Archive for the ‘Law’ Category

Dawn and Sehri/Suhur/Suhoor Timings Confusion for Ramadan in the UK 1430/2009

September 4, 2009

Bismillah. (Apologies that this is a little late, since half the month has passed, but it will still be useful insha’Allah.)

Much confusion has been caused by varying dawn timings on mosque timetables, even within the same UK city. Variation is caused by different fatwas on how low (as an angle, in degrees) the sun is below the horizon when dawn first breaks. The major fiqhi schools differ between 15 and 18 degrees.

The timings can vary by up to an hour. For example, in London: the East London Mosque (ELM) uses the rule of 15 degrees, I believe. The Regent’s Park Mosque (RPM) uses 17.5 or 18 degrees, following a fatwa from the World Fiqh Academy (al-Majamma’) based in Mecca.

The RPM timings are therefore much earlier than ELM, making the fast much longer. The Muslim World League (MWL) London uses RPM timings but subtracts another 10 minutes at the beginning of the fast, following the disputed, “cautious” method of imsak.

The MWL fast was thus *a whole hour* longer than the ELM one at the beginning of Ramadan this year, approximately 17 vs. 16 hours! The difference reduces to about half an hour by the end of the month, as the days shorten and the end of Ramadan coincides approximately with the autumn equinox.

At Tawhid Mosque (TM) in Leyton, we usually use a 90-minute rule for dawn and nightfall (before sunrise and after sunset, respectively) in working out prayer times throughout the year. For Ramadan, we’ve adjusted the dawn rule to 100 minutes, to be safe, but this is still slightly shorter than the ELM timings.

Only observations of dawn can settle this matter. A few nights before Ramadan, 18/19 August 2009, we had an exceptionally clear night in London. The stars and planets, especially Jupiter and Venus, were much clearer than is normal. I observed the dawn in the morning and first saw it above local rooftops at 4.27am. My estimate of dawn over the horizon, allowing also for light pollution, was between 4 and 4.20am. This was confirmed by Dr. Ameen Kamlana, observing simultaneously in Ashford, Kent. Timings that morning were: sunrise 5.49am (1-2 min variation possible), ELM dawn 4.03am, TM dawn around 4.11am with the 100-min rule.

I observed the dawn again this morning after another clear night. In fact, every time I have observed it around the UK over the years, the timing is close to the 15-degree or the 90-100-minute rules. Many other observers have also preferred the 15-degree timings, including (I think) Maulana Yaqoob Miftahi in Northern England and Refi Shafi (Abu Rumaysah) in High Wycombe.

The 17.5 or 18 degree timings are far too early in my view, indicating dawn when there is actually pitch darkness on the horizon. Perhaps the reason for this is that 18 degrees corresponds to the beginning/end of astronomical twilight, when even sensitive telescopes are unaffected by tiny amounts of scattered sunlight. However, this is not the same as dawn that is visible to the naked eye. Furthermore, as Ramadan moves through midsummer over the next few years, 18 degrees is not attained in most or all of the UK, so this method will provide no timings whatsoever.

Perhaps the jurists who issued the Majamma’ fatwa were wrongly advised about the nature of “first light” ? However, Dr. Musharraf Hussain of the Karimia once told me that 18 degrees is an established Hanafi position. Others, such as the imam of Brick Lane mosque, told me that 15 degrees is, too.

The Majamma’ perhaps needs to reconsider its ijtihad, which has another inconsistency: it uses a 17.5 degree rule equally for dawn and nightfall, although the majority of schools hold that the two are not symmetrical since they depend on white and red twilight, respectively. Imam Abu Hanifah, of course, held that they were symmetrical, both being white threads of dawn/twilight.

Summary: this is all a matter of ijtihad, so the public are free to follow their preferred authorities.

I advise brothers and sisters to observe the dawn and make up their own minds. 15 degree timings are perhaps preferable to 18 degree ones, especially since they make involve less hardship in the fast and seem to correspond far better with the dawn visible to the naked eye.

Note: several narrations in Tafsir Ibn Kathir have Companions/Successors describing the dawn breaking over the mountains of Mecca and Medina. This would indicate that there is no need to be obsessed with sea-level horizon timings, within reason. Allah asked us to begin fasting when the dawn becomes apparent. However, I have never found a good answer to a work colleague’s question, “What do Muslims do, who live in deep valleys?”

All the above is for discussion. Please contribute your views, observations, experiences, etc.

And Allah knows best!

TV programme – Moonsighting discussion

August 16, 2009

Bismillah. We just finished recording this, alhamdulillah.

It will be aired on Islam Channel (Sky 836 or http://www.islamchannel.tv) on Tuesday night God-willing, 18th August 2009, 10-11pm.

Panellists (with a studio audience):

Mohammad Ali (Islam Channel)
Qamar Uddin (ICOP)
Suliman Gani (Tooting Mosque)
Usama Hasan (Tawhid Mosque)

Chair: Ajmal Masroor

A good discussion I thought, more civilised and less heated than in previous years. I hope it will be beneficial in advancing public understanding of the issues involved.

Ramadan, Eid date for UK, 1430 (2009)

August 11, 2009

Bismillah. Please refer to my article, “A simple solution to the moonsighting problem,” first published in Emel magazine in 2007. It is available at the City Circle website (www.thecitycircle.com), under previous blogs – see August 2008. I may update it and post it here later, insha’Allah.

According to that simple methodology, the following are the dates for Ramadan and Eid this year.

First day of Ramadan 1430: Saturday 22 August 2009
(crescent easily visible throughout Australasia and Africa the previous evening)

Eid al-Fitr or first day of Shawwal 1430: Sunday 20 September 2009
(crescent easily visible throughout Southern African the previous evening)

Accordingly, Ramadan in the UK will have 29 days insha’Allah.

It seems that the European Council for Fatwa and Research (www.ecfr.org) has announced 1st Ramadan as 21st August. They seem to be basing this on astronomical conjunction as per Shaykh Ahmad Shakir’s fatwa. This is disappointing and goes against a good fatwa from the 1990’s by Sh. Abdullah al-Juday’, one of the ECFR scholars. In it, he said that hilal-sighting claims about a moon less than 12 hours old would be rejected “because the astronomers agree that a hilal less than 12 hours old cannot be sighted.”

Note that according to Dr. Steve Bell of HMNAO, the world-records for hilal-sightings are roughly 15 hours by naked eye and 12 hours by telescope.

Death Threats to Sayyid al-Qimni, Egyptian historian and thinker

August 4, 2009

Update: 5th August 2009

People have pointed out that Sheikh Ali Gomaa (who is Shaykh al-Azhar, not the Grand Mufti) is against the death penalty for apostates, so he can’t have encouraged killing Qimni.  It seems he may have been asked about Qimni and said that he was an apostate.  This might be insensitive, given what happened to Faraj Fouda & Nagib Mahfuz.

Similarly, it is unlikely that the Muslim Brotherhood would officially call for Qimni’s killing.  It has millions of supporters though, so some of them might have done.  It should also be pointed out that the MB has repeatedly suffered the arrest without charge of some of its members over the years, and this continued recently.  Egyptian society needs greater openness and justice.

The whole situation is actually a good opportunity for Al-Azhar, MB, Sh. Qaradawi and others to calm people down and show some maturity and wisdom, dialogue and engagement rather than rushing to death threats at the slightest whiff of heresy.  Surely the last thing Egypt and Islam need is another Faraj Fouda or Salman Rushdie situation?

With the Name of Allah

The secular, liberal Egyptian historian and thinker Sayyid al-Qimni, son of a traditionalist Azhari sheikh, has had serious death threats issued against him by many (mainly extremist) religious scholars in Egypt since the end of June, as detailed in his Appeal (below) which he describes as ” a distress call to all bodies and individuals, a call to the consciences of every free individual in the world.”

The latest threats to him seem to have been sparked by his being elected to receive the Egyptian State Award for Social Sciences on June 25th.

In particular, it is alleged that those who have declared that he is an apostate and should be killed (perhaps even by ordinary Egyptians, not just by the state) include:

1- The Muslim Brotherhood
2- Al-Azhar Scholars’ Front headed by Yahya Ismail Habloush
3- 5,000 mosque khatibs in their Friday sermons on July 24th
4- Sheikh Ali Gomaa himself (currently still the Shaykh Al-Azhar, as far as I know)

The situation of a polarisation between religious and secular currents in is repeated in different Muslim-majority countries, eg Pakistan, Turkey, North Africa, etc., so this case is symbolic of a much wider and deeper issue, of course.

Whatever we feel about his views (I think he’s too apologetic about the history of Jihad, for example, and he should not ridicule the Islamic practice of constant remembrance of God out of frustration with the religion-exploiters), clearly, the death threats are pathetic, appalling and totally unacceptable.

Now, our FCO and embassy in Cairo has been working with Sheikh Ali Gomaa and Al-Azhar over the last few years, and also recently hosted the charming Rector of Al-Azhar in the UK.  The Archbishop of Canterbury has also been working with Sheikh Gomaa – I was present last year at Cambridge University when they were the two main speakers at a “Common Word” event.  I also took part in the FCO Projecting British Islam delegation to Egypt last year, which is partly why the matter concerns me.

I’m therefore asking for your help in encouraging our friends in the following places to do the right thing in this regard (and praying to God that they do so, if appropriate!): i.e. to investigate the death-threats and to take appropriate steps to promote peaceful dialogue and debate, including between secularists and fundamentalists, believers and non-believers, etc.

1- The FCO, especially the Foreign Secretary
2- Our embassy in Cairo, as well as the embassies there of other influential countries
3- Al-Azhar University and its various affiliated institutions
4- The office of Sheikh Ali Gomaa
5- The Muslim Brotherhood
6- The office of Sheikh Yusuf al-Qaradawi.  Qimni is highly-critical of Qaradawi.  From what I know of Qaradawi, he is at least open and committed to dialogue with others, plus he has a less-hardline position on the alleged death-penalty for apostasy.  Therefore, perhaps he may be able to have a calming influence here.
7- Religious scholars and shaykhs generally, especially those with links to the UK & Egyptian governments and religious circles
8- Lambeth Palace & the office of Dr. Rowan Williams
9- Members of the “Common Word” initiative
10- Human rights organisations & lawyers

I would appreciate your advice, suggestions, help, prayers, etc.  Please publicise this matter and forward it to the relevant people.  I attach pertinent quotes and some weblinks below.


The Arabic Network For Human Rights Information:  Sayyed Alqimni’s Life Is At Stake Amidst An Extremist Campaign. Iftaa Council Declares War Against Free Enlightened Thought.

Abu Aardvark: The secularism debate.

Politics & Religion Blog: Egyptian Reformer Sayyid al-Qimni.

Egyptian Liberal Sayid Al-Qimni & London Islamist Hani Al-Sibai Debate Secularism & Fundamentalism in Arab World.

Sayyid al-Qimni’s blog (in Arabic)

Sayyid al-Qimni is on Facebook also, with that spelling.


This appeal can be found at the Copts’ website as well as at ME Transparent.

(I have edited it for what look like translation errors.  In particular, the Arabic takfir can mean both atonement and excommunication, but clearly the latter is meant throughout this appeal.  Also, salafi means fundamentalist or traditionalist in this context.)

AN APPEAL TO THE WORLD’S CONSCIENCE
From the Egyptian writer and academic researcher of Islamic Affairs, Dr. Sayed Mahmoud El Qemany, who is being exposed to incitements to assassinate him

Qimni photo
In the context of my academic research and practical work I have been able to provide an important set of motion in the stagnant Egyptian situation. I have attempted to make reforms from the inside and worked on the disarmament of those who exploit Islam politically and make it a source of livelihood at the expense of the simple, good people of Egypt. I have therefore created a secular movement that has imposed its presence, although still at a formative stage.

In a free ballot of Egyptian thinkers, I was granted the State Award for Social Sciences, on June 25th 2009. The hard-line radical militant groups considered that the state has adopted this intellectual secular trend officially, infuriating the mentioned group which called on the State to withdraw the prize with the declaration of my defection from Islam and excommunication which means in our country, I could be slain; any citizen is allowed to kill me and be awarded by God in Paradise.

The following parties have participated in the statements of excommunication (takfir), noting that none of them have read a single word of what I wrote, and have not been able to hold a dialogue to discuss my ideas:

1 – Al-Azhar Scholars Front headed by Yahya Ismail Habloush, which issued the first statement of excommunication on July 10, 2009.
2 – The Islamic Group (condemned terrorist group) issued a statement of excommunication on July 10, 2009.
3 – The Muslim Brotherhood hailed the excommunication, and were represented at the parliament by Hamdi Hassan requesting the withdrawal of the award and the declaration of religious-defection and excommunication on July 7, 2009. The Muslim Brotherhood also declared my excommunication on Mohwar Channel on July 11, 2009 and on Al Faraeen Channel on July 13, 2009.
4 – The Salafi (Fundamentalist) Group (condemned terrorist group) dedicated its Internet site named “The Egyptians” for excommunicating me and incitements to kill me, since the date of obtaining the prize until today.
5 – Al Nas channel, which represents the theoretical side of bloody terrorism which declared excommunication and demanded “all citizens who can” to kill me immediately, on July 24 and 25, 2009.
6 – The Hisbah Sheikh Youssef Al Badri in Egypt declared on the channel “ON TV” on July 3, 2009 that I have cursed God and the Prophet Mohammad in my books even though I have challenged him and others to refer to a single text written by me where such claims were made. Due to this proclamation, he has issued an incitement to kill me.
7 – A member of the Al-Azhar scholars, Sheikh Mohammed El Berry, on Mihwar TV Channel on July 11, 2009 announced my excommunication as he also said that he did not read any of my writings since he does not read “garbage”. He repeated the same words on the channel “ON TV” on July 22, 2009
8 – Sheikh Ali Gomaa, the former Chairman of the “State Religious Affairs Advisory Board”, issued a statement declaring my infidelity and calling for slaying me for “insulting the Prophet of Islam, the God of Islam” on July 24, 2009.
9 – The Sheiks of more than 5,000 mosques on Friday prayers on July 24, 2009 declared the incitement to kill me, especially in my hometown, which led to the rampage against my family and relatives, and that could possibly evolve to some serious consequences in the coming weeks.

Due to the above, I call upon the conscience of all humanity in the free world to come to me and my children’s rescue by providing moral support and the condemnation and denunciation of the radical thinking with quick solutions to save us from the danger that is luring around us.  This is a distress call to all bodies and individuals. A call to the consciences of every free individual in the world.

Signed
Sayed Mahmoud El Qemany- Researcher

================================

We, the Liberal Egyptian intellectuals, students, followers, readers and lovers of Dr. Sayed El Qemany call upon the officials to intervene to save our distinguished and respectable intellectual from the threats of radical Islamic movements who continue to incite to murder him, openly and publicly in mosques and on satellite channels, financed by those who exploit religion to serve their political agendas for nothing but their inability to hold a valid and a scientific argument with him and totally lost their minds over his being granted the State Award for Social Sciences, The fact that lead to their predicament that the state has adopted a secular ideology, which is synonymous with heresy and atheism in their ignorant minds.

We also urge the Press Syndicate to address the abuses of the fundamentalist brothers Mahmoud and Gamal Sultan as well as Jamal Abd al-Rahim against Dr. El Qemany inciting the general public to kill him. We call upon the Attorney General as well, to bring to justice those held accountable for incitement to kill an Egyptian citizen whose only crime was to use his mind.

LET’S ALL STAND UP TO THE FUNDAMENTALIST INQUISITION!

El Qemany’s Appeal About Sayyid al-Qimni Qemani text I (English) Qemani text II (English) Qimni – Azhar – Extremism Qimni – Muslim Brotherhood – civil society Qimny on Jihad attitudes

Cover snapshots of Qimni’s books:

Qimni book 1 Qimni book 2 Qimni book 3 Qimni book 4 Qimni book 5 Qimni book 6 Qimni book 7

Reflections on Moonsighting

August 2, 2009

1) This is the latest version of a presentation I’ve given at various places around the UK: Reflections on Moonsighting

2) A first-night, 32-hour-old crescent-sighting (plus Venus) from my back garden in London, Muharram 1428 / January 2007 (and hence signalling the start of a new Islamic year) can be seen in this YouTube video.

3) Here is an introductory course on Islamic astronomy, covering Qiblah, prayer times and moonsighting: An Introduction to Islamic Astronomy

4) Here is a presentation on similar subjects by Dr. Steve Bell of HM Nautical Almanac Office, and who is perhaps the UK’s top expert on such astronomical calculations (he also does all the calculations for Websurf and Moonwatch): London_2007Sept08

5) “The Correct Qiblah” – a paper by Kamal Abdali: qibla paper

The Moonsighting Controversy: Can Eid al-Adha be separated from the Hajj?

July 14, 2009

Is Eid-ul-Adha connected with the Hajj

In past years, the Saudi announcements for the dates of Eid have been heavily criticised by Muslim astronomers.  Many scholars argue that Muslims around the world are not obliged to celebrate Eid al-Adha the day after the Day of Arafat during the Hajj in present-day Saudi Arabia.  This 10-page article by Hood Bradford discusses the issue, with useful quotes from classical and contemporary jurists.

CONTENTS

1. DETERMINING THE ISLAMIC CALENDAR: GLOBAL VS. REGIONAL SIGHTING
2. DETERMINING THE ISLAMIC CALENDAR: USING ASTRONOMY AND CALCULATIONS
3. EVIDENCE FOR ARAFAH BEING THE DAY THE PEOPLE STAND AT ARAFAH AND EID AL ADHAA COINCIDING WITH THE STONING OF THE JAMARAAT
4. PRAYING WITH THE REST OF THE MUSLIMS IN THE COMMUNITY
5. RUDENESS AND SPEAKING BAD OF OTHERS FOR FOLLOWING AN ISSUE WHICH THERE IS LEGITMATE DIFFERENCE OF OPINION

Ibn Taymiyyah on Fasting and Moonsighting

July 14, 2009

Ibn Taymiyyah – Fasting and Moonsighting v1 (16 pages including commentary by Usama Hasan)

From the Collected Fatwas of Ibn Taymiyyah (Majmu’ Fatawa Shaykh al-Islam Ibn Taymiyyah), ed. ‘Abd al-Rahman b. Qasim and his son Muhammad, Riyadh, 1398 H, vol. 25 (vol. 5 of the Fiqh Section), pp. 98-113.

TABLE OF CONTENTS

1 Fasting on the day when it might or might not be the first of Ramadan
1.1 Caution in legal matters
1.2 Does the hilal exist only when it is visible, or does it have an independent existence?

2 How far geographically is a hilal-sighting valid?

2.1 The impact of knowledge and communication constraints on this matter
2.2 Travelling to a place where Ramadan began on a different day
2.3 The importance of information in this matter
2.4 The meaning of “hilal”
2.5 Summary of the discussion so far
2.6 A further discussion about the hilal and the Hajj

An Introduction to the Moonsighting Controversy

July 14, 2009

Introduction to Moonsighting Controversy

A good 10-page summary of the main issues, by Rukhsana Begum.

A Balanced Islamic View on Music and Singing

June 14, 2009

A BALANCED ISLAMIC VIEW ON MUSIC AND SINGING

Bismillah.  Based largely on the book by Sh. ‘Abdullah Yusuf al-Juday’

Friday Sermons in Non-Arabic Languages

June 7, 2009

Almost unbelievably, many traditional scholars, even in Western and other non-Arab lands, still hold that the Friday sermon must be given entirely in Arabic, and (for some) that the Friday prayers are invalid otherwise!  Here is a very concise fatwa from the late Shaykh Ibn Baz of Saudi Arabia that confirms a more reasonable and common-sense position, i.e. that the Friday sermon must be understandable to the audience and therefore must be given in whichever language or language(s) that helps to achieve this aim.

In 1998 while I was living in Portsmouth, I had a discussion with some traditionally-trained imams and khatibs from the Indian sub-continent over this issue.  They were adamant that it was not permitted to use a language other than Arabic in the Friday sermon.

I also have in my possession a published fatwa of the respected Mufti Taqi Usmani of Pakistan supporting the latter view based on the Hanafi and other schools of law.  He even says in this fatwa that “the purpose of the Friday sermon is not to remind or admonish, but for the community to hear a recited Arabic sermon” (my paraphrase).  To me, this is excessive traditionalism that is utterly unreasonable, and based on merely copying fathers and forefathers.  However, that is an old fatwa and I do hope that the esteemed Shaykh Taqi Usmani has moved on from it or retracted it.  Does anyone know if he has?

Of course, those who stick to Arabic-only khutbahs in non-Arabic congregations usually have a discourse (bayan) beforehand in English, Urdu, Bengali or other local language.  This serves the purpose of teaching and admonition, but the rules of the sermon (khutbah) do not apply: e.g. people can talk amongst themselves during the discourse and do not have to listen attentively.  Sidi Ahmad Thomson once told me that another method they used to use at the Ihsan Mosque in Norwich was for the sermon to be Arabic-only but that it was translated into English after the prayer, because they thought Maliki law prohibited non-Arabic sermons.  Those who wished to understand what was said would therefore need to stay for another session after the sermon and prayer.  I firmly believe that the best method, and the one closest to the Sunnah (in its spirit, without dry legalism or madhhabism) is to combine Arabic (especially for quoting the Qur’an, Hadith, etc.) with the local language(s), and that is the method we have employed at Tawhid Mosque ever since it was founded in the 1980’s.  Regent’s Park Mosque have always used this method also, ever since I can remember attending Friday prayers there as a child in the 1970’s.
Remember, the issue of Latin-only Bibles and Sunday Masses vs. local languages was one of the issues during the Christian Reformation.  Deja vu?
Friday sermons in non-Arabic languages