maulana Abdus Salaam, Maulana Nasir, Maulana Sulaimani.

4.1 Caribbean acceptance of the sighting of the moon was discussed.

5.0 The discussion arrived at the following decisions:

1) To firm up a Moon Sighting Committee
2) To establish an Ulama Council
3) To have further discussion for the sake of unity of the ummah. The concept of unity is more important than the side issues.

The above minutes, recorded by the Executive of ASJA, proves clearly that discussions on the moon issues including regional sighting did take place between Darul Uloom and ASJA. Another point which shows that the ASJA along with Maulana Nasir supported the concept of regional sighting is the minutes of a meeting held by the ASJA members on 18th July 2002. On point (A) of the said minutes it is written, “It was the general concensus that we ought to establish a proper functioning unit here in Trinidad before embarking on regional collaboration. However contacts are to be made with our counterparts in the other communities within the region advising them of our procedures when approved, and to intimate of the ultimate desirability for regional sighting based on dependability throughout, that simultaneous announcements can be made in the Caribbean, Guyana, Suriname and also Venezuela’.

Dear readers, does the above sound like supporting regional sighting or not supporting it? The above tells us that in an ASJA meeting there was the general concensus of the ‘ultimate desirability of regional sighting’, however things must be properly well established first in Trinidad. This was also the opinion of the Darul Uloom, that we must establish a proper unit here before embarking on the regional sighting. The difference between the Darul Uloom and ASJA on this point was that, Darul Uloom had already established a working system for over two years now, (1) to confirm, verify and declare crescent sightings and the commencement of all the Islamic lunar months in Trinidad and Tobago, while ASJA did not have anything in place; (2) As such, when ASJA was now thinking about having ‘a proper functioning unit here in Trinidad before embarking on regional collaboration’ the Darul Uloom had already established such since two years now.

A second meeting was held between the Darul Uloom and ASJA on Tuesday 5th November 2002 in which the work of the Darul Uloom regarding local and regional sighting was explained to the ASJA. It was explained to them that the Darul Uloom had already (before now) implemented a very good system in Trinidad by establishing 15 sub-moon committees throughout Trinidad and Tobago. We explained to them that this effort had started for some time now by the Darul Uloom and the system was working very well. During the course of this period, many Masjids liazed with the Darul Uloom for sighting. We also explained that for some time now, Darul Uloom has been speaking to responsible Muslims in the islands of the region with the hope of establishing a regional system which once existed among the islands but was broken. Seeing that they too were in favour of the same, we pursued discussions and meetings with them to establish a proper link and communication system. (All these were done because of the support for regional sighting expressed by ASJA including Maulana Nasir in the very first meeting). Over this period discussions were held with the islands by the Darul Uloom on the procedure and system that must be put in place. After this, Darul Uloom received the names and telephone numbers of their moon committees. After all was explained, the ASJA requested a copy of the information given, which they said, will be discussed at their meeting.

Maulana Nasir is wrong to think that our statement ‘it was fully accepted by the ASJA that they are in full support of the regional moon sighting’ was because of the meeting held on Tuesday 5th November 2002. This support was given at the very first meeting held on Wed. 26th June 2002 between the two organizations. As such, it is wrong for him to conclude with such a judgement by making the following statement. “A post-facto acceptance by some members of the ASJA’s Executive of regional sighting at a meeting with the Darul Uloom on Tuesday 5th November, 2002 can in no way justify the manifest, misleading misrepresentation of the truth in the above quoted letter”.

Maulana then states, “The said letter also stated, “During this time meetings were held in Guyana and Grenada with scholars and other responsible Muslims to formalize this system. Very soon meetings with the scholars of Barbados and Suriname are expected to occur.” STRANGE INDEED. The newspaper advertisement of 20th October states that, “A proper system of local and regional sighting, conforming to the sacred teaching of the Shariah has now been established,” and the letter of 23rd October states that, “very soon meetings with the scholars of Barbados and Suriname are expected to occur.” Thus we are informed that a “proper system” was established even before these meetings took place.”

The Maulana sees something to call ‘Strange indeed’.

A simple question to Maulana is that ‘can you prove to us that based on this statement a proper system was not established before the meetings were held with the Scholars of Barbados and Suriname’? In our statement “Very soon meetings with the Scholars of Barbados and Suriname are expected to occur”, Do you know what was the nature of the meetings? Do you know what was going to be discussed, that are you accusing us of misguiding the people through your reasonless judgement? Had we said that ‘very soon meetings with the Scholars of Barbados and Suriname will be held to establish a System, then you could have taken us to task. But we did not say that. You know very well that you are wrong. The reason we say this is that when you came to a meeting at the Darul Uloom on your own account, we explained to you that a meeting was held in Grenada with Scholars from the mentioned islands and we explained fully what transpired in that meeting. So, how can you make such a wrong judgement to conclude that a system was not put in place before the said meetings which you indicated to?

In the following paragraph the Maulana says, “At least in Guyana, “scholars and other responsible Muslims” with whom “meetings were held” by the Darul Uloom are from a minority committee calling itself the Central Moonsighting Committee of Guyana. The Darul Uloom chose to ignore the established national and representative organization of Muslims – the Central Islamic Organization of Guyana. This status was reaffirmed at the General Council meeting of the Central Islamic Organization of Guyana in a unanimous resolution passed by the representatives of over 95 masjids in July 2000 (the year when the self-styled ‘Central Moonsighting Committee of Guyana’ publicized itself). The Central Islamic Organization of Guyana has had its own Moonsighting Committee (called the Hilaal Committee) for many years and it is this committee that the majority of Muslims in Guyana follow. At the same time the General Council meeting in July 2000, representatives of over 95 masjids in Guyana unanimously passed a resolution to accept local sighting (in the face of the shifting position of the self-styled Central Moonsighting Committee of Guyana, from global to hemispheric sighting to regional sighting to).”

Maulanas’ style of writing depicts one who has a deep hatred for the Central Moonsighting Committee who has done no harm to him. This sort of criticism is not befitting a simple muslim far less for an Alim (Scholar).

Here Maulana says that the Darul Uloom contacted a ‘minority committee’. What is Maulana’s definition of a 'minority committee’? If we accept the fact that it was a minority committee, (which it is not) then which law in the Shari’ah commands us to accept his so called ‘majority committee’ and outrightly reject his self-termed ‘minority committee.’ The truth my dear readers, is that the Committee which the Darul Uloom linked itself to in Guyana is one which comprises of some of the top ulama of Guyana. However for some personal reasons, Maulana Nasir does not accept them. From his writings and actions, he gives us the impression that he does not accept the authority of anyone except his own. Although he quoted Mufti Shabil’s paper in the beginning, he opposed the late Mufti on many issues. Similarly he does not agree with the ruling of the late Maulana Abdul Aleem Siddiquii (RA) and Dr. Fazlur Rahman (RA) Ansari on regional sighting which they had given and implemented in 1950’s and 1960’s and continued until 1995.

Further in the paper Maulana says, “Darul Uloom chooses to ignore the established national and representative organization of Muslims in Guyana”.

Maulana should be very careful of what he writes because the above is very far from the truth, the CIOG is not the established national or representative organization of the Muslims of Guyana.

Maulana feels safe to write such things about others because he thinks that no one will take him to task for it.

To clarify this allegation that was made against them, the Central Moonsighting Committee sent an e-mail to the Darul Uloom, informing about certain experiences they encountered with the Maulana and also about the sighting of this years’ Ramadaan. In order to protect the honour of our dear brother, we will refrain from mentioning that which was written about him. The e-mail which was sent on Wednesday 6th November 2002 states: “The CIOG accepted our sighting and made a public announcement. The Central Moonsighting Committee here has principal support from the Ulama Organizations and Masajid. Regional is majority.”

So, Maulana Nasir is not on good terms with the Central Moonsighting Committee; as such there is nothing good he can say about them. He argues about ‘majority and minority committee’, if this be the case then why did the CIOG ‘majority committee’ accepted the sighting of the Central Moonsighting Committee to begin this year’s Ramadhan on Wednesday 6th November 2002.

For Maulana’s information, he should know that we did not ignore the CIOG, instead we had chosen a Committee to work with, those who, in our estimation have qualified and competent people to make pronouncements on the sighting of the moon. It is extremely important to have ulama on the Moon Committee who possess the relevant knowledge to guide the Muslims. While there are four top scholars in the central moon sighting committee there is not even one in the CIOG Committee.

Maulana should understand the above reason very well, since he was in a situation like that in the past where he needed his knowledge of the Shariah to guide him.

Maulana continues with his invalid judgement to state, “in their zeal to attain an objective that they consider desirable (i.e. regional sighting) the Darul Uloom used mis-statements of fact, the misrepresentation of truth and took premature, precipitate steps. Whereas the seminar in 1995 confirmed the continued validity of local sighting and whereas the majority of the community, including the Darul Uloom, continues to follow local sighting, the unilateral change to regional sighting instituted by the Darul Uloom has caused disunity in the community. THE DARUL ULOOM IS WHOLLY AND SOLELY RESPONSIBLE FOR CAUSING THIS DISUNITY. For this, they are lovingly advised to beg for forgiveness from the All-Forgiving the Ever- Merciful.”

Look at these words “in their Zeal……desirable’.

The Maulana misguides the public by telling them that ‘Regional sighting is to fulfill our objective’. We say to Maulana Nasir, ‘How dare you! Maulana. When you supported it in the very first meeting and in front of you, the entire executive also supported it, how can you falsely state that it is a fulfillment of “our objective”. You acuse us of mis-statement and misrepresentation of the truth, I hope by now the readers will know that you are misrepresenting the truth.

You said that we took premature steps for regional sighting, then tell us when will it become mature? How can it be premature when regional was already established in the past from 1950’s until 1995? In fact, instead of ‘pre-mature’ it is actually an age old system in Trinidad. Please do not misguide our Trinidadian Muslims. You were nowhere to be found in Trinidad when we were happy with the regional system.

Personalities greater than yourself, in whose shadows you cannot walk, like the revered Maulana Siddiqui (RA) and Maulana Ansari (RA) implemented this beautiful system for us. It then carried through the times of Moulvi Saeed, Moulvi Adam, Haji Ruknudeen Sahib (RA) and the people in Trinidad had no problem with it. Why didn’t you follow in the footsteps of your elders whom I presume to be your respected teachers? Why have you become so aggressive with your pen about a petty issue of the moon which you know should be accepted regionally in a more stronger manner than locally, although local is permissible? You know very well that the Mazhab of the Imams of Jurisprudence including Imam Abu Hanifa is regional. Then as a Hanafi, why are you blaming us for doing something which conforms to our Mazhab?

How is it that over the recent past many misguiding articles have been written against Islaam on the Guardian, Express, and in different media but you have not lifted your pen to defend Islaam? More recent is the attack on the 20 rakaats Taraweeh, what have you written to defend this position? In our country you know very well that Qadianism, Shi’ism and other deviated sects are on the rise. They propagate their false beliefs through the television, radio and press, what have you written against them? Why have you attacked us in this ferocious manner? We could have written against you for what you did, but out of respect for you we did not do it, nor did we criticize or condemn you. But why did you attack us? Is not regional sighting accepted in Islaam? When you know that it is accepted, then what is your problem? Please do not create problems in Trinidad.

You blame us by saying that we took abrupt and hasty steps’ for regional sighting. Why are you being untrue? You know very well that even before the month of June 2002 Darul Uloom had already established a system of month to month sighting pronouncements in Trinidad and you also know that the Darul Uloom undertook trips to different Islands in July/August to establish the regional system. How can you say that it was abrupt or hasty?’

The Maulana again returns to the 1995 moon seminar by saying “Whereas the seminar in 1995 confirmed the continued validity of local sighting and whereas the majority of the community, including the Darul Uloom, continues to follow local sighting the unilateral change to regional sighting instituted by the Darul Uloom has caused disunity in the community.”

A great point of misguidance is that Maulana is giving the Muslims the impression that ‘there was some kind of agreement which was made and had to be adopted or implemented’. I remind the readers that not even the Maulana or ASJA abided by any such agreement, since he knew that they were simple recommendations. There is a very important part of the agreement made at that time which the Maulana is not saying and that is “it was agreed by the majority of scholars that the local sighting will work until a regional system is put in place”.

The question is, ‘what has the Maulana done in this regard?’ He regularly quotes the 1995 seminar which mentions the first recommendation to be the establishment of a Moon Committee. What has the Maulana done to establish this. So many years have passed, which Moon Committee has the Maulana established (even) in the ASJA organisation. What efforts have the Maulana made to solve this problem. Now that the Darul Uloom has initiated the efforts, the Maulana has started to attack them. Why didn’t he join in the efforts rather than criticize, condemn and misguide others?

Maulana then makes the main statement of his entire article, “THE DARUL ULOOM IS WHOLLY AND SOLELY RESPONSIBLE FOR CAUSING THIS DISUNITY.” We say to Maulana:

Maulana, we think you should ask your heart who caused the disunity. If you are sincere you will accept the fact that you are the main cause. Look at the incident leading to your action.

First – you gave us your support for regional sighting, then we worked very hard to establish the necessary systems.

The Executive of ASJA then looked at our work and realized that it is authentic and reliable and then agreed to accept our pronouncement. You, on the other hand being a missionary of the organization have no individual authority, you are at all times under the Executive, you are working for their organization, you are hired by them. As such as a matter of principle you had no choice but to accept and respect their decision which was in accordance to the shariah, it was something done to foster unity among the Muslims. Now at that time when the Darul Uloom made the pronouncement and the ASJA accepted it, a public announcement was then made that the Ramadaan has begun. Based on this, the muslims prepared themselves for Ramadaan and came upon one common path. But, you did not accept it. At that time some Muslims who came for Taraweeh had to turn back because of you. Some who had intended to fast had to miss it because of you. Worse than that, is that the next day some Muslims had to break their first day’s fast because of you. You are the one who destroyed the fast of a few Muslims in this country. (We thank Allah that the majority did not listen to you). Now, who created the disunity? Then you placed your misguiding article on the Guardian, in order that you may make the Muslims a laughing stock of the society. Are you satisfied with what you have done? Are you contented in your heart? Is this not creating disunity?

The Maulana then goes on to attack his own Executive by saying “The Administrative Executive of the ASJA has now sent a letter to “All Imams and Unit Jamaats” dated 18th November 2002 in which it is stated, “The Administrative Executive of ASJA has decided by consensus and now advise that sighting in Barbados and also in Guyana are to be considered accepted for Eid – ul – Fitr 2002 and for subsequent sighting in Trinidad and Tobago.”

Since the Constitution of ASJA does not give the executive the authority to make pronouncements nor to give decisions nor to advise, on “Shariah, Islaamic Jurisprudence and Practices,” the above-mentioned letter is constitutionally null and void and should be ignored.”

He takes his own executive, (people who are his superiors), to task for doing something which is according to Islaamic Principles.

In our view, the executive has done the correct thing and has not violated any constitution, because they did not give a decision or an advice on any Shariah matter. What they did was to accept a moon sighting pronouncement made by reliable and competent Ulama and then informed their people that they have accepted it. Is this a Fatawa they gave? Is this a ruling they gave? No, we are the ones who gave the Fatawa and they accepted it. Besides this, according to Islaamic teachings they have acted within their authority. It is very strange to know that the Maulana would only quote from the 1995 moon seminar that which conforms to his opinion. In the same article (i.e. the recommendations of the ulama from the 1995 moon seminar) one which Maulana relies fully upon and has been quoting from states, “In a country which is not governed by an Islaamic government, the authority of the Muslim Community concerning the commencement of the Islamic lunar months can be

a) Imam or the administration of a mosque or Islamic center for a particular community.
b) The administration over various mosques or Islamic centers in a country.
c) A formal national moon committee with coordinated participation of all administration or organizations.

The above are the guidelines of the sacred Shariah, which indicates that, as the executive (of ASJA) they were within their authority to make such a decision.

Maulana further states, “Apart from this, however, this letter displays the same precipitateness and haste to arrive at a goal perceived to be desirable while bypassing the essential intermediate steps that informed the action of the Darul Uloom.”

The reason that Maulana continues to write in this manner is because he has done nothing for even the local sighting. Being the missionary of ASJA for many years, it was his duty to set up Moon Committees as well as sub-committees for his organization, but he has done nothing of the sort. He has not even ventured into steps for a regional system, a legacy left by his forerunners. So since he has done absolutely nothing in the area of local or regional sighting, he thinks that what other people are doing is in haste and precipitateness.

In the other paragraph Maulana goes back to the 1995 seminar, to use a portion which conforms to his opinion which states, He says, “The 1995 Crescent Moon Seminar decided “It is PERMISSIBLE for the leadership or authority of Muslims in one country, whether Islaamic or non-Islaamic, to formally link itself with the relevant system to other Islaamic authorities of other countries, close and far, in order to accept and apply the sighting of one another provided it be in the best interest of the people and not a reason for chaos.”

The Maulana then writes, “It is noteworthy that it is permissible and not compulsory. Local sighting has continued validity. Also to be noted that the links have to be established between “the leadership or authority of Muslims” in different countries and not by just any Islaamic group in any country.”

He deduced from the paragraph that it is only permissible to have regional sighting and not compulsory. May Allah have mercy on Maulana; It seems that he is unable to understand jurisprudential text. Any sound A’alim or Mufti who looks at the statement will tell Maulana Nasir that he has misunderstood the entire Masla. The reason is that the words, “It is permissible” is not connected to regional sighting but it is really connected to, “to formally link itself”. So the permissibility which is mentioned here is not about regional sighting but instead it is about ‘linking with other authorities’. For easy understanding, we will re-write the same Masla according to its proper understanding where it will be seen that Maulana has misconstrued the statement. It goes like this, ‘In order to accept and apply the sighting of one another, it is permissible for the leadership or authority of Muslims in one country, whether Islaamic or non-Islaamic to formally link itself with the relevant authorities of other Countries.’

The permissibility is not about regional sighting. Instead, it is about linking oneself to other authorities. So it is a great misunderstanding on Maulana’s part to deduce from the passage that regional sighting is simply permissible.

In the end the Maulana turns away from local sighting and forgets about the entire 1995 moon seminar guidelines to move towards regional sighting if certain things are put in place. The question is, if these things are put in place and Maulana goes regional as he implies, then what will become of the so-called agreed guidelines of the 1995 seminar, which he holds on to as if it was Raddul Muhtar and Hidaya (Authentic and reliable books of Hanafi Fiqh). He says, “Therefore if we are sincerely desirous of establishing a proper system:

1. Establish a truly National Moonsighting Committee with agreed upon guidelines. Then let us put the proper arrangement in place to collect and verify local moon sighting information.
   
   
2. Let us then agree on the region we would like to use and then approach the real leadership among Muslims in the selected countries and determine
   (a) Whether they have the proper mechanism to collect and verify their local moonsighting information and if not help them to set it up, and
   (b) Whether they agree to be part of a delineated region for the purpose of moonsighting.
   
   
3. After approaching the leadership in each country individually, we would then need to convene a joint meeting to discuss major and minor details. It needs to be ensured every country agrees to the SAME region and to the SAME guidelines for moonsighting and that the Muslim communities are in agreement with this new arrangement.
   
   
4. We then make du’a that Allah Ta’ala bless the new arrangement and begin.”
   

Maulana’s conclusion is that only when these steps are in place then we may go to the regional sighting. In other words according to him, if his steps are not there, then we cannot go regional. As muslims it is important to know that we must conform to the teachings of the Sacred Shari’ah in all aspects of our lives, including that of the moonsighting. In this regard we will like to mention the guidelines of the Sacred Shariah so that you may judge for yourself whether the ‘essential steps’ quoted by Maulana Nasir is in conformance to the Shari’ah or not.

In the book Fiqh Alal Mazaahibil Arba’a, the following is written, ‘Whenever the sighting of the moon becomes evident in a certain land from among the region then fasting is essential upon the entire region. This is according to the Mazhabs of Imam Abu Hanifa, Imam Malik and Imam Ahmad bin Hanbal, Imam Shafi says that whenever the sighting is evident in any direction, then fasting becomes essential upon all those people from among the area who are within the same time zones’.

In Fiqhus Sunan, the following is mentioned, ‘When the people of a place sight the moon then fasting will become essential upon the people of all other places because of the generality of the words of the Prophet (SA), ‘Fast by its sighting and terminate the fast by its sighting’. This is according to the Jumhoor, the majority of Scholars of the Mazhabs’. We will like Maulana Nasir to provide proofs for the steps which he has innovated. If not for the four, at least for one step. In this regard we will place the guidelines of the Shariah to you.

Allaamah Ibn Hummam, (a great Hanafi Jurist of the past) writes in his book Fathul Qadeer, ‘The clear Mazhab of Imam Abu Hanifa is that when the sighting is evident in a place, then all the people around them must fast. As such, fasting upon the people of the east will be binding through the sighting of the people of the west’.

The same information is also narrated in another authentic book of the Hanafi Mazhab. In Shami it states, The firm Mazhab of Imam Abu Hanifa is that if the moon is sighted in one place then the people of other places will accept their sighting even though they have not seen it, on the condition that the sighting becomes evident through one of the four different Shariah guidelines:-

1. Testimony upon sighting
   
2. Testimony upon testimony
   
3. Testimony upon Qaza (ruling)
   
4. Widespread information
   

If information has become general, famous and through a chain of narrations of such persons whose statement cannot be deemed a plot or falsehood then such information in Shariah is known as Khabr-e-Mustafeez (Widespread information).

In such cases there is no need to have testimony (shahadat) upon the sighting. Whether it is the moon for Ramadhan or for Eid. However the condition in this case is that different people from different places testify that they have all seen the moon or in their presence the Qazi, Mufti or Islamic Authority of such place has accepted the testimony of the sighting and has officially declared the sighting OR that information has been received reliably through the media of phone, fax, radio, etc. that many people from different areas have seen the moon.”

It is coincidental that Maulana has also placed four essential steps, however unfortunately, none of them conforms to the Shariah steps. Look at the statement in Shami. “The firm Mazhab of Imam Abu Hanifa is that if the moon is sighted in one place then the people of other places will accept their sighting even though they have not seen it, on the condition that the sighting becomes evident through one of the four different Shariah guidelines:-

1. Testimony upon sighting
   
2. Testimony upon testimony
   
3. Testimony upon Qaza (ruling)
   
4. Widespread information”
   

When this is the established conditions for accepting a sighting from one place to another – according to the firm Mazhab of Imam Abu Hanifa, then we will like to know from where did Maulana get his conditions. (Which does not conform to those mentioned above.)

Again in the end Maulana accuses us the Darul Uloom of having an aimless plan and arrangement. We leave you the reader to decide whether it is the truth or not after we have mentioned to you that the founders of ASJA implemented regional sighting. The amazing thing is that they did not implement a single one of Maulana Nasir’s so called steps in their regional sighting at their time.

Maulana states ‘In the interim let us be patient and take these intermediate steps properly. At present the Darul Uloom region is different from the ASJA Executive’s region and both of these are different from the region of the central Moonsighting Committee of Guyana. And the leadership of the Muslims in Guyana has been bypassed. Also as yet, we have no information in the region accepted by the Darul Uloom’s affiliate committees.

In Barbados, which is said to belong to one of the masjids there, and so on satisfactory arrangements are clearly not in place.’

To this we say that Maulana has no knowledge of what he is speaking about. Those who wish to know the truth can visit us at the Darul Uloom and examine the reliable system which we have adopted.


An Observation

In the beginning of November 2002, in order to commence the blessed month of Ramadaan, Maulana Nasir’s non acceptance of the Regional Sighting created some problems among the muslims in Trinidad and Tobago. After that, articles and lectures were given by him condemning the work done by the Darul Uloom and strongly supporting only local sighting. His influence on some of his followers reached to the extent that some of them wrote articles in ‘Eid Brochures’ propagating ‘local sighting’ and discouraging regional sighting. Similarly on the eve of the 30th day of fast someone bearing the name of Shaikh Zaid Hosein appeared on the Television misinforming the general muslims that today (i.e. Thursday 5th Nov. 2002) is the 29th day of Ramadaan and they must stick to only local sighting. Presentations were also made over Radio and at some masjids misinforming the muslim public of the proper dates and days of the Holy month of Ramadaan, especially those of odd number nights of the last 10 days and also the day prior to Eid ul Fitr. All these were actions originating from Maulana Nasir due to his non-acceptance of Darul Uloom’s and ASJA’S Executive pronouncement of the validity of regional sighting – when a proper system was already in place.

It is however extremely strange that Maulana and his devout followers have accepted Tobago’s sighting in order to celebrate Eid ul Fitr. Each and everyone of us know very well that Tobago is not ‘local’, it is regional. In fact from certain points, Venezuela is closer to Trinidad than Tobago. Literally and technically, Tobago’s sighting cannot be deemed as ‘strictly local sighting’. It is so because Tobago is separated by water to a distance of approximatey 26 miles. The only thing which joins us is the ‘Government’. If having the same government makes Tobago local, then the question will be asked, ‘Were we locals to England when Trinidad was ruled by the British,’ OR, ‘Were we locals to Spain when Trinidad was ruled by the Spaniards? Although Maulana Nasir may try to justify his (acceptance of regional sighting), by calling it local, we all know that it is not local.

Besides, the Darul Uloom has a moon committee in Tobago which is headed by Maulana Shareef Akhalwaya. We ask, ‘Is there any moon committee for Maulana Nasir in Tobago? What was the system he used to make his pronouncement? Which one of his four steps was in place for him to accept Tobago’s sighting? Readers should know that the moon was not sighted anywhere in Trindad. So we can say that the moon was not seen locally. If Tobago was ‘local’ then it would be correct to say ‘that the moon was seen in Trinidad, or, it was seen in Trinidad and Tobago’ But these statements are incorrect. An example of local is that if the moon was seen in Icacos, then we will say that the moon was seen in ‘Trinidad’ and we will not use Icacos as if it was separated from Trinidad. But this is not the case with Tobago.

In the end Maulana again misguides the muslim public by telling them that the 30th Ramadhan is the 29th Ramadhan. It is possible that he may celebrate Eid on the 2nd of Shawaal and not the 1st.

We ask Allah to open Maulana’s heart to the truth. And we ask Maulana to be sincere and honest in his writings.