Darul Ifta Darul Uloom Karachi Response to An Objection on the Fatwa of Hazrat Hakim al-Ummah Thanwi rahimahullah Regarding the Validity of Moonsighting Through Optical Aids

Attached is the detailed fatwa from Darul Ifta, Darul Uloom Karachi, Fatwa #: 20/2569 issued by Shaikhul Islam Mufti Taqi Usmani (Damat Barakatuhum) regarding the validity of moonsighting using optical aids. Below is a concise summary of the key points. Ulama kiram are encouraged to review the full fatwa for comprehensive understanding.

*Key Points from the Fatwa on Moonsighting Using Optical Aids*

*1. Ruling on Optical Aids in Moonsighting:*

The use of optical aids, such as binoculars or telescopes, for moonsighting is valid in Shariah, as these instruments merely enhance human vision by magnifying the actual light from the crescent.

Such a sighting is only possible when the crescent is physically above the horizon and a portion of its surface facing the earth is illuminated.

However, if an instrument artificially generates an image or detects the moon through extraordinary means (e.g., projecting an image or identifying the moon below the horizon), it is not considered a valid sighting under Shariah.

*2. Reflection and Refraction in Moonsighting:*

Shariah does not require direct, unaided vision for moonsighting, nor does the presence of distortions invalidate a sighting, as the Hadith only stipulates "actual sighting of the moon."

Optical aids operate through refraction or reflection, and although classical Hanafi jurists did not explicitly discuss these mechanisms in the context of lunar month commencement, they have validated sighting via refractive means in other rulings.

From a physics perspective, human vision occurs when light rays reflect off an object and enter the eyes. Optical aids work on the same principle, directing the same light rays through lenses before they reach the observer’s eyes. Thus, the ruling remains unchanged whether an optical aid is used or not.

*3. Differentiation from Other Juristic Rulings:*

Some juristic discussions, such as khiyar al-ru’yah (the right of revocation upon seeing a purchased item) or hurmatul musaharah (prohibition due to physical contact), involve exceptions where reflections do not carry the same ruling as direct sight.

However, in these cases, the issue is not the validity of the sighting itself but other external legal considerations. Since moonsighting via optical aids fulfills the Hadith’s criterion and has no external impediment, it remains valid.

*4. Historical and Scholarly Consensus:*

The validity of moonsighting with optical aids is not a novel or isolated opinion.

Around four and a half years before Hazrat Maulana Ashraf Ali Thanwi’s fatwa, Grand Mufti Muhammad Bikheet Mutee’i of Egypt affirmed the same ruling, arguing that optical aids function similarly to eyeglasses in enhancing vision.

Numerous scholars, including members of Majlis Hai’ah Kibar al-Ulama and Majma’ Fiqh al-Islami, as well as Sheikh Bin Baz and Sheikh Ibn Uthaymeen, have also endorsed moonsighting through optical aids.

Many scholars, both before and after Hazrat Thanwi (rahimahullah), arrived at this conclusion independently. Accusing them of merely copying his fatwa disregards their individual research and analysis. Furthermore, the fiqhi principle that transcription errors can be blindly copied does not apply here, as each ruling was based on fresh examination of evidence.

*5. Optical Aids vs. Eyeglasses – Clarifying the Argument:*

The ruling on optical aids is not based on an analogy (qiyas) with eyeglasses but rather on the principle that the Hadith requires "actual sighting of the moon itself," which optical aids facilitate.

Hazrat Thanwi’s mention of eyeglasses was not to draw an analogy but to highlight a precedent (nazeer)—both eyeglasses and optical aids enhance vision without invalidating what is seen.

Additionally, hyperopia eyeglasses and refractive optical aids both utilize convex lenses to improve vision, reinforcing the validity of using such tools in moonsighting.

*6. Shariah vs. Astronomical Calculations:*

According to Shariah, the Islamic month begins with the first confirmed sighting of the moon, irrespective of astronomical calculations predicting its visibility.

As long as a reported sighting meets the conditions of Shahadah Shar’iyyah (legal testimony), it is valid for determining the start of the new month.