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Khalid Chraibi

Selected writings in English (up to July


2010)
4 articles I initially wrote for « SaudiDebate.com » have been published by Columbia
University Press in the book below :

The Kingdom : Saudi Arabia and the


Challenge of the 21st Century
(Columbia University Press/Hurst) [Hardcover] 2009-10

Mark Huband (Editor), Joshua Craze (Editor)

Price: $50.00

1
From the Table of contents of “the
Kingdom” : Page

Women cite Quranic rights as Muslim 290(5)


modernists use law to confront culture of
oppression
Khalid Chraibi
Wife beaters set the tone as backward Imams 295(4)
threaten to overwhelm 21st Century Muslims
Mona Eltahawy
Elites crush cultural variety as silencing 299(5)
of Arab voices adds to risk of religious
intolerance
Saad Sowayan
Mixed message on `riba' leaves Muslims 304(4)
trapped between usurers and lenders
Khalid Chraibi
Pope and people must understand truth of 308(4)
Quranic teachings on jihad and religious
freedom
Khalid Chraibi
Families stop Arab women achieving real 312(3)
potential
Mona Eltahawy
Confusion over image and reality leaves 315(4)
Saudi critics chasing their private
illusions
Abdul Aziz Al-Khedr
Extremists cannot claim Quranic 319
justification for violence despite proud
boasts of `jihadis'
Khalid Chraibi

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Table des matières
Khalid Chraibi......................................................................................................................................... 1
Selected writings in English (up to July 2010)......................................................................................... 1
The Kingdom : Saudi Arabia and the Challenge of the 21st Century......................................................1
(Columbia University Press/Hurst) [Hardcover] 2009-10.....................................................................1
From the Table of contents of “the Kingdom” : Page..............................................2
Women cite Qu’ranic rights as Muslim modernists use law to confront culture of oppression ...............5
Mixed message on 'riba' leaves Muslims trapped between usurers and lenders ...................................9
Pope and people must understand truth of Qu’ranic teachings on jihad and religious freedom ...........12
Extremists cannot claim Koranic justification for violence despite proud boasts of ‘jihadis’ .................16
It is time for the Islamic world to replace lunar uncertainty with scientific facts ....................................20
Saudi judge ignores Quranic rights in harsh decision over the ‘Girl of Qatif’ ........................................25
tabsir.net............................................................................................................................................... 29
Issues in the Islamic Calendar.............................................................................................................. 29
Can the Umm al Qura calendar serve as a global Islamic calendar?....................................................36
tabsir.net............................................................................................................................................... 39
Reforming Islamic family law within the religious framework: the « best practices » strategy
.............................................................................................................................................................. 39
Wikipedia Encyclopedia (unsigned article)...........................................................................................43
"Misyar" marriage ................................................................................................................................ 43
Wikipedia Encyclopedia (unsigned article)...........................................................................................51
Islamic calendar.................................................................................................................................... 51
Contents.......................................................................................................................................... 52
[edit] Months.................................................................................................................................... 52
[edit] Days of the week..................................................................................................................... 53
[edit] History..................................................................................................................................... 53
[edit] Pre-Islamic calendar.......................................................................................................... 53
[edit] Prohibiting Nasi.................................................................................................................. 54
[edit] Numbering the years............................................................................................................... 55
[edit] Astronomical considerations................................................................................................... 55
[edit] Theological considerations..................................................................................................... 56
[edit] Saudi Arabia's Umm al-Qura calendar....................................................................................56
[edit] Tabular Islamic calendar......................................................................................................... 57
[edit] Kuwaiti algorithm..................................................................................................................... 57

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[edit] Notable dates.......................................................................................................................... 57
[edit] Current correlations................................................................................................................ 57
[edit] Uses........................................................................................................................................ 58
[edit] See also.................................................................................................................................. 59
[edit] References.............................................................................................................................. 59
[edit] External links........................................................................................................................... 60
[edit] Date converters....................................................................................................................... 61
Wikipedia Encyclopedia........................................................................................................................ 62
Calendrier musulman............................................................................................................................ 62
Sommaire........................................................................................................................................ 62
Histoire [modifier]............................................................................................................................. 63
Calendriers préislamiques [modifier].......................................................................................... 63
Interdiction des mois intercalaires [modifier]...............................................................................63
Spécificités [modifier]....................................................................................................................... 63
Variantes [modifier].......................................................................................................................... 64
Comprendre le calendrier musulman [modifier]...............................................................................64
L’astronome et le calendrier [modifier]............................................................................................. 64
Le ‘alem et le calendrier [modifier]................................................................................................... 65
L’opinion juridique du cadi Shakir [modifier]....................................................................................66
La décision du Conseil du Fiqh d’Amérique du Nord (CFAN) [modifier]..........................................67
Vers un calendrier islamique universel aux paramètres du calendrier saoudien d'Umm al Qura ?
[modifier].......................................................................................................................................... 68
La confrontation rituelle entre les traditions et la modernité [modifier].............................................68
Notes et références [modifier].......................................................................................................... 69
Voir aussi [modifier]......................................................................................................................... 70
Liens externes [modifier].................................................................................................................. 70

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Khalid Chraibi - SaudiDebate.com
Muslim society issues - Islamic law –

Women cite Qu’ranic rights as Muslim


modernists use law to confront culture of
oppression
Monday, 02 April 2007

By Khalid Chraibi

The status of Arab women underwent a drastic change in the 7th Century, with the advent of Islam.
The new faith liberated them from a situation of tutelage and granted them their full share of rights and
responsibilities within Muslim society. The part they played in family life and in the community
increased markedly, as they acquired the right to inherit property, conduct business, and have access
to knowledge.

But these rights, to this day, aren’t properly implemented in many communities, and the issue of
women’s rights continues to be at the center of a controversy in many countries. Thus, associations
handling the cases of women in difficult situations describe innumerable instances of oppression,
exploitation or mistreatment, with many women living under the threat of repudiation, polygamy,
domestic violence, “honour” killings, and the like. At work, women suffer from discriminatory practices
with regard to employment status, pay scales, responsibilities, promotion, not to mention sexual
harassment.

In recent years, women’s rights have further deteriorated in various areas of the world, as extremist
groups have become increasingly influential in the political and legislative life of different African and

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Asian countries. The Taliban regime in Afghanistan illustrated this development, imposing strict
segregation between the sexes, compelling women to wear a burqa covering them from head to toe,
denying them the right to education and to adequate health care, and preventing them from work. It
also instituted lashings and amputations as forms of corporal punishment.

But the experience of Afghanistan’s women under the Taliban was in no way unique, as Zainah Anwar
wrote of Malaysia : “New shari’a criminal laws were passed [in the 1990s in Malaysia], designed to
ensure that the Muslim lifestyle does not transgress Islamic teachings. New offences were created,
and moral surveillance, strict enforcement and more severe punishment of Muslims were introduced.
The Islamic Family Law, one of the most enlightened personal status laws in the Muslim world, was
amended to make divorce and polygamy easier for men, and reduce men’s financial responsibilities
towards women.”

Women reading the Shari’ah


Until these developments, women's associations throughout the Muslim world had given high priority
to putting pressure on Governments to implement the UN-sponsored international conventions these
countries had signed, concerning human rights in general, and women's rights in particular. They also
wanted them to withdraw the reservations they had expressed on signing these conventions
concerning various provisions – on the grounds that they “conflict with religion” – since the reservations
had the effect of diluting much of the conventions’ usefulness.

The changed conditions in the Muslim world led these associations to redefine their priorities and to
include a serious study of the Shari’ah, in order to determine for themselves what it really said, with the
objective of developing new tools to oppose the repressive new laws, policies and amendments to
existing laws that were being introduced by Islamic groups.

Says Nora Murat, from Malaysia’s Sisters in Islam organisation: “If, as believers, we want to live a life
according to the tenets of our faith, a simplistic call to return to an idealised golden age of Islam, that
has little bearing on the realities of today’s world, cannot be the answer. And yet the answers can be
found within our faith - if only we have the intellectual vigour, the moral courage, and the political will to
strive for a more enlightened and progressive interpretation of the Qur’an in our search for answers.
For us in Sisters in Islam, this is not heretical; rather it is imperative, if religion is to be relevant to our
lives today.”

Women's associations were further motivated in their study of the Qu’ran and Sunnah by the
realization, in the words of Pakistan’s Riffat Hassan, that “there was a big gap in what the Qu’ran was
saying about women’s rights and what was actually happening in Muslim culture. So, one has to
distinguish between Qu’ranic text and the Islamic tradition. The interpretation of the Qu’ran from the
earliest times till now has been done almost entirely by men. It was also done in a male-dominated
patriarchal culture. So the Qu’ran was interpreted through a male-centric cultural lens—which obviously
has affected women’s rights.”

Women’s study of the Shari’ah convinced many of them, in the words of Nigeria’s Ayesha Imam, of the
need “to distinguish between Islam – the way of Allah – on the one hand, and, what Muslims do – those
who believe in Islam and attempt to practice it – on the other”. In a paper entitled “Women's rights in
Muslim laws”, she explains: “Islam is not questioned. But, what Muslims (human fallible people) make
of Islam can be”.

She observes that, though religious laws draw their inspiration from the divine, they are not the same
as divine laws. They “do rely on human agency to elaborate, implement and enforce them”. She
explains that, in many situations, even the experts do not agree on the definitive meaning of verses in
the Qu’ran. Moreover, it is admitted that “many hadith (accounts of the life of the Prophet) are
apocryphal, motivated by inter-sect and dynastic rivalries”. Several hadiths of this type seem to have
had as their principal aim to put restrictions on women’s rights, although they do not fit with surahs
(chapters) in the Qu’ran or with other hadith.

Ms. Imam adds that many people believe the shari’ah to be the same everywhere, throughout the
Muslim world. But the fact is that it varies significantly from one country to another, as well as over

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time. The existence of four main schools of Shari’ah in the Sunni tradition illustrates the diversity of
interpretations. The founders of these schools themselves declared emphatically, and repeatedly, that
their views should not be considered as final or binding on all Muslims. So, “refusing further ijtihad
(personal reflection) is not a religious or divinely sanctioned act. It is not required in the Qu’ran or by
the Sunnah. To the contrary, both the Qu’ran and hadith refer approvingly to thinking, reasoning and
diversity of opinion”.

Though Ms. Imam’s analysis may come as a surprise to readers who have been raised in the belief of
the singularity of Shari’ah in Muslim countries, the facts suggest otherwise, as is easily verified by a
comparison of current Personal Muslim Law in various countries.

Personal Muslim Law also undergoes important changes over time within the same country, as
illustrated, for example, by the evolution of family law in Egypt in the 20th Century. The reform of
Morocco’s Family Law in 2004 illustrates, for its part, the considerable change in women’s rights that
can be achieved over time, through a progressive, but faithful and equitable implementation of the
provisions of the Shari’ah.

Change within the religious framework


Morocco’s Moudawana (Personal Status Law) of 1957, though relatively modern and equitable in
many respects, showed a clear conservative bias in its interpretation of many provisions of the
Shari’ah, putting several undue restrictions on women’s rights. The network of Moroccan women
associations fought for a half-century to obtain its reform.

In methodological terms, the revision was to be based on a very attentive reading of the Shari’ah,
taking into account as faithfully, as fully and equitably as possible, all relevant surahs and hadiths
applicable to every aspect of Muslim personal law. Nevertheless, a major controversy developed
around the project, between modernist groups and conservative political forces, jeopardizing the whole
operation, which was only saved through the personal intervention of King Mohamed VI.

Acting as Amir al-Moumineen (Commander of the Faithful), and assisted with the advice of the Council
of Ulama, the King of Morocco had the final say on how to resolve difficulties of a religious nature, and
he provided detailed explanations to Parliament on the choices he made. The Parliament had the final
say on non-religious issues.

The reformed Family Law came into effect in 2004. Among other things, it makes the family the joint
responsibility of both spouses, rescinding the wife’s duty of obedience to her husband. It allows women
to be their own guardians, and raises the minimum age of marriage for women to eighteen years. It
puts prohibitive restrictions on polygamy, by requiring the consent of the first wife, the notification of
the second wife of the existence of the first one, and a judge’s consent to the second marriage – which
may be granted if he is satisfied that the husband will grant equal status to each wife, in every respect.
The Law makes polygamy grounds for divorce by the first wife, and promotes the use of a marriage
contract to exclude the possibility of a second marriage by the husband. It puts repudiation under strict
judicial control, and requires an equitable distribution of the couple’s assets before a divorce can be
final.

The Moroccan Family Law of 2004 may have its shortcomings, but it is unquestionably rooted in the
Shari’ah, in every respect. Nevertheless, thanks to a more modern interpretation of the stipulations of
the Shari’ah, it affords a considerable progress in the situation of women in Morocco.

Who decides what is Islamic?


Most womens’ associations working in the field of women’s rights understand fully, today, the
usefulness of the strategy of change within the religious framework. Having drawn the lessons of past
experiences, they are better prepared to confront the real issues. This shows clearly in the following
observations by women working in the field.

Asks Zainah Anwar: “If Islam is to be used as a source of law and public policy to govern the public

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and private lives of citizens, then the question of who decides what is Islamic and what is not, is of
paramount importance. What are the implications for democratic governance when only a small,
exclusive group of people is accorded the right to interpret the Text and codify it? Particularly when
they do so very often in a manner that isolates the Text from the socio-historical context in which it was
revealed, isolates classical juristic opinion from the socio-historical context of the lives of the founding
jurists of Islam, and isolates the Text from the context of contemporary society.”

Adds Nora Murat: “Knowledge that the Qur’an supports the universal values of equality, justice and a
life of dignity for women, gives us the courage and conviction to stand up and argue with those who
support discrimination against women in the name of religion. It is this knowledge that gives us the
confidence to tell them that there are alternative views on the subject and that their obscurantist view,
which discriminates against women, is not the only view in Islam.”

References:
Zainah Anwar: Islamisation and its impact on laws and law making process in Malaysia
Nora Murat: Sisters in Islam: Advocacy for change from within the religious framework
Riffat Hassan: Interview by Samina Ibrahim, Newsline, Karachi, April 2001
Ayesha Imam: Women's rights in Muslim laws
Morocco: Family Law 2004

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Khalid Chraibi - SaudiDebate.com
Muslim society issues - Islamic law –

Mixed message on 'riba' leaves Muslims


trapped between usurers and lenders
Tuesday, 24 April 2007

By Khalid Chraibi
The question put to scholar Yusuf al-Qaradawi at a youth gathering in Morocco, in the summer of
2006, was innocuous enough: in the absence of Islamic banking in Morocco, is it licit for a Moroccan to
take an interest-bearing loan from a conventional bank to buy a home?

Al-Qaradawi referred his audience to a ruling by the European Council for Fatwa, which authorized
Muslim minorities living in Europe, with no access to Islamic banking, to take such a loan, based on
the rule that: “Necessity allows the use of what is illicit” ( addarouratou toubihou al mahdhourat ).

He added that, since the Moroccans had no possibility to buy a home except through the conventional
banking system, their situation was comparable to that of Muslim minorities living in countries in which
Islamic banking was not the norm. The ruling applicable to the latter was also applicable to them.

Al-Qaradawi’s fatwa raises the issue of the compliance of modern banking with the shari’ah, a subject
of continuing controversy between traditionalist and modernist religious thinkers.

Between usury and interest

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Modern banking is inextricably linked with interest, which many contemporary Muslims associate with
riba. Since the Qur’an prohibits riba, explicitly and unequivocally, they are convinced that modern
banking activities are “illicit”. But the definition of riba is elusive. For centuries, the ulema have been
faced with the difficult challenge of sorting out, generation after generation, what the riba prohibition
should apply to, and they have not reached any consensus on this matter to this day.

Of course, the ulema agree that riba refers, in the first place, to usury, i.e. “the lending of money with
an exorbitant interest charge for its use”. But a majority of ulema consider that riba also refers, in a
second meaning, to “interest under all its forms”. This was the position of al-Azhar’s Research Council
when it ruled, in 1965: “Interest on all types of loans is forbidden Riba. There is no difference in this
regard between so called consumption and production loans. Moreover, Riba is forbidden (haram) in
small as well as large quantities, whether it is effected through time deposits, demand (or checking)
deposits, or any interest-bearing loan contract. All such dealings are among the forbidden Riba”.

This was also the position upheld, more recently, by the Islamic Fiqh Academy (IFA), an affiliate of the
Organization of Islamic Conference, which was established by its 43 member States to try to develop
an Islamic consensus about just such complex fiqh issues. In a 1985 resolution, IFA stated: “Any
increase or interest on a debt which has matured, in return for an extension of the maturity date, in
case the borrower is unable to pay ; and the increase (or interest) on the loan at the inception of its
agreement, are both forms of usury, which is prohibited under Shari’ah.”

Under this definition, conventional banking operations are all “illicit”, because they incorporate interest,
i.e. “a charge for borrowed money, generally a percentage of the amount borrowed”. But, modern
financial activities differ in kind from anything that existed at the time of Revelation. One may wonder,
therefore, with Abdullah Yusuf Ali, about the legitimacy of extending to them the riba prohibition, based
on “qiyas” and “ijtihad”.
Says Ali, best known for his classic translation of the Qur’an into English: “Our Ulema, ancient and
modern, have worked out a great body of literature on Usury, based mainly on economic conditions as
they existed at the rise of Islam. I agree with them on the main principles, but respectfully differ from
them on the definition of Usury… My definition would include profiteering of all kinds, but exclude
economic credit, the creature of modern banking and finance.”

Modern banking structures and financial instruments were introduced in Muslim countries at the time of
their occupation by foreign Western powers, in the 19th and 20th Centuries. When Islamic jurists saw
how these modern banking institutions and their assorted financial tools were used to develop the
national economy, they understood the positive role that interest could play in modern society. They
realized that its total prohibition in economic and financial dealings could conflict with society’s
economic and social needs and aims, and could hamper the country’s development.

The voices of al-Azhar

For these reasons, from the 19th Century on, Egyptian Grand Muftis and Sheikhs of al-Azhar, as well
as numerous religious leaders in various Muslim countries, have been earnestly looking for ways and
means to convert the total prohibition of interest into a selective one, in order to reconcile the prevailing
definition of riba with the economic and financial requirements of modern society.

Muhammad Abduh, the mufti of Egypt and Sheikh of al-Azhar, was a pioneer in this field, when he
wrote a fatwa to the effect that interest paid by the Egyptian Post Office on “personal savings
accounts” was lawful.

He also explained to the readers of “al-Manar” that the use of interest could be quite licit in some
financial dealings, and have nothing to do with a riba situation. He wrote: “When one gives his money
to another for investment, and payment of a known profit, this does not constitute the definitely
forbidden Riba, regardless of the pre-specified profit rate… This type of transaction is beneficial both to
the investor and the entrepreneur. In contrast, Riba harms one for no fault other than being in need,
and benefits another for no work except greed and hardness of heart. The two types of dealings
cannot possibly have the same legal status (hokum).”

Another Sheikh of al-Azhar, Mahmud Shaltut, wrote a fatwa in which he declared that interest paid on

10
State bonds was licit, when issued by the State to meet public needs, and to further the country’s
economic development. He even asserted that any transaction which was offered by the State, with a
fixed interest in advance, was licit, since there was no exploitation of either party in such cases.

Muhammad Sayyed Tantawi, the present Sheikh of al-Azhar, though a traditional, orthodox scholar,
worked for decades along the same lines as his predecessors, to try to disentangle interest from riba.
As Grand Mufti of Egypt (1986-96), he ruled that fixed interests on bank deposits were “halal”, even
suggesting that the legal terminology used for bank interest and bank accounts be changed, to avoid
their assimilation to riba.

Furthermore, in 2002, the ulema of Al-Azhar, working under Tantawi’s direction, revised the 1965
stand of the institution on riba. They approved a fatwa which stated that “investing funds with banks
that pre-specify profits or returns is permissible, and there is no harm therein.” For Tantawi: “…the bank
investing the money for a pre-specified profit becomes a hired worker for the investors, who thus
accept the amount the bank gives them as their profits, and all the excess profits (whatever they may
be) are thus deemed the bank’s wages. Therefore, this dealing is devoid of riba.” He adds : “We do not
find any Canonical Text, or convincing analogy, that forbids pre-specification of profits, as long as
there is mutual consent.”

Bankers and shari’ah

One could quote many other efforts by distinguished Muslim jurists, aiming at separating interest from
riba. For instance, Abd al Mun’im Al Nimr, a former Minister of Awqaf in Egypt, explained in a 1989
article that the prohibition of riba was essentially justified by the harm caused to the debtor. Therefore,
since there was no harm caused to depositors in banks, the prohibition of riba did not apply to bank
deposits.

Explains Nasr Farid Wasil, Tantawi’s successor as Grand Mufti of Egypt: “So long as banks invest the
money in permissible venues (halal), then the transaction is permissible (halal)... The issue is an
investment from money. Otherwise, it is forbidden (haram)...” He adds: “There is no such thing as an
Islamic or non Islamic bank. So let us stop this controversy about bank interest.”

The banking debate revolves, therefore, essentially, around the definition of riba. A conservative
definition of riba equates it with banking interest. On that basis, modern banking systems in Muslim
countries are described as “illicit”, because they use interest in their operations.

But, according to a number of Grand Muftis of Egypt, and Sheikhs of Al-Azhar, this is an outdated view
of the banking issue. In their opinion, riba should be equated with usury only. Since modern banking
does not use usury in its operations, it is not concerned with the riba issue, and raises no problem of
compliance with the shari’ah.

Explains Moroccan law professor Ahmed Khamlichi, in this respect: “The ulema don’t have the
monopoly of interpretation of the shari’ah. Of course, they must rank high in consultations on shari’ah
issues. [But] they don’t make the religious law, in the same way that it’s not the law professors who
make the law, but the parliaments”.

Sovereign States have promulgated their own national codes, whose contents take into account the
specifics of the country, which may differ considerably from one country to another, and over time. One
shouldn’t be surprised, therefore, to discover that what’s licit in one country may be considered as illicit
in another, and that the items in these categories may also change over time. The important thing to
remember is that, in each country, it is the law of the land which applies, as defined by its national
institutions. That’s what’s “licit” in that particular country, at that particular time.

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Khalid Chraibi - SaudiDebate.com
Muslim society issues - Islamic law –

Pope and people must understand truth of


Qu’ranic teachings on jihad and religious
freedom
Thursday, 07 June 2007

By Khalid Chraibi
In his Regensburg lecture of September 12, 2006 Pope Benedict XVI argued that Islam, contrary to
Christianity, had resorted to violence and coercion to spread its faith (1). Quoting a long-forgotten 14th
century Byzantine emperor in support of his argument, the Pope commented: "The emperor must have
known that surah 2 : 256 reads: "There is no compulsion in religion". It is one of the surahs of the early
period, when Muhammad was still powerless and under threat. But naturally the emperor also knew
the instructions, developed later and recorded in the Qur'an, concerning holy war."

The Pope then quoted the emperor as saying: "Show me just what Muhammad brought that was new,
and there you will find things only evil and inhuman, such as his command to spread by the sword the
faith he preached".

12
The Pope's derogatory remarks offended the Muslim community worldwide. Many media analysts saw
in it the clear imprint of the Vatican's campaign to disparage Islam, in order to counter its progress in
developing countries.

The ulamas criticized the Pope for misrepresenting the facts concerning the Qur'anic verses he
quoted, and for being clearly prejudiced in his discussion of Islamic thought and history.

They reminded him that the principle of religious freedom was enunciated in numerous Qur'anic
verses, none of which was ever abrogated. Moreover, the Qur'an only prescribed Jihad to the Muslims
as a defensive war to protect themselves and their faith when under attack.

The incident provided an opportunity for Muslims and non-Muslims alike to acquaint themselves with
the Qur'an's real stand on the issue of religious freedom.

The Qur'an proclaims the principle of religious freedom not in one, but in a multiplicity of verses,
interspersed in many surahs, usually in the context of the discussion of the Messenger's mission. The
description of the latter sets out its scope, limits and contents, with indications as to how it is to be
carried out, and how the Messenger is to deal with a variety of issues, including his nearest kinsmen,
the People of the Book, the polytheists, etc. (2)

According to this description, the Messenger's main function is to convey the Lord's Message, to
expound openly what he has been commanded and to give a clear warning to the people. He is "to
invite all to the Way of the Lord with wisdom and beautiful preaching; and argue with them in ways that
are best and most gracious."

But, he is not set over people to arrange their affairs, and is not to overawe them by force. He can
admonish them but, if they disobey him, he is to leave them alone, to their own choice. "Let him who
will, believe, and let him who will, reject (it)." Or again: "Everyone acts according to his own
disposition." "Those who receive Guidance, do so for the good of their own souls; those who stray, do
so to their own loss."

This point is so important in the Qur'anic message that it is reiterated on several occasions, using
different wordings: "If people accept guidance, they do it for the good of their own souls, and if any
stray, the Messenger is only a Warner."

"If any will see, it will be for [the good of] his own soul; if any will be blind, it will be to his own [harm]:
the Messenger is not [here] to watch over their doings." Thus, if he discusses the Lord's Message with
People of the Book and they dispute with him, the Messenger is to say to them: "Allah is our Lord and
your Lord: for us [is the responsibility for] our deeds, and for you for your deeds, there is no contention
between us and you."

Similarly, "If people argue with him, dispute with him, charge him with falsehood, he is to say: ‘My work
to me, and yours to you! Ye are free from responsibility for what I do and I for what ye do!'" In such
situations, the Messenger is "to turn away from them, have patience with what they say, and leave
them with noble [dignity]."

The Messenger is repeatedly reminded that: "If it were Allah's Will, He could gather people together
unto true guidance."

"If it had been Allah's Plan, they would not have taken false gods: but the Lord did not send the
Messenger to watch over their doings, nor is he set over them to dispose of their affairs."

The reason for the existence of religious freedom is explained in the following way: "If Allah had so
willed, He would have made mankind a single People, but [His plan is] to test them in what He hath
given them; so they must strive as in a race in all virtues."

On one occasion, the Messenger is admonished in the following terms: "If it had been the Lord's Will,
they would all have believed, all who are on earth! Wilt thou then compel mankind, against their will, to
believe!" The most-often quoted verse reads: "Let there be no compulsion in religion. Truth stands out

13
clear from error [...]."

Contrary to the Pope's assertion, this verse was not revealed in Makkah, in "the early period, when
Muhammad was still powerless and under threat," but in a later period, in al-Madinah, when the
Messenger was in a situation of relative power and security.

The occasion is narrated in all tafsir textbooks: in pre-Islamic times, some women gave their child to a
Jewish family to raise, often in the Jewish faith, in the belief that this would give him a better chance to
survive. When the parents of such children converted to Islam, the children were reluctant to follow
suit, so the Messenger was asked by the parents whether they could coerce their children into
changing their faith. The verse quoted by the Pope forbade the parents to exercise any such coercion,
stating: "Let there be no compulsion in religion."

The Messenger is repeatedly reminded that, no matter what happens, it is not his role to punish
anyone who rejects the Lord's Message:"...thy duty is to make (the Message) reach them: it is Our part
to call them to account." "It is not for the Messenger, but for the Lord to make the decision whether to
turn in Mercy to the unbelievers or to punish them. It will be for the Lord to call them to account."

The Messenger is to "leave them alone until they encounter that Day of theirs, wherein they shall
[perforce] swoon [with terror]."

Although the principle of religious freedom is thus perfectly established in the Qur'an, and was never
abrogated, the Muslim communities have at times had difficulties in applying it, for all kinds of reasons.

As an illustration, Islamic jurists diverge to this day on how to deal with the issue of apostasy. Some
consider that the Qur'anic principle of religious freedom covers the cases of apostasy, but most ulamas
dispute that view, basing themselves on the Sunnah. Nevertheless, it remains as a fact that the
Qur'an, while denouncing the people who commit apostasy, does not prescribe any sanction to be
applied to them by any other person, as is clear from the following verses: "Those who believe, then
reject Faith, then believe [again] and [again] reject Faith, and go on increasing in unbelief, Allah will not
forgive them nor guide them on the way." "Anyone who, after accepting Faith in Allah, utters Unbelief, -
except under compulsion, his heart remaining firm in Faith - but such as open their breast to Unbelief,
on them is Wrath from Allah, and theirs will be a dreadful Penalty."

As to Jihad, the consensus of the ulamas today is that the Qur'an prescribes it to the Muslims only to
defend themselves and their faith, when under attack. This appears explicitly in the following verses,
which were the first revealed on the subject of Jihad: "To those against whom war is made, permission
is given [to fight], because they are wronged; and verily, Allah is Most Powerful for their aid; [They are]
those who have been expelled from their homes in defiance of right, [for no cause] except that they
say, "Our Lord is Allah." Did not Allah check one set of people by means of another, there would surely
have been pulled down monasteries, churches, synagogues, and mosques, in which the name of Allah
is commemorated in abundant measure. Allah will certainly aid those who aid His [cause]; for verily
Allah is Full of Strength, Exalted in Might, [able to enforce His Will]."

The Qur'an never prescribes Jihad as an offensive war, to extend Islamic rule to foreign lands and to
convert their people "by the sword". Those who defend these views merely interpret Qur'anic verses in
a manner which suits their own purposes. They are merely attributing to Islam their own views on the
subject.

Based on the numerous rebuttals of the Pope's assertions that were published by the ulamas in the
media worldwide, one can draw the following conclusions:

The Qur'an proclaims the principle of religious freedom, explicitly and unequivocally, throughout
dozens of different verses interspersed in a variety of surahs. It prescribes the use of dialogue and
persuasion to transmit the Muslim message, and forbids the use of any form of coercion towards
anyone to this end. This principle was upheld throughout the life of the Messenger and was applied to
all, including the Muslim's own children raised in the Jewish faith. As to Jihad, the Qur'an prescribes it
to the Muslims only to defend themselves and their faith, when under attack.

14
Notes:
(1) Pope's speech at University of Regensburg http://www.cwnews.com/news/viewstory.cfm?
recnum=46474
(2) All Qur'anic quotations are from the Qur'an's English translation at www.al-islam.com
(Kingdom of Saudi Arabia, Ministry of Islamic Affairs site) : http://quran.al-
islam.com/Targama/DispTargam.asp?nType=1&nSeg=0&l=eng&nSora=1&nAya=1&t=eng

15
Khalid Chraibi - SaudiDebate.com
Muslim society issues - Islamic law –

Extremists cannot claim Koranic


justification for violence despite proud
boasts of ‘jihadis’
Saturday, 28 July 2007

By Khalid Chraibi

Watching TV news programmes these days, one gets the impression that the whole Middle East is in
turmoil, with terrible acts of violence taking place routinely in a multiplicity of settings. The distress is at
its peak in Iraq where, every single day, trucks and cars laden with explosives are rammed into
crowded places, such as a central market or a mosque at the time of the midday prayer, and
detonated, killing dozens of civilians and wounding hundreds of people.

This wave of violence is only marginally directed at foreign troops of occupation. The overwhelming
majority of the victims are civilians who are not even individually targeted, but simply belong to a group
that their adversaries have decided to attack, such as the employees of some administration, or the
members of a religious group (Sunni or Shi'a). Many of the victims are accounted for merely as

16
"collateral damage", i.e. people who happened to be standing within the range of an explosive device,
at the time of explosion.

The authors of these acts of violence proudly describe themselves as "jihadists", "salafi", etc. to
underline their Islamic affiliations. Based on this, Western governments and media lump all these acts
together under the generic label of "terrorism", attributing them to a resurgence of religious extremism
in the Muslim world. They either present them as symbols of an ongoing "clash of civilizations"
between Islamic countries and the West, or point at them as an indication of the struggle between
conservatism and modernity in Muslim societies.

Nevertheless, most Muslims find it hard to reconcile these acts of violence with the teachings of their
religion. But, the political/religious leaders who mastermind such actions have developed their own
"fatwas" about them, which they use to convince would-be suicide-bombers of the righteousness of
their acts of violence.

They justified their actions as follows, in a recent interview published by a major American newspaper:
"In the typical car bombing, God will identify those who deserve to die - for example, anyone helping
the enemy - and send them to hell. The other victims will go to paradise. ‘The innocent who is hurt, he
won't suffer. He becomes a martyr himself'." (1)

Nor, do they feel any distress about the random killing of children in such operations, because
"Children receive special consideration in death. They are not held accountable for any sins until
puberty, and if they are killed in a jihad operation they will go straight to heaven. There, they will
instantly age to their late 20s, and enjoy the same access to virgins and other benefits as martyrs
receive." (1)

Many Saudi youth have been associated, in recent years, with this type of violence, in such diverse
settings as Palestine, Afghanistan, Iraq, Lebanon, Yemen, North Africa, etc. The Saudi authorities are
worried about this situation, and try to develop new guidelines to provide the youth with the appropriate
religious guidance, including within the environment of summer camps this summer, to enable them to
distinguish between true Islamic teachings and "deviant ideology".

Thus, at a meeting with more than 600 imams and khateebs in late June 2007, Saudi Interior Minister
Prince Naif expressed his concern about Saudi youth involvement in acts of violence in Iraq and
Lebanon. He was quoted by the Saudi Press Agency as asking the imams, and beyond them Saudi
society more generally: "Do you know that your children who go to Iraq are used only for blowing
themselves up, causing the deaths of innocents? Are you happy for your children to become
instruments of murder?" He's reported to have added: "Do you want people in your society who call
you, your state and your leaders infidels?"

The Prince emphasized the positive role that imams and khateebs could play in the country's fight
against terrorism, "deviant ideology" and destructive thoughts and ideas, by regularly using the Friday
sermon in over 14 000 mosques to expose the "deviants" and their ideology.

In theory, the task of the imams and khateebs is quite straightforward and simple.

They have to explain to Saudi youth that Islam is based on the respect of life and property, freedom,
equality, solidarity and justice for all. It is the religion of "ummat al wassatt" (the community of the Just,
or of the Middle position) as explained in the following verse: "Thus have We made of you an Ummat
justly balanced, that ye might be witnesses over the nations, and the Messenger a witness over
yourselves;..." (Al-Baqarah II:143)

Islam opposes extremism in religion, as explained in the verse: "Say: O People of the Book! exceed
not in your religion the bounds (of what is proper), trespassing beyond the truth, nor follow the vain
desires of people who went wrong in times gone by, who misled many, and strayed (themselves) from
the even Way." (Al-Maidah, V:77)

The Prophet also warned repeatedly and strongly against extremism in religion, emphasizing that it
was the cause of the disasters which befell earlier nations.

17
Thus, Islam abhors the indiscriminate killing of civilians and non-combatants. The high value that Islam
places on human life is clearly expressed in a multiplicity of Kor'anic verses such as: "...take not life,
which Allah hath made sacred, except by way of justice and law: thus doth He command you, that ye
may learn wisdom." (Al-An'am, VI:151)

Or: "if anyone slew a person - unless it be for murder or for spreading mischief in the land - it would be
as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the
whole people." (Al-Maidah V:32)

The principle of sacredness of human life is also emphasized in the "Universal Islamic Declaration of
Human Rights" of 19 September 1981 (21 Dhul Qaidah 1401) which states: "Human life is sacred and
inviolable and every effort shall be made to protect it. In particular no one shall be exposed to injury or
death, except under the authority of the Law."

Islam also established very strict rules on how to deal with cases of murder. Capital punishment can
be applied by a court of law, which respects due process. But, no individual is allowed to take the law
into his own hands, to decide at his personal whim who is to live and who is to die, etc. Such a
situation, if it were to take place, would be comparable to a state of "fitna", which is strongly denounced
by Islam. The Muslim community is organized to handle and resolve all the conflicts between its
members through peaceful means, or using the alternative means which the shari'ah has established.

The imams are also to remind the youth that, even in a situation of warfare, Islam has established very
strict rules, which all parties to the conflict have to respect. These rules were observed during the life
of the Prophet, with the objective of ensuring that damages were limited to what was necessary,
without unnecessary destruction of life (women, civilians, old people, non-fighters) and property (trees,
orchards, wells, cattle, etc.).

The Caliph Abu Bakr reminded his troops of these rules, on the eve of their departure for battle, as
follows:

"Stop, O people, that I may give you ten rules for your guidance in the battlefield. Do not commit
treachery or deviate from the right path. You must not mutilate dead bodies. Neither kill a child, nor a
woman, nor an aged man. Bring no harm to the trees, nor burn them with fire, especially those which
are fruitful. Slay not any of the enemy's flock, save for your food. You are likely to pass by people who
have devoted their lives to monastic services; leave them alone."

It is clear from the preceding statements that Islam is definitely opposed to the indiscriminate killing of
people, no matter what the circumstances may be.

It also stands against takfeer, which is another aspect of extremism. Clearly, one cannot say on a
whim that other Muslim people are "kouffar" (infidels) who can therefore be killed without any
misgivings. This would be the most extreme case of "fitna". Resort to violence, even at the State level,
is the exception and not the rule. It must take place within strict rules: no abuse of power, no excess,
respect of non-combatants (civilians, women, children, elderly...), respect of private property, which
must not be destroyed except in extreme situations... One can't say, in this respect, that he wants to
promote the values and principles of Islam, while he violates himself all its fundamental rules to
achieve his own political objectives.

In short, in a modern State, people cannot take the law into their own hands. Individuals can't declare
war to foreign States. Nor can they declare war to their own established Government. Otherwise, the
community enters into a situation of anarchy, of "fitna".

The confusion between politics, religion and "fitna" is promoted by all the parties concerned in the
conflicts raging in the Middle East, because it fits with each participant's agenda. Western
Governments and media can point to the violence and explain it by religious extremism, so that they
don't have to delve into the complex political conflicts taking place in Palestine, Iraq, Afghanistan, Iran,
etc. The political authorities of a country can explain the violence as the product of "religious
extremism" or of a "deviant" ideology, rather than as a rebellion against their authority. The "jihadists"

18
can claim that they are merely trying to achieve the objective of a unified "ummah" set by Islam, rather
than the political objectives they truly have in mind, such as the conquest of power in a given country.

The people at large may be left bewildered by all these conflicting claims. But, the unquestionable fact
is that Islam is the religion of "ummat al wassatt" (the nation of the Just people, or the people of the
Middle position) which abhors all acts of extremism in any aspect of life. In particular, Islam is based
on the respect of life and property, freedom, equality, solidarity and justice for all. One can't do away
with all the values it stands for, and everything it teaches, and still assert with any credibility that he's
acting on its behalf.

Notes:
(1) Michael Moss and Souad Mekhennet: 'The Guidebook For Taking A Life', The New York Times,
Week in Review, June 10, 2007)

19
Khalid Chraibi - SaudiDebate.com
Muslim society issues - Islamic law –

It is time for the Islamic world to replace


lunar uncertainty with scientific facts
Wednesday, 05 September 2007

By Khalid Chraibi

Muslim people regularly get puzzled at the inability of the Islamic calendar to predict precisely, well in
advance, the day on which major Islamic events are to take place, such as the first day of ramadan, or
eid al-fitr, or eid al-adha, or the first day of the new Islamic year. They may even get annoyed because
they cannot arrange in advance such ordinary things as taking a few days off from work on such
occasions, making hotel bookings or flight reservations, or avoiding to make business or travel
commitments on such dates.

The Islamic calendar's shortcomings are indeed severe, since the data it shows each month differs
from one Muslim country to another, and the information it provides does not extend beyond the
current month. For instance, the first day of « ramadan » 1427 corresponded to Saturday, September
23, 2006 in 20 countries ; Sunday, September 24 in 46 countries ; and Monday, September 25 in 5
countries. (1) This situation is in no way unusual, but can be observed every month.

Nowadays, the Muslims use the Gregorian calendar to meet all their needs, and only care about
Islamic dates on momentous Islamic occasions. However, the Islamic calendar only lost its usefulness
when Muslim theologians disconnected it from its astronomical, conceptual and methodological

20
moorings, early in the 7th century. It could fulfill all the basic functions of a calendar, and meet all the
needs of modern man, within the Muslim community, on a worldwide basis, if it were prepared using
the applicable scientific concepts, methods and parameters developed in astronomy.

Cadi Ahmad Shakir, President of the Egyptian Supreme Court of the Shari'ah, explained in a famous
1939 study that there was absolutely no obstacle, on the theological level, to the establishment of such
an Islamic calendar, using astronomical calculations. (2)

In 2004, renowned jurist Yusuf al-Qaradawi announced his full support for Shakir's analysis and
conclusions. (3) For its part, the Fiqh Council of North America (FCNA), acting independently,
presented in 2006 an ingenious, well thought-out methodology which permits the adoption of a pre-
calculated calendar, while meeting all the requirements of the Shari'ah (4).

The lunar calendar is based on a year of 12 months adding up to 354.37 days. Each lunar month
begins at the time of the monthly "conjunction", when the Moon is located on a straight line between
the Earth and the Sun. The month is defined as the average duration of a rotation of the Moon around
the Earth (29.53 days). The astronomers formulated the convention, over two thousands years ago,
that months of 30 days and 29 days would succeed each other, adding up over two successive months
to 59 full days. This left only a small monthly variation of 44 minutes to account for, which added up to
a total of 24 hours (i.e. the equivalent of one full day) in 2.73 years. To settle accounts, it was sufficient
to add one day every three years to the lunar calendar, in the same way that one adds one day to the
Gregorian calendar, every four years.

The Islamic calendar, however, is based on a different set of conventions. When the Messenger was
asked for a method to determine the beginning of the month of fasting, he recommended to the faithful
to begin fasting with the observation of the new moon (on the evening of the 29th day of sha'aban) and
to end fasting with the new moon (of the month of shawal). "If the crescent is not visible (because of
the clouds), count to 30 days".

Thereafter, each Islamic State proceeded with its own monthly observation of the new moon (or, failing
that, awaited the completion of 30 days) before declaring the beginning of a new month on its territory,
instead of using a pre-calculated calendar, as computed by professional astronomers.

But, the lunar crescent becomes really visible only some 18 hours after the conjunction, and only
subject to the existence of a number of favourable conditions relative to weather, time, geographic
location, as well as various astronomical parameters... According to the months and seasons, the
favourable conditions of observation of the new moon will be met in different sites on Earth.

The Koran prohibits nowhere the use of astronomical calculations for the establishment of a pre-
calculated calendar. The procedure is therefore perfectly and undisputably licit. Numerous theologians
in the early years of Islam saw no contradiction between the Messenger's teachings and the use of
astronomical calculations to determine the beginnings of lunar months. (5) The dynasty of Fatimids in
Egypt used a pre-calculated calendar over a period of two centuries, between the 10th and 12th
centuries, before a change of political regime reactivated the procedure of observation of the new
moon.

But the majority of Muslim theologians insist nowadays that, no matter what, one can't go against the
Messenger's teachings. They interpret his recommendation concerning the observation of ramadan's
new moon as if it were part of the fundamental Islamic dogma. It would be utterly wrong, in their view,
to use a calendar based on the conjunction, because one would start fasting, end fasting, and
celebrate all other important Islamic events about two days earlier than would be the case, if the
procedure of observation of the new moon were applied.

However, many Islamic thinkers insist that the Messenger's recommendation to the faithful was merely
adapted to the culture of the times. It should not be confused with the acts of worship. (6)

21
The Saudi authorities must share this view, somehow, since the country gave up in 1999 the
procedure of observation of the new moon, to substitute to it a procedure based on the calculation of
the schedules of sunset and moonset at the coordinates of Mecca, on the evening of the 29th day of
each month. If the sun sets before the moon, this signals the beginning of the new month. In the
opposite case, the month-in-progress lasts 30 days. This procedure has little to do with the observation
of the new moon. (7)

One should also note that, during long periods of Islamic history, the hadith under discussion was not
interpreted to mean the visual observation of a new moon, but only the acquisition of information,
according to credible sources, that the month had begun. This opens entirely different vistas in the
discussion of this question. (6)

As for the hadith of the Prophet according to which the Bedouins can neither read nor count, and must
thus avoid using (astronomical) calculations, Ibn Taymiya observes that the argument may have been
justified at the beginning of the 7th century, but he questions whether it could still apply to Muslims
centuries later, after they had been at the vanguard of development of scientific knowledge, including
in the field of astronomy.

Sheikh Abdul Muhsen Al-Obaikan, a Councilor in the Ministry of Justice of Saudi Arabia, is clearly
favourable to the use of modern technology to determine the beginning of months. He says : « Using
the naked eye to determine the beginning and end of Ramadan is primitive in an age of modern
science and technology. There is no other way to put it. It's pure backwardness." » (8)

Egyptian cadi Ahmad Muhammad Shakir (who was to become President of the Egyptian Supreme
Court of the Shariah at the end of his career, and who remains to this day an author of reference in the
field of hadith) (9), wrote a lengthy legal opinion in 1939 on the subject of the Islamic calendar,
entitled : "The beginning of arab months... is it legal to determine it using astronomical calculations?".
(2)

According to him, the Messenger took into account the fact that the Muslim community of his time was
« illiterate, not knowing how to write nor how to count ». So, he recommended to its members to
observe the new moon to carry out their religious duties at the time of fasting and hajj. But the
community evolved considerably over time, and some of its members even became experts in
astronomy.

According to the principle of Muslim law which states that « a rule is no longer applicable, when the
factor which justified its existence has disappeared », the Messenger's recommendation didn't apply
anymore to the Muslims, after they had learned to read and count and had ceased being illiterate.

Therefore, according to Shakir, contemporary ulamas commit an error of interpretation when they give
to the Messenger's hadith the same interpretation that applied at the time of Revelation, as if the hadith
prescribed immutable rules. But, it has stopped being applicable to the Muslim community long ago,
based on the principles of the shari'ah themselves.

Furthermore, Shakir refers to the principle of Muslim law according to which « what is relative cannot
refute what is absolute, nor can it be preferred to it, according to the consensus of the ulamas. » The
observation of the new moon with the naked eye is relative, and can be the subject of error, whereas
the knowledge of the beginning of lunar months, based on astronomical calculations, is absolute, and
belongs to the domain of certainty.

Shakir reaches the conclusion that there is nothing in the shari'ah which opposes the use of
calculations to determine the beginning of all lunar months, in all circumstances, and not only in
special situations, as had been recommended by some ulamas.

For him, there can exist only one lunar month applicable in all countries of the world, based on
astronomical calculations. The use of the same pre-calculated calendar in all Muslim countries will give

22
them an opportunity to celebrate all major Islamic events on the same day, throughout the world,
thereby increasing their feeling of solidarity and unity.

In the 68 years since their publication, Shakir's conclusions have not been refuted by any Muslim jurist.
As a man of law, and as an expert on hadith, he continues to be highly considered by his peers, long
after his death. (9) Thus, Yusuf al-Qaradawi, the well-known theologian and jurist, has lavishly praised
Shakir in a 2004 article entitled : "Astronomical calculations and determination of the beginning of
months" in which he expressed his full support to cadi Shakir's conclusions. (3)

The Fiqh Council of North America (FCNA) was also regularly confronted with the responsibility of
telling its Muslim American audience when to start fasting, when to celebrate « eid al-fitr », etc. After
several years of study of the legal issues involved, it reached a decision, which it announced in August
2006, to use henceforth a pre-calculated Islamic calendar, taking into consideration the sightability of
the new moon anywhere on Earth. (4)

The decision of the Fiqh Council of North America (FCNA) combines the theological requirements of
the ulamas with the state of the art in the field of new moon observation.

First, it retains the well-known principle of unicity of horizons (matali'e) which states that it is sufficient
to observe the new moon anywhere on Earth, in order to declare the beginning of a new lunar month,
applicable in all areas in which the information is received. (10) Second, it uses the International date
line (IDL) or Greenwich Mean Time (GMT) as its conventional point of reference to conduct its
analysis.

Based on the maps of sightability of the new moon in the various regions of Earth, which are now
regularly prepared by professional astronomers, (11) the FCNA reached the conclusion that when the
conjunction took place before 12:00 noon (GMT), there was enough time left for the new moon to be
seen in numerous areas on Earth where sunset took place long before sunset in North America. Since
the criteria of sightability of the new moon were met in these areas, the new moon would be observed
(or could have been observed if weather conditions had been adequate) long before sunset in North
America.

Therefore, the requirements of sightability of the new moon as set by the shari'ah would be respected,
and the new lunar month could begin in North America on sunset of the same day. On the other hand,
if the conjunction took place after 12:00 noon GMT, the month would begin in North America on sunset
of the following day.

The Islamic calendar can adequately fulfill all the functions of a calendar, and meet all the needs of the
Muslim community throughout the world, if it is set up using the concepts, methods and parameters
developed by professional astronomers. But it can fulfill none of these functions if it is based on the
monthly observation of the new moon with the naked eye, carried out separately in each independent
country.

The majority of ulamas base themselves on tradition to state that one should respect the
recommendation of the Messenger to observe the new moon in order to start fasting. But, according to
Cadi Shakir, from a purely legal point of view, this view isn't defensible anymore. In his 1939 legal
opinion, he concludes that there is no theological objection to the establishment of a pre-calculated
Islamic calendar, based on astronomical calculations. Professor Al-Qaradawi now concurs with this
conclusion (2004).

For its part, the Fiqh Council of North America, conscious of the intricacies of the issues involved,
developed in 2006 a solution which elegantly meets the requirements of the shari'ah, while making use
of the state-of-the art know how in the field of astronomy to respond to the needs of the modern age.
This solution is applicable in all Muslim countries, and gives them a chance to adopt the same pre-
calculated Islamic calendar (prepared on an annual basis, long in advance), in order to fulfill all the
religious duties as well as to manage all other tasks.

23
The rulers, political leaders and religious authorities in each Muslim country now have the clear choice
between adopting either the conclusions of Cadi Shakir, or the solution developed by the Fiqh Council
of North America, or perpetuating the status quo. According to a report entitled « Break through for
Global Islamic Calendar » published on « Moonsighting.com » in late December 2006, some countries
were trying to develop a common stand on this issue in the autumn 2006:

« In November 2006, there was an International Conference in Morocco about adopting a Global
Islamic Calendar. Astronomers from Saudi Arabia, Egypt, Jordan, UAE, Iran, Ginnea, Libya, Morocco,
and USA participated. Overwhelming majority including Saudi, Egypt, and Irani astronomers agreed
with the calendar (adopted by Fiqh Council of North America), that can be used as a Global Islamic
Calendar. Morocco is willing to adopt it immediately. Further development on this issue will follow as
time progresses. » (12)

Footnotes

(1) http://www.moonsighting.com/1427rmd.html

(2) Ahmad Shakir : « The beginning of arab months ... is it legal to determine it using astronomical
calculations? ». (published in arabic in 1939) reproduced in the arab daily « al-madina », 13 october
2006 (n° 15878) :
http://ahmadmuhammadshakir.blogspot.com/

(3) Yusuf al-Qaradawi : « Astronomical calculations and determination of the beginning of months » (in
arabic) : http://www.islamonline.net/Arabic/contemporary/2004/10/article01b.shtml

(4) Fiqh Council of North America: http://www.moonsighting.com/calendar.html

(5) Abderrahman al-Haj : « The faqih, the politician and the determination of lunar months » (in
arabic) :
http://www.islamonline.net/Arabic/contemporary/2003/10/article03.shtml

(6) Allal el Fassi : « Aljawab assahih wannass-hi al-khaliss ‘an nazilati fas wama yata'allaqo bimabda-i
acchouhouri al-islamiyati al-arabiyah », report prepared at the request of King Hassan II of Morocco,
Rabat, 1965 (36 p.), with no indication of editor

(7) The Umm-al-Qura calendar of Saudi Arabia http://www.phys.uu.nl/~vgent/islam/ummalqura.htm

(8) Anver Saad, « The Untold Story of Ramadhan Moon Sighting » Daily muslims, October 07, 2005 :
http://www.muslimsweekly.com/index.php?option=com_content&task=view&id=804&Itemid=63

(9) Ahmad Muhammad Shakir (biographical notice in arabic) :


http://www.islamonline.net/Arabic/history/1422/09/article17.shtml

(10) Abi alfayd Ahmad al-Ghomari : Tawjih alandhar litaw-hidi almouslimin fi assawmi wal iftar, 160p,
1960, Dar al bayareq, Beyrouth, 2nd ed. 1999

(11) http://www.moonsighting.com/

(12) http://www.moonsighting.com/1427zhj.html

24
Khalid Chraibi - SaudiDebate.com
Muslim society issues - Islamic law –

Saudi judge ignores Quranic rights in harsh


decision over the ‘Girl of Qatif’
Tuesday, 22 January 2008

By Khalid Chraibi

In a memorable scene in Ingmar Bergman’s movie Wild Strawberries, Isak, the central
character, dreams that he is standing in court, waiting to be sentenced. But he has no clue as to the
charges against him. When the judge declares him guilty, he asks, bewildered: “Guilty of what?” The
judge replies flatly: “You are guilty of guilt”. “Is that serious?” asks Isak. “Unfortunately,” replies the
judge.

The verdict in the case of the ‘Girl of Qatif’, as the incident has become known worldwide, is as
bewildering to most people as the judge’s verdict was to Isak. How can a young bride of 18 who has
been subjected to the harrowing experience of being blackmailed by a former ‘telephone boyfriend’,
then gang-raped 14 times in a row by seven unknown assailants, be further brought to trial for the
offence of khalwa and condemned to 90 lashes? How does one justify raising the punishment to 200
lashes and 6 months in jail when she appealed the first sentence?

The case had all the necessary ingredients to become an instant cause célèbre, when word of it
reached the global news agencies. It received very large coverage in the media, with the verdict being

25
criticized by commentators, politicians and citizens in all walks of life, within the region and in far away
countries.

Amnesty International protested against the flogging verdict (which was also applicable to the men
involved in the case), observing that “the use of corporal punishment constitutes cruel, inhuman and
degrading punishment.” It added that “the criminalisation of khalwa is inconsistent with international
human rights standards, in particular, an individual’s right to privacy.” The sentence against the ‘Girl of
Qatif’ and the boy who sat with her in the car “should therefore be declared null and void”.

The Saudi authorities were perplexed and incensed by such criticisms. As far as they were
concerned, the court sentence against the ‘Girl of Qatif’ was made in application of the Shari’ah as it
has traditionally been interpreted in the country, and raised no particular or unusual issues.

The Saudi Ministry of Justice observed, in a statement, that the girl went out to meet her male
acquaintance “without a mahram, a legal guardian, and exchanged with him forbidden affairs through
the illegal khalwa. She knows that khalwa with an unrelated man is forbidden by Shari’ah and by doing
this she has broken the sacred matrimonial contract.” Her punishment is thus perfectly justified in
Islamic law.

But, the ‘Girl of Qatif’, her husband and her lawyer questioned several points in the Ministry’s
statement, as well as the legal grounds on which the sentence was based.

According to them, the girl had not put herself in this situation of khalwa out of her own free will. She
and the boy who was raped with her had been chatting regularly on the phone for two years, since they
were both 16, but without meeting. Somehow, the boy obtained her picture. When she got married at
age 18, she wanted her picture back, and the boy agreed to do that, if she met him in his car, in a
public mall. After returning her picture to her, the boy volunteered to drive her home but, on their way,
they were overtaken by another car, which compelled them to stop. They were kidnapped and taken to
a deserted place, where the boy and the girl were separately subjected to a gang-rape.

The girl’s husband insisted that there was no adultery involved in this case, nor was there any
sexually-oriented activity between the couple in the car. The meeting only took place to allow the girl to
retrieve her picture which, moreover, was harmless and did not show her in any compromising
position. In his opinion, it had been bad judgment on the part of the girl to go to this meeting, but there
was nothing more to it.

The lawyer of the ‘Girl of Qatif’, Abdul Rahman al-Lahem, argued, for his part, that there was no
khalwa between the girl and the ex-boyfriend, in the legal sense, “because they met in a public place”.
Moreover, the boy was trying to blackmail the girl with the picture, and she wanted to retrieve it… She
was forced to meet him in a "khalwa", which invalidates the rule of "personal will" in Shariah. As Saudi
jurists agree, the legal definition of khalwa doesn’t apply to the situation when a person is in dire need
to attend such a meeting, or does so under duress.

The Saudi judiciary accepted to review the case, but before it began looking into it, Saudi Arabia’s King
Abdullah decided, on December 17, to pardon the ‘Girl of Qatif’, bringing the dramatic story of this girl
to a compassionate ending.

Despite this humane conclusion to the case, many Muslims would agree with Amnesty
International, that “the criminalisation of ‘Khalwa’ is inconsistent with international human rights
standards, in particular, an individual’s right to privacy.”

26
Of course, if any human rights organization in the area were to present the political/religious authorities
of the Gulf States with a proposal to suppress any sanctions for khalwa, they would reject it out of
hand, on the grounds that it was “inconsistent” with Muslim law. But this only demonstrates the
important differences which continue to exist between Muslim countries in their interpretation of the
prescriptions of the Shari’ah.

Everybody agrees that there are no Qur’anic verses which forbid khalwa, or define any sanction
applicable to it. The main text of reference on the subject is a hadith of the Messenger, which states:

“'Whosoever believes in Allah and the Last Day, let him not be alone with a woman who has not a
Mahram (male relative who she cannot marry) with her. Indeed, the third (person) is al-Shaytan!”
[Ahmad].

This hadith implies that, when a man and a woman are alone in a secluded place, there may be
temptation lurking. But, at the same time, Islam teaches moral responsibility and individual
accountability, underlining the fact that each person is individually responsible for their actions before
God.

Therefore, in North African countries, for example, the hadith on khalwa is viewed as merely indicating
ethics of conduct, in order to avoid committing sins of the flesh. Some people may frown on a situation
of khalwa but, as long as no fault has been committed there is no reason to apply any sanction.
Punishment is only called for when actions which are forbidden by law actually take place, such as
adultery, prostitution, and the like.

In other countries, such as the Gulf States, the hadith has been interpreted by the ulema as forbidding
khalwa. But, even in that case, the Messenger did not define any punishment to be applied to those
who put themselves in such a situation. It was the ulema, through their own ijtihad – their personal
reflection – over the centuries, who studied the ‘offence’ in its various aspects, defined its nature and
decided on the applicable sanctions (under the ta’azir approach, in which the judge has latitude to
decide on the applicable sanction).

When a case such as that of the ‘Girl of Qatif’ gains worldwide publicity, most Muslim people
find themselves at a loss to understand why different Muslim countries, applying the same Islamic law,
implement it with such strikingly different results. How can the same action be a punishable offence
that is severely sanctioned in one region, whereas in another region it is no offence at all, and carries
no punishment?

The situation becomes even more perplexing when a Saudi judge explains, in an interview published
by a major Saudi daily newspaper, that the Courts have shown “compassion and pity” for the girl
(when she was condemned to 90 lashes, later raised to 200 lashes plus 6 months in jail). If that had
not been the case, it was his opinion, as a judge with 30 years experience, that the judges “should
have condemned the girl of Qatif to death”, together with the other people involved in the case.(1)

One is reminded of Ali ibn Abu Talib’s observation that it is human beings (with all their frailties) who
interpret the Shari’ah. In the Gulf States, personal status law has not yet been codified into a
mudawwana, and both the judges and the people have some difficulty at times, distinguishing between
tribal ‘law’ and customs and the prescriptions of Islamic law, especially in ta’azir situations.

One would think, in these conditions, that there is latitude for change in the judicial system’s view of
khalwa in the Gulf States, if the political authorities were inclined to do so. The only major obstacle to
be confronted is the weight of traditions.

“Unfortunately,” says Suhaila Hammad, a writer who supports women’s rights, “tradition and customs
control many people here (in Saudi Arabia) and they confuse them with Islamic law. As for the

27
argument that we should introduce women’s rights gradually, I say Islam came 1,428 years ago. Are
all these centuries not enough to understand it?” (2)

Notes:
(1) Okaz newspaper, Nov 27, 2007 : an interview with judge Ibrahim al-Khodhairi (in Arabic)

(2) Heba Saleh, ‘Women’s rights: Barrier of silence has been broken’, Financial Times, December
4, 2007

28
Khalid Chraibi – Tabsir.net
tabsir.net
Sat 16 Aug 2008

Issues in the Islamic Calendar


Posted by tabsir under Islamic Rituals , Islamic Sciences

29
Full Moon on lunar eclipse and Venus, dated June 18, 2008 - Photo by Mohamad Soltanolkotabi

by Khalid Chraibi

“The sun and the moon follow courses (exactly) computed;” (Koran, Ar-Rahman, 55 : 5)

“It is He Who made the sun to be a shining glory and the moon to be a light (of beauty), and measured
out stages for it; that ye might know the number of years and the count (of time).” (Koran, Yunus, 10:5)

“The ulamas do not have the monopoly of interpretation of the shariah. Of course, their advice must be
sought in the first place on shariah matters. (But) they do no make religious law, in the same way that it
is not the law professors who make the law, but parliaments.” (Ahmed Khamlichi, Point de vue n° 4)

Issue # 1: Why do Muslims observe the new moon to determine


the beginning of months?
When the Messenger was asked by his Companions for a method to determine the beginning of the
month of fasting, he told them to begin fasting with the observation of the new moon (on the evening of
the 29th day of sha’aban) and to end fasting with the new moon (of the month of shawal). “If the
crescent is not visible (because of the clouds), count to 30 days”. (1)

At that time, the Bedouins didn’t know how to write or how to count. They knew nothing about
astronomy. But, they were used to observe the stars, at night, in order to find their way in the desert,
and to observe the birth of the new moon to determine the beginning of months. The Messenger’s
recommendation fitted perfectly with the specifics of their situation.

Issue # 2: Why is the new moon visible, at its birth, in some


regions of the world only?
The new lunar month begins, for astronomers, with the monthly “conjunction”, when the Moon is
located on a straight line between the Earth and the Sun. At that moment, the Moon is invisible. The
lunar crescent begins to be visible only some 18 hours after the “conjunction”, and only subject to the
existence of a number of favourable conditions relative to weather, time, geographic location, as well
as various astronomical parameters (number of hours after conjunction; relative positions of the Sun,
the lunar crescent and the observer; altitude of the moon at sunset; site of observation; limits of vision
of the human eye…). (2)

30
Each month, the new Moon will be visible, at first, at some specific sites on Earth, before it can be
seen elsewhere.

Issue # 3: Can we identify in advance the most favourable sites


for the observation of each new moon?
Renowned Muslim astronomers, such as Ibn Tariq (8th c.), Al-Khawarizmi (780 ?- 863), Al-Battani
(850-929), Al-Bayrouni (973-1048), Tabari (11th c.), Ibn Yunus (11th c.), Nassir al-Din Al-Tousi (1258-
1274 ?), etc. devoted much attention to the study of the criteria of visibility of the new moon, with the
objective of developing efficient techniques of forecasting of the beginning of a new month.

But, it’s only in recent times that some astronomers and information systems experts succeeded in
developing procedures which make it possible to identify in advance, each month, the areas on Earth
in which favourable conditions will exist for the observation of the new moon. Thus, in 1984, a physicist
from Malaysia, Mohamed Ilyas, succeeded in drawing on the Earth map a “line of lunar date”, at whose
west the crescent will be visible on the evening of the new month, whereas it won’t be seen, East of
this line, until the next evening. (2) Today, detailed maps of the areas of visibility of the new moon are
monthly drawn, well in advance, and published in such sites as « Moonsighting.com ». (3)

Issue # 4: Shouldn’t the observation of the new moon, wherever


it is carried out, mark the beginning of a new month for all
Muslims?
In theory, when the new moon is observed, this indicates the beginning of a new month for all Muslims
in the areas in which the information is received. At the time of Revelation, when communications from
one region to another were difficult, this rule applied essentially to the geographic areas which were
proximate to the site of observation. But, today, with modern communication means, and instant
transmission of news throughout the world, the area in which the rule could apply is much wider. (4) (5)

However, in order to demonstrate their sovereignty, most Islamic States generally proceed with their
own monthly observation of the new moon (or, failing that, await the completion of 30 days) before
declaring the beginning of a new month on their territory. Each State has defined its own applicable
parameters and procedures in this matter, thereby adding to the complexity of the situation. (6)

Issue # 5: Since the lunar month can only have 29 days or 30


days, why is there a difference of two days (and sometimes
even three days) in the celebration of the beginning of
Ramadan or of eid al-Fitr in different countries?
Logically speaking, either a State will observe the new moon on the evening of the 29th day, or it will
complete a count of 30 days. So, the beginning of a new month should differ by only 24 hours between
the countries of the world.

But this is not verified, in practice. Thus, the 1st Ramadan 1428 corresponded to Wednesday 12
September 2007 in 2 countries; to Thursday 13 September in 40 countries; and to Friday 14
September in 9 countries. (7)

Similarly, the 1st Shawwal 1428, date of celebration of Eid al-Fitr, corresponded to Thursday 11
October 2007 in 1 country; to Friday 12 October in 33 countries; to Saturday 13 October in 23
countries; and to Sunday 14 October in 3 countries. (8)

31
Since different Muslim States determine different days for the beginning of the same month, they also
reach the 30th day of the month on different days. Political and geostrategic considerations, as well as
human errors in the observation of the new moon, also explain some discrepancies.

The Muslim astronomers who proceeded, in recent years, with in-depth studies of these issues
reached the conclusion that the beginning of months that were announced by Islamic States over a
period of several decades was often erroneous, for a number of reasons. (2) (9)

Issue # 6: Is the lunar calendar based on calculations a


satisfactory alternative to the observation of the new moon?
The lunar calendar based on astronomical calculations has been in existence for some four millennia.
It was already used by the Babylonians in the 18th c. B.C. Each lunar month begins, as was stated, at
the time of the monthly “conjunction”, when the Moon is located on a straight line between the Earth
and the Sun. The month is defined as the average duration of a rotation of the Moon around the Earth
(29.53 days).

The lunation (period of time between two successive new moons) varies within a zone whose limits are
29.27 days at the Summer solstice and 29.84 days at the Winter solstice, giving for the 12 months’
year an average length of 354.37 days.

From an astronomical point of view, lunar months do not alternate between a length of 30 days and 29
days in succession. There are, at times, short series of 29 d, and at other times short series of 30 d, as
illustrated by the length (in days) of the following 24 lunar months, corresponding to the period 2007-
2008 :

« 30, 29, 30, 29, 29, 30, 29, 29, 30, 30, 29, 30, 30, 30, 29, 30, 29, 29, 30, 29, 29, 30, 29, 30 »

The astronomers formulated the convention, over two thousands years ago, that months of 30 days
and 29 days would succeed each other, in order for two successive months to add up to 59 full days.
This left only a small monthly variation of 44 minutes to account for, which added up to a total of 24
hours (i.e. the equivalent of one full day) in 2.73 years. To settle accounts, it was sufficient to add one
day every three years to the lunar calendar, in the same way that one adds one day to the Gregorian
calendar, every four years. The “tabular calendar” thus obtained includes 11 “abundant” years, with a
duration of 355 d each, within a cycle of 30 years (years # 2, 5, 7, 10, 13, 16, 18, 21, 24, 26 and 29),
whereas there are 19 « common » years, with a duration of 354 d each. (10)

Issue # 7: Why don’t Muslims use the lunar calendar based on


calculations?
The Koran does not prohibit the use of astronomical calculations for the establishment of the calendar.
At the methodological level, it merely specifies that the lunar year has only 12 months. (11)

But, based on the Messenger’s recommendation to the Bedouins to start and to end the fast of the
month of Ramadan with the observation of the new moon, the Ulamas (Muslim jurists) developed a
consensus to reject the use of calculations, based on the postulate that one shouldn’t go against the
teachings of the Messenger (12). This consensus has lasted for 14 centuries.

The only exceptions were a handful of theologians, in the early years of Islam, who saw no
contradiction between the Messenger’s teachings and the use of astronomical calculations to
determine the beginnings of lunar months. (13) At the institutional level, the (shi’ite) dynasty of
Fatimids in Egypt was the only State to use a pre-calculated calendar, over a period of two centuries,
between the 10th and 12th centuries, before a change of political regime reactivated the procedure of
observation of the new moon. (14)

32
Issue # 8: Does the hadith of the Messenger concerning the
observation of the new moon establish an immutable rule of
law?
Since the beginning of the 20th century, many Islamic thinkers have questioned the arguments
presented against the use of calculations.

They consider that the Messenger’s recommendation to the faithful was merely adapted to the culture
of the times, and should not be confused with the acts of worship (‘ibada). In their opinion, the hadith
about observation did not establish an immutable rule of law, no more than it forbade the use of a
calendar based on astronomical calculations. (4) (15)

They note that, over long periods of Islamic history, the hadith under discussion was not interpreted to
mean the visual observation of a new moon, but only the acquisition of information, according to
credible sources, that the month had begun. (16) This opens entirely different vistas in the discussion
of this question.

They observe that Saudi Arabia’s Umm al Qura calendar (which is used for administrative purposes
only) has been prepared for years based on the calculation of the schedules of sunset and moonset at
the coordinates of Mecca, on the evening of the 29th day of each month. By convention, if the
“conjunction” takes place before sunset at the coordinates of Mecca, and if the sun sets before the
moon, this signals the beginning of a new month. Otherwise, the new month will begin on the next
evening, after the completion of 30 days. (17) This procedure has little to do with the observation of the
new moon.

They also note that Muslims find it perfectly licit to use the Gregorian calendar to manage all their
activities, and have been doing so for centuries, without having any misgivings about it. Why should
the use of the solar Gregorian calendar, based on astronomical calculations, be considered as licit,
whereas the use of the lunar Islamic calendar, based on the same astronomical calculations, would
violate Islamic religious prescriptions?

Issue # 9: Is it licit to use a calendar based on calculations?


Egyptian cadi Ahmad Muhammad Shakir (18) is the spokesman and the theoretician of this school of
thought. He is a distinguished jurist of the first half of the 20th century, who was to become President
of the Egyptian Supreme Court of the Shariah at the end of his career, and who remains to this day an
author of reference in the field of hadith (19). He published, in 1939, a detailed legal opinion on the
subject of the Islamic calendar, entitled: “The beginning of arab months… is it licit to determine it using
astronomical calculations?” (20)

According to him, the Messenger took into account the fact that the Muslim community of his time was
« illiterate, not knowing how to write nor how to count. » So, he recommended to its members to
observe the new moon to carry out their religious duties at the time of fasting and hajj. But the
community evolved considerably over time, and some of its members even became experts in
astronomy.

According to the principle of Muslim law which states that « a rule is no longer applicable, when the
factor which justified its existence has disappeared », the Messenger’s recommendation didn’t apply
anymore to the Muslims, after they had learned to write and count and had ceased being illiterate.

Therefore, according to Shakir, contemporary ulamas commit an error of interpretation when they give
to the Messenger’s hadith the same interpretation that applied at the time of Revelation, as if the
hadith prescribed immutable rules. But, it has stopped being applicable to the Muslim community long
ago, based on the principles of the shari’ah themselves.

33
Furthermore, Shakir refers to the principle of Muslim law according to which « what is relative cannot
refute what is absolute, nor can it be preferred to it, according to the consensus of the ulamas. » The
observation of the new moon with the naked eye is relative, and can be the subject of error, whereas
the knowledge of the beginning of lunar months, based on astronomical calculations, is absolute, and
belongs to the domain of certainty.

He observes that numerous distinguished Muslim jurists have taken into account astronomical
calculations data in reaching their decisions. He concludes that there is nothing in the shari’ah which
opposes the use of calculations to determine the beginning of all lunar months, in all circumstances,
and not only in special situations, as had been recommended by some ulamas.

For Shakir, there can exist only one lunar month applicable in all countries of the world, based on
astronomical calculations. This precludes the possibility that the beginning of the month should differ
from one country to another. He adds that the use of the same pre-calculated calendar in all Muslim
countries will give them an opportunity to celebrate all major Islamic events on the same day,
throughout the world, thereby increasing their feeling of solidarity and unity as an “ummah”.

It should be noted that Shakir’s reasoning parallels some of Ibn Taymiyyah’s (1263-1328) own
observations on this subject, developed centuries earlier. In a discussion of the hadith of the
Messenger according to which the Bedouins can neither write nor count, and must thus avoid using
(astronomical) calculations, Ibn Taymiya observes that the argument may have been justified at the
beginning of the 7th century, but he questions whether it could still apply to Muslims centuries later,
after they had been at the vanguard of development of scientific knowledge, including in the field of
astronomy. (21)

In recent years, Yusuf al-Qaradawi, a distinguished jurist, who is also President of the European
Council for Fatwa and Research (ECFR) became another well-known representative of this line of
thinking. In 2004, he published an article entitled: “Astronomical calculations and determination of the
beginning of months” (22) in which he expressed his full support for the use of calculations in the
establishment of the Islamic calendar. Throughout his analysis, he quoted extensively and approvingly
the major legal arguments developed by cadi Shakir in his 1939 study.

The advocates of the use of calculations gained in strength, in the last few years, when the « Islamic
Society of North America » (ISNA), the « Fiqh Council of North America » (FCNA) and the « European
Council for Fatwa and Research » (ECFR) announced, in 2006 and 2007 respectively, their decision to
use, from then on, a calendar based on calculations. (23) They justified their decision using the same
type of legal reasoning which was pioneered by Shakir and further developed by al-Qaradawi in their
respective studies. (24) (25)

Notes :

(1) Al-Bokhary, Hadiths (3/119)


(2) Karim Meziane et Nidhal Guessoum : La visibilité du croissant lunaire et le ramadan, La Recherche
n° 316, janvier 1999, pp. 66-71
(3) <">Moonsighting.com
(4) Allal el Fassi : « Aljawab assahih wannass-hi al-khaliss ‘an nazilati fas wama yata’allaqo bimabda-i
acchouhouri al-islamiyati al-arabiyah », a report prepared at the request of King Hassan II of Morocco,
Rabat 1965 (36 p.), with no indication of editor
(5) Abi alfayd Ahmad al-Ghomari : Tawjih alandhar litaw-hidi almouslimin fi assawmi wal iftar, 160p,
1960, Dar al bayareq, Beyrouth, 2nd ed. 1999
(6) Procedure of observation of the new moon by country
(7) The observation of the new moon of Ramadan 1428 by country
(8) The observation of the new moon of Shawwal 1428 by country
(9) Nidhal Guessoum, Mohamed el Atabi and Karim Meziane: Ithbat acchouhour alhilaliya wa
mouchkilate attawqiti alislami, 152p., Dar attali’a, Beyrouth, 2nd ed., 1997
(10) Emile Biémont, Rythmes du temps, Astronomie et calendriers, De Borck, 2000, 393p

34
(11) In pre-Islamic Arabia, the Bedouins used a lunar calendar based on a year of 12 months. But they
added to it, beginning in 412, a movable 13th month (whose concept was borrowed from the Jewish
calendar), in order to make the month of hajj correspond to the autumn season. After major abuses
were associated with these adjustments, the Koran set the number of months in the year to 12 and
prohibited the intercalation of a 13th month. The Koranic verses are as follows: (Koran 9: 36) “The
number of months in the sight of Allah is twelve (in a year), so ordained by Him the day He created the
heavens and the earth; of them four are sacred: that is the straight usage. So wrong not yourselves
therein, and fight the Pagans all together as they fight you all together. But know that Allah is with
those who restrain themselves”. (Koran 9: 37) “Verily the transposing (of a prohibited month) is an
addition to Unbelief: the Unbelievers are led to wrong thereby: for they make it lawful one year, and
forbidden another year, in order to adjust the number of months forbidden by Allah and make such
forbidden ones lawful. The evil of their course seems pleasing to them. But Allah guideth not those
who reject Faith”.
(12) Muhammad Mutawalla al-Shaârawi: Fiqh al-halal wal haram (édité par Ahmad Azzaâbi), Dar al-
Qalam, Beyrouth, 2000, p. 88
(13) Abderrahman al-Haj: « The faqih, the politician and the determination of lunar months» (in Arabic)
(14) Helmer Aslaksen: The Islamic calendar
(15) Sheikh Abdul Muhsen Al-Obaikan, a Councilor in the Ministry of Justice of Saudi Arabia, is clearly
favourable to the use of modern technology to determine the beginning of months. He says : « Using
the naked eye to determine the beginning and end of Ramadan is primitive in an age of modern
science and technology. There is no other way to put it. It’s pure backwardness.” » (Anver Saad, « The
Untold Story of Ramadhan Moon Sighting » Daily muslims, October 07, 2005)
(16) Al-Ghazali: ‘Ihya’e ‘ouloum addine’, quoted in al-Ghomari, p 30
(17) Van Gent : The Umm al Qura calendar
(18) Ahmad Muhammad Shakir (biographical notice in Arabic)
(19) An author of reference in the science of hadith (in French)
(20) Ahmad Shakir:<"> « The beginning of Arab months … is it licit to determine it using astronomical
calculations? » (published in arabic in 1939) reproduced by the daily « Al-Madina », October 13, 2006
(n° 15878)
(21) Ibn Taymiyyah: Fiqh azzakat wa asseyyam, Dar al fikr al ‘arabi, Beyrouth, 1996, p. 133 ff. and p.
142 : Ibn Taymiyyah has a good knowledge of the astronomical facts. He rejects the use of a tabular
calendar, in which months alternate between 30 days and 29 days in sequence, with the addition of a
day every three years approximately. He explains that this calendar does not truthfully represent the
astronomical facts, because it does not take into account the existence of series of two or three
months of 30 days in a row, and at other times series of two or three months of 29 days in a row, as
they happen, but only adjusts for them in the framework of a 30 year cycle. (p. 142)
(22) Yusuf al-Qaradawi: « Astronomical calculations and determination of the beginning of months »
(in arabic)
(23) Fiqh Council of North America: Islamic lunar calendar
(24) Zulfikar Ali Shah: The astronomical calculations: a fiqhi discussion
(25) These developments were detailed in an article published by Tabsir.net on July 23, 2008 entitled:
Khalid Chraibi: Can the Umm al Qura calendar serve as a global Islamic calendar?

References :
Helmer Aslaksen: The Islamic calendar
Moonsighting.com: Selected articles on the Islamic calendar
Islamic Crescent’s Observation Project (ICOP): Selected articles on the Islamic calendar
Mohamed Odeh: The actual Saudi dating system
Khalid Chraibi: Can the Umm al Qura calendar serve as a global Islamic calendar?
Khalid Chraibi: It is time for the Islamic world to replace lunar uncertainty with scientific facts
(SaudiDebate.com, September 5, 2007)

35
Khalid Chraibi – Tabsir.net
tabsir.net
Wed 23 Jul 2008

Can the Umm al Qura calendar serve as a


global Islamic calendar?
Posted by tabsir under Islam and Christianity , Islam in America , Islamic Rituals , Islamic Sciences ,
Saudi Arabia

36
by Khalid Chraibi
Over the past 50 years, the Arab League, the Organization of the Islamic Conference (OIC) and other
similar bodies presented their member States with over a half-dozen proposals aiming at the
establishment of a common Islamic calendar. Although none of these proposals was adopted, efforts
in search of a solution that could be satisfactory to all interested parties continue to this day. For its
part, the Fiqh Council of North America (FCNA) was also regularly confronted with the responsibility of
telling its Muslim American audience when to start fasting, when to celebrate «eid al-Fitr», «eid al-
Adha», etc. After several years of study of the legal issues involved, it reached a decision, which it
announced in August 2006, to use henceforth a pre-calculated Islamic calendar, taking into
consideration the sightability of the new moon anywhere on Earth. (1)

First, it retains the well-known principle of unicity of horizons ( matâli’) which states that it is sufficient to
observe the new moon anywhere on Earth, in order to declare the beginning of a new lunar month,
applicable in all areas in which the information is received. Second, it uses the International date line
(IDL) or Greenwich Mean Time (GMT) as its conventional point of reference to conduct its analysis.

Based on the maps of sightability of the new moon in the various regions of Earth, which are now
regularly prepared by professional astronomers, (2) FCNA reached the conclusion that when the
conjunction took place before 12:00 noon (GMT), there was enough time left for the new moon to be
seen in numerous areas on Earth where sunset took place long before sunset in North America. Since
the criteria of sightability of the new moon were met in these areas, the new moon would be observed
(or could have been observed if weather conditions had been adequate) long before sunset in North
America. Therefore, the requirements of sightability of the new moon as set by the shari’ah would be
respected, and the new lunar month could begin in North America on sunset of the same day. On the
other hand, if the conjunction took place after 12:00 noon GMT, the month would begin in North
America on sunset of the following day.

The FCNA decision aroused much interest in many Muslim countries, because it elegantly met the
requirements of the traditional interpretation of the shari’ah, while making use of the state-of-the art
know-how in the field of astronomy to respond to the needs of the modern age. It was thought that this
solution could be applicable in other Muslim countries, and could give them a chance to adopt the
same pre-calculated Islamic calendar (prepared on an annual basis, long in advance), in order to fulfill
all the religious duties as well as to manage all other tasks.

An international conference was thus held in Morocco, in November 2006, to study the issues
involved, with the participation of astronomers from Saudi Arabia, Egypt, Jordan, UAE, Iran, Guinea,
Libya, Morocco, and the USA. The overwhelming majority of the participants, including Saudi, Egypt,
and Iran astronomers agreed that the calendar adopted by Fiqh Council of North America could be
used as a Global Islamic Calendar. (3) (4)

But FCNA changed position in 2007 to align itself on a new decision by the European Council for
Fatwa and Research (ECFR), which used the same parameters as those of the Umm al Qura calendar
(5) to determine the beginning of Islamic months. These parameters are as follows : the “conjunction”
must take place “before sunset at the coordinates of Mecca” and “moonset must take place after
sunset” at the same coordinates. (6) FCNA and ECFR justify the adoption of the new parameters by
their desire to help develop a consensus within the Muslim community throughout the world on issues
of common interest, among which that of the calendar.

From a methodological point of view, the substitution of the parameters of Umm al Qura calendar to
those initially set by FCNA in its August 2006 decision has the following consequences:

• The requirement that the “conjunction” take place “before sunset at the coordinates of Mecca” instead
of 12:00 noon GMT, as previously specified by FCNA, adds 3 hours to the time period during which the

37
conjunction will be taken into account. This improves the chances that the first day of the new month
will immediately follow the day on which the conjunction takes place.

• But, the requirement that “moonset take place after sunset” at the Mecca coordinates sets an unduly
restrictive condition, which didn’t exist in FCNA parameters of 2006. It implies that the new moon will
be potentially sightable at Mecca on the evening of the day of conjunction, whereas the FCNA based
its reasoning on the fact that the new moon would be potentially sightable “somewhere on Earth”.

According to FCNA, the data of the calendar thus obtained differs only marginally from the data
developed using its methodology of August 2006.

Concretely, the decisions of FCNA and ECFR have already had the following results:

• The principle of use of a calendar based on calculations is officially sponsored by religious leaders
who are well-known and respected within the Muslim community (7) (8) (9)

• This principle is officially adopted by Islamic organizations whose legitimacy and credibility are
unquestionable;

• The Muslim communities in Europe and America are willing to use this calendar to determine the
beginning of all months, including those associated with religious events.

The impact of these decisions, worldwide, will of course depend on the attitude of the various Muslim
Governments towards them, since it is the latter which have the last word on such matters, each one in
its territory. For example Saudi Arabia only uses the Umm al Qura calendar for administrative
purposes. (5) It considers that it would be against the shari’ah to use it for the determination of
religious dates, such as the beginning of Ramadan, eids al-Fitr and al-Adha, the dates associated with
Hajj, the 1st of Muharram, etc. But, once the use of the calendar based on calculations becomes part
and parcel of the culture of the Muslim community in Europe and America, won’t the minds in Saudi
Arabia be more open to the use of the Umm al Qura calendar for the determination of all lunar months,
including those associated with religious occasions?

The initiatives of CFAN and ECFR may thus help many Muslim States develop, in time, a consensus
about the adoption of a “Global Islamic calendar” for use by all Muslim communities in the world. (10)

Footnotes :
(1) Fiqh Council of North America Islamic lunar calendar
(2) http://www.moonsighting.com/
(3) Moonsighting.com 1427 Zul Hijja
(4) Morocco meeting November 2006 Moonsighting.com
(5) Van Gent: The Umm al-Qura Calendar of Saudi Arabia
(6) Islamic Center of Boston, Wayland Moonsighting decision
(7) Yusuf al-Qaradawi : « Astronomical calculations and the determination of the beginning of months
» (in Arabic)
(8) Zulfikar Ali Shah: The astronomical calculations: a fiqhi discussion
(9) Ahmad Shakir : « The beginning of arab months … is it legal to determine it using astronomical
calculations? » (published in Arabic in 1939) reproduced in the Arab daily « Al-Madina », 13 October
2006 (n° 15878)
(10) This article updates a previous article on the subject entitled : “It is time for the Islamic world to
replace lunar uncertainty with scientific facts” published by SaudiDebate.com on 5 September 2007
and reproduced at http://aster77.wordpress.com/category/islamic-calendarcalendrier-islamique/ under
the title: “Towards a global Islamic calendar”.

38
Khalid Chraibi – Tabsir.net
tabsir.net
Sat 4 Apr 2009
Reforming Islamic family law
Posted by tabsir under Gender and Sexuality , Islamic Law , Morocco , Saudi Arabia ,
Development

Reforming Islamic family law within the


religious framework: the « best practices »
strategy

Khalid Chraibi

Many people in the Muslim world believe, wrongly, that shari’ah is a compilation of legal rules
which are uniformly applied in all Muslim countries. But, the facts are otherwise: these rules vary
significantly from one country to another, as well as over time. As a result, the status of women in
Muslim countries, which is ruled by shari’ah, differs in many ways from one country to another. On any

39
given issue, some national “personal status codes” grant more rights to women or better protect their
interests than other codes.
According to feminine NGOs working in the field of Muslim women’s rights, if Governments
accepted to apply the more favourable rules on any Islamic family law issue (designated as the “best
practices”), this would contribute significantly to the reform of family law “within the religious
framework”, bringing it closer to contemporary international standards.
The unicity of shari’ah within the diversity of rites
These differences between Muslim countries in the rules of applied shari’ah do not result from
a drift by Muslim jurists operating in different national settings. The founders of the major legal schools
of thought opted for this policy of diversity in the early days of Islam, and had it ratified by the first
caliphs and their successors.
Thus, when Malik ibn Anas prepared, at the request of the caliph Abu Jaafar Al Mansur, his major
compilation of Muslim law known as “Al-Muatta”, the caliph wanted to use this work as the reference in
Muslim law, in all the territories under Caliphate rule. But, Malik disagreed, on the grounds that each
major Muslim community in the Caliphate already had its own rules and methodology in the field of
“fiqh”, and should be left free to develop its own jurisprudence in this domain.
Similarly, the founders of the four main schools of Shari’ah in the Sunni tradition (Abu Hanifa,
Malik ibn Anas, Shafi’i, Ibn Hanbal), insisted, in their teachings, that their views should not be
considered as final or binding on all Muslims, in all regions of the world and for all times. If a different
legal school of thought presented a better interpretation of a rule, it should be given due consideration.
This broadmindedness was a characteristic of the juridical culture of the times, and resulted in a wealth
of output by Muslim jurists, over a period of several centuries, until the political authorities decided to
put an end to all activities of juridical “ijtihad” in the 10th century.
Muslim jurists pride themselves, today, on the diversity of rules developed by the various
Islamic legal schools, describing it as a blessing from Heaven. According to them, all these rules
comply with Quranic prescriptions and with the teachings of the Sunnah, despite their differences.
But, this diversity of interpretations adds to the complexity of the tasks of the associations of
defense of women’s rights, when they must handle cases in Muslim legal environments as different as
those of Saudi Arabia and Morocco, for example, even though both claim that they merely apply
shari’ah.
Two contrasted examples: Saudi Arabia and Morocco
According to a report submitted in 2007 by the Saudi association “Women for reform” to the
UN “Committee for the elimination of discrimination against women” (CEDAW), Saudi women are
confronted in a routine way, in their daily life, with great difficulties, due to the following factors:
• There is a total segregation between the sexes, with negative consequences for women,
in all aspects of their life;
• During their entire life, Saudi women live “under the tutelage” of a male guardian, be it a
father, a husband or a blood relative;
• “Without the permission of her “guardian”, a woman can neither go to school, nor obtain
medical care, nor marry, nor travel abroad, nor manage a business, nor do anything of
significance…”.

Saudi authorities explain, however, that Shari’ah has defined a different set of rules for males
and females. Consequently, by applying to each of the two sexes the appropriate Shari’ah rules, they
do not violate anyone’s rights, whether male or female. Shari’ah merely presents a conception of
human rights which differs from that of Western countries.
In contrast, in Morocco, the Personal Status Code of 1957, adopted shortly after
independence, was revised in-depth in 2004, following several decades of struggle by feminine
associations, in order to reflect the evolution of Moroccan society over the past half-century.
The new “Family law” completely redefined the legal status of women within the family and
society, bringing it considerably closer to current international standards. Among other things, it makes
the family the joint responsibility of both spouses, rescinding the wife’s duty of obedience to her
husband. It allows women to be their own guardians, and raises the minimum age of marriage for

40
women to eighteen years. It puts prohibitive restrictions on polygamy, by requiring the consent of the
first wife, the notification of the second wife of the existence of the first one, and a judge’s consent to
the second marriage – which may be granted if he is satisfied that the husband will grant equal status
to each wife, in every respect.
The Law makes polygamy grounds for divorce by the first wife, and promotes the use of a
marriage contract to exclude the possibility of a second marriage by the husband. It puts repudiation
under strict judicial control, and requires an equitable distribution of the couple’s assets before a
divorce can be final.
The Moroccan ulamas and jurists associated with the revision of the Code explain that all its
provisions were based on an attentive and meticulous reading of the Shari’ah, in all its complexity,
taking into account the “best practices” in use in other Muslim countries.
However, following this recasting of the Personal Status Code, the Moroccan authorities
progressively withdrew, one after the other, the reservations they had previously expressed about the
application in Morocco of some provisions of various international Conventions dealing with women’s
rights, which they had earlier considered as possibly “incompatible with religious prescriptions.”
The “better practices” strategy
Confronted with such a range of interpretations in the rules applied to the status of women in
various Muslim countries, feminine NGOs have understood the vanity of challenging any of these
interpretations. Thus, although Saudi Arabia and Morocco differ in significant ways in their
interpretation of Shari’ah, the authorities in both countries are fully convinced that they faithfully apply
its prescriptions.
Feminine NGOs such as “Collectif 95 Maghreb-Egalité” (which comprises the main feminine
associations of Morocco, Algeria and Tunisia) or “Sisters in Islam” from Malaysia have studied these
issues in-depth, and come up with a new strategy to achieve progress in the field of Muslim women’s
rights:
“If all these different rules are equally valid in the Shari’ah, and if some of them grant
more rights to women or protect their interests better, isn’t it these rules (designated as
the “best practices” in Islamic family law) which should be applied in Muslim countries, in
the beginning of the 21st century, in preference to the rules which are less favourable to
women’s rights? Why should women pay the price for these differences in interpretation,
which clearly are the acts of men?”

In support of this last point, NGOs observe that, although the Personal Status Codes of Muslim
countries are based on Quranic prescriptions and Sunnah teachings, they are periodically revised
(Egypt 2000, Mauritania 2001, Morocco 2004, Algeria 2005…). Since the rules presented in these
codes were periodically changed, isn’t this conclusive evidence that many provisions contained in the
codes of family law reflect man-made choices, which have nothing to do with religious prescriptions?
Representative “Best practices”
In order to illustrate what the “best practices” entail, the Malaysian NGO “Sisters in Islam”
(SIS) drew up the following listing of what it considers as representative “best practices”, regrouped by
category, based on the provisions of current family laws in the Muslim world.
Age of the marriage: 18 years for boys and girls (Morocco)
Assent of the spouses: Each of the two spouses must explicitly and freely express his assent to the
marriage (Tanzania, Tunisia, Morocco, etc)
Wali (Tutor): In Tunisia, the would-be spouses can contract their marriage with no need for a wali. In
Cameroon, Fiji, Gambia, Turkey, Uzbekistan, Kyrgyztan: no wali is necessary. In Sri Lanka,
Bangladesh, Pakistan (under Hanafi rite): no wali is necessary for Hanafi women who reached
puberty.
Witnesses to the marriage: In Senegal, two adult witnesses are required, one for each spouse (with no
sex specification for the witnesses).
Polygamy: In Tunisia, it is prohibited. In Morocco, the 2004 Code established severe conditions,
including the wife’s right to specify in the marriage contract, if she so wishes, a provision to prohibit a
second marriage by the husband
Nushuz (disobedience of the wife): In Turkey, Indonesia, Tunisia, there is equality between the two

41
spouses in decisions concerning family life matters.
Divorce: In Tunisia, divorce can only be pronounced by a judge. The two spouses can claim the same
grounds for divorce. In Indonesia, the husband, married under Muslim law, must notify in writing the
Shari’ah Court of his intention to divorce. The six grounds for divorce can be claimed equally by the
spouses. A reconciliation procedure must be carried out. If it fails, the divorce is pronounced by the
Court and is final.
Alimony: In Tunisia, if the husband is “at fault”, the divorced wife receives alimony whose amount is
determined based on the standard of living to which she was accustomed during marriage. In Turkey,
the spouse which is “least at fault” can claim reasonable compensation, paid either monthly or in a
lump sum.
Custody of the children: The Court can entrust the custody of children to either one of the parents,
taking into account the children’s best interests (Tunisia, Cameroon, Republics of Central Asia).
Impact of the application of the “best practices”:
According to feminine associations operating in this field, the adoption by Muslim countries of the “best
practices” in Islamic family law could have a considerable impact on the daily life of millions of women.
It would eliminate some of the excesses to which the authorities go in their interpretation of the rules of
shari’ah, at the expense of women’s rights, such as the prohibition of women driving of a vehicle; the
strict segregation between the sexes in public places, hospitals and schools; the obligation to wear
clothing of a particular type such as hijab, niqab or “burqua”; or even, sometimes, the prohibition to
work outside the home …
The adoption of the “best practices” would also pave the way for a redefinition of the legal
status of women in the Muslim world, giving them the juridical means to protect themselves from abuse
in their daily life, whether under the form of ill-treatment, marital violence, repudiation, polygamy,
discriminatory practices or sexual harassment in the workplace…

Bibliography

Al_Qaradawi, Yusuf. Assahwa al_Islamiya, Cairo, 1991


An-Na’im, Abdullahi A., ed. Islamic Family Law in a Changing world, London, Zed Books, 2002
Women for Reform (WFR). “Shadow report” from Saudi Arabia’s ad hoc group of women to CEDAW,
2007
Saudi Arabia. Official Government Report to CEDAW, 2007
Morocco. Family Law Code, 2004
Collectif 95 Maghreb-Egalité. Guide to equality in the family in the Maghreb, 2003
Collectif 95 Maghreb-Egalité. One hundred steps, one hundred provisions for an egalitarian
codification of Family and Personal Status laws in the Maghreb, 1995
Freedom House: Women’s Rights in the Middle East and North Africa, 2005
United Nations Development Programme (UNDP). The Arab Human Development Report 2005 –
Towards the Rise of women in the Arab world, 2006
Sisters In Islam (SIS). Best practices in family law
Sisters In Islam (SIS). Guide to equality in the family in Malaysia
Rand Corporation. “Best practices” Progressive family laws in Muslim countries, 2005
Women Learning Partnership (WLP). Best practices in family law

42
Wikipedia Encyclopedia (unsigned article)

"Misyar" marriage
Wednesday, August 02, 2006

Khalid Chraibi
“(Lawful unto you in marriage) are (not only) chaste women who are Believers, but chaste women
among the People of the Book, revealed before your time, when ye give them their due dowers, and
desire chastity, not lewdness, nor secret intrigues.” (Quran V,5)

Summary of major findings :

Contrary to widely-held beliefs, misyar marriage fits within the general regime of marriage in Muslim
law, and not in a special regime. Its fulfillment of all the requirements of the sharia is a sine qua none
condition for its validity.

Muslim law confers on the parties the right to set up in the marriage contract certain particular
stipulations relative to their reciprocal rights and obligations. When the parties agree, within the
framework of the marriage "misyar", that the woman will give up some of the rights the law confers to
her as a wife, this is perfectly legal, if that is her will freely expressed.

But, in the event of a change of circumstances, she can assert all the rights which the law confers to
her in her capacity as a wife (like the "nafaqa" for example), because these are inalienable rights within
the framework of the marriage.

The clause of renunciation constitutes only a promise not to assert certain rights. It has an undeniable
standing as a moral commitment, but is of no value on the legal level. The wife can thus respect it as
long as she wishes, and reclaim all her legal rights when she needs to do so.

Such a clause does not affect in any way the rights of the children who could be born from this union,
such as the recognition of paternity, the effects of filiation, the financial responsibility of the father for
his children, or the lawful rights of the wife and children to their share of inheritance, etc.

Despite the fact that the "misyar" marriage is perfectly legal, according to the theologians, and that the

43
wife can reclaim at any time the rights which she gave up at the time of establishment of the marriage
contract, many theologians like Muhammad Ibn Othaymin or Nassirouddine Al-Albany, as well as
many Al Azhar professors, are opposed to this type of marriage because it contradicts the spirit of the
islamic law of marriage and has perverse effects on the woman, the family and the community in
general.

Definition of a Misyar Marriage


"Nikah Misyar" or "travellers' marriage" (Arabic language|Arabic]]: {{Ar| ‫ )}}نكاح المسيار‬can be described as
a legal framework of [[marriage]] in which a [[Islam|Muslim]] couple is united by the bonds of marriage,
based on the usual Islamic marriage contract, but without the husband having to take the usual
financial commitments with respect to his wife. The latter exempts him from some of them by a clause
of the marriage contract through which she gives up some of her rights (such as cohabitation with the
husband, the equal division of the nights between all the wives in the event of [[polygamy]], the
residence, the subsidy of maintenance "nafaqa", etc...). (1)

The wife continues to carry out a separate life from that of her husband, living in her home and
providing for her needs by her own means. But her husband has the right to go to her home (or to the
residence of her parents, where she is often supposed to reside), at any hour of the day or the night,
whenever he wants to. The couple can then appease in a licit way their "legitimate sexual needs" (to
which the wife cannot refuse herself).

The marriage misyar represents, according to some, a spontaneous adaptation of the mode of
marriage to the concrete needs of people who are not able any more to marry in the traditional way in
countries such as [[Saudi Arabia]], [[Kuwait]] or the [[United Arab Emirates]], because of the dearness
of the rents ; the high cost-of-life in general; the high amounts of [[dowry]] required; and other similar
economic and financial reasons. (2)

It fits the needs of a conservative society which punishes severely “[[zina]]” ([[fornication]]) and other
sexual relationships which are established outside the bonds of marriage. The [[Theology|theologians]]
explain that it is suitable for young people whose resources are too limited to found a home ; for the all
too-numerous widows living in the area, who have their own residence and their own financial
resources, and who cannot hope to marry again according to the usual formula (or do not wish to),
because they have dependent children, for example ; for the numerous divorcees ; as well as for the
"old maids" who see their youth fading in an involuntary celibacy, without having tasted the joys of
marriage, for one reason or another. Thus, a million and half women are reduced to a situation of
forced celibacy in Saudi Arabia alone. (3)

The Sheikh of [[Al-Azhar]] [[Muhammad Sayid Tantawi]] and the well-known theologian [[Yusuf Al-
Qaradawi]] note, however, in their writings and in their lectures, that a major proportion of the men who
take a spouse in the framework of the marriage "misyar" are already married men. (4)

Some traits of this marriage are reminiscent of the Nikah [[Mut'ah]] which was practised in Arabia
before Islam, and is still practised by [[Shia]] Muslims as a legitimate form of marriage, although it is
considered as an illicit one by [[Sunni]] Muslims. (5)

But, whereas the Nikah Mut'ah is based on a contract with a fixed date of expiration, the Misyar
marriage contract is concluded for an indeterminate period (even though the husband who enters into
this union looks at it only as a temporary marriage, which ends up in divorce in 80 % of the cases).

The popularity of misyar marriage today results, probably, from a misunderstanding about its real
nature, and about its true legal implications for the husband, the wife and the children that may be born
from this marriage.

Licitness of misyar marriage


From a legal standpoint, the marriage "misyar" raises several complex issues : is it licit ? Doesn’t it
violate the wife’s legitimate rights ? What is the legal value of the wife’s renunciation to some of her

44
rights ? What effets does this situation have on the family and at the social level ?

Contrary to widely-held beliefs, misyar marriage fits within the general regime of marriage in Muslim
law, and not in a special regime. Its fulfillment of all the requirements of the sharia is a sine qua none
condition for its validity.

Thus, when Muslim theologians say that the "misyar" marriage is perfectly licit, all they mean is that
the contract on which it is based must fulfill all the requirements set out by the charia (agreement of
both parties ; presence of a tutor in certain rites ; payment by the husband to his wife (or to the "tutor")
of a dowry of an amount agreed upon between them (which can be important or modest, according to
their wishes) ; presence of witnesses ; publicity of the marriage...). (6)

The Islamic Fiqh Academy (IFA), a specialized body of the Organization of the Islamic Conference
(OIC), has conforted this point of view in a fatwa (7) of April 12, 2006. (8) and (9)

The clause by which the woman gives up some of her rights (the cohabitation of the couple, the
residence, the subsidy towards maintenance (nafaqa)...) raises, for its part, more subtle points of law.
Does it belong with this category of well-known clauses in Muslim law which are against the essence
of the marriage contract, and which vitiate the latter and make it null, as well as the legal union which
is based upon it? Or, maybe, with this second category of clauses which are struck of nullity, whereas
the marriage contract remains valid?

The Sheikh of Al-Azhar Muhammad Sayyed Tantawi reminds one, in this respect, that Muslim law
confers on the parties the right to set up in the marriage contract certain particular stipulations relative
to their reciprocal rights and obligations. When the parties agree, within the framework of the marriage
"misyar", that the woman will give up some of the rights the law confers to her as a wife, this is
perfectly legal, if that is her will freely expressed. (10)

The former mufti of Egypt Nasr Fareed Wassel adds, for his part, that the woman can legitimately give
up some of her rights at the time of marriage, if she so wishes, owing to the fact that she has private
means, for example, or that her father intends to continue to provide for her needs. But, in the event of
a change of circumstances, she can assert all the rights which the law confers to her in her capacity as
a wife (like the "nafaqa" for example), because these are inalienable rights within the framework of the
marriage. (11)

Wassell notes that the clause of renunciation constitutes only a promise not to assert certain rights. It
has an undeniable standing as a moral commitment, but is of no value on the legal level. The wife can
thus respect it as long as she wishes, and reclaim all her legal rights when she needs to do so.

He adds that such a clause does not affect in any way the rights of the children who could be born from
this union, such as the recognition of paternity, the effects of filiation, the financial responsibility of the
father for his children, or the lawful rights of the wife and children to their share of inheritance, etc. (12)

The eminent Saudi theologian Abdullah bin Sulaiman bin Menie, a member of the Higher Council of
Ulemas of Saudi Arabia, corroborates this point of view. In his opinion, the wife can denounce at any
time the renunciation she agreed to at the time of marriage, and require of her husband that he give
her all her rights, including that he live with her and provide for her financial needs ("nafaqa"). The
husband can then either give her satisfaction or grant her a divorce (a right that any husband can
exercise at any time, anyway). (13)

Professor Yusuf Al-Qaradawi , for his part, observes that he doesn’t support this type of marriage, but
has to recognize that it is licit (14). He then states straightforwardly his preference that the clause of
renunciation be not included within the marriage contract, but be the subject of a simple verbal
agreement between the parties (15). He underlines the fact that Muslims are held by their
commitments, whether they are written or verbal.

He thus conforts the point of view of Wassel and bin Menie on this question. He adds that the inclusion
of this clause in the act would not invalidate the latter, which rejoins the point of view of the other two
lawyers when they say that the clause can be denounced by the woman, and be declared without legal

45
value, without calling into question the validity of the marriage itself.

Negative effects of misyar marriage


Despite the fact that the "misyar" marriage is perfectly legal, according to the theologians, and that the
wife can reclaim at any time the rights which she gave up at the time of establishment of the marriage
contract, many theologians like Muhammad Ibn Othaymin or Nassirouddine Al-Albany (16), as well as
many Al Azhar professors (17), are opposed to this type of marriage because it contradicts the spirit of
the islamic law of marriage and has perverse effects on the woman, the family and the community in
general.

It leads to a degradation of men’s morals, resulting in an irresponsible behaviour towards their


spouses. Based on the experience of the "misyar marriage agencies", the man who resorts to the
"misyar" marriage is usually married to a first wife with whom he shares a residence, and to the
financial needs of whom he provides. (18)

It wouldn’t come to this man’s mind to marry a second wife within the regime of polygamy, if he had to
obtain the agreement of his first wife and to assume important additional financial responsibilities
towards his second wife.

But, thanks to the "misyar" marriage, this man feels relieved of any financial or moral responsibility
towards his second wife, as if she were only a licit sexual partner, a mistress “halal”. He thinks he can
bring this relationship to an end by a mere act of repudiation, at any time, without any negative
consequences for himself. (19)

Since he usually refrains from telling his first wife of his second marriage, the relationship within the
couple is distorted, resulting at times in major complications which can even end in divorce, when the
first wife finds out about the situation.

As to the second wife, her status is devalued, because she does not have any right on her husband,
be it over the time he gives her, his presence at her home, or his financial contribution to help her
cover her own needs. Moreover, this type of marriage ends up sooner or later in divorce, (in 80 % of
the cases, according to some), when the wife is no longer to the liking of the husband. She finds
herself abandoned, to lead a solitary life as before the marriage, but traumatized by the experience.
Her social status also suffers from her repudiation.

For these reasons, Al-Albany considers that the "misyar" marriage is not licit, because it runs counter
to the objectives and the spirit of marriage in islam, as described in this verse from the Quran :

“And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell
in tranquillity with them, and He has put love and mercy between your (hearts)…” (20)

It also seems to run counter to the recommendations of this well-known verse from the Quran :

“(Lawful unto you in marriage) are (not only) chaste women who are Believers, but chaste women
among the People of the Book, revealed before your time, when ye give them their due dowers, and
desire chastity, not lewdness, nor secret intrigues.” (21)

Al-Albany and Wassel also underline the family and social problems which result from the “misyar”
marriage, particularly in the event that children are born from this union. The children raised by their
mother in a home from which the father is always absent, without reason, may develop serious
disturbances on the psychological level (16) and (22). The situation becomes even worse if the wife is
abandoned or repudiated by her husband "misyar", with no means of subsistence, as usually happens.

As for Ibn Othaymin, he recognizes the licity of “misyar” marriage from the legal standpoint, but
considers that it should be opposed because it has been turned into a real merchandise that is being
marketed on a large scale by “marriage agencies”, with no relation to the nature of Islamic marriage.
(16)

46
The authors who oppose this type of marriage also underline its harmful effects on the community at
large, in that it allows the development of questionable sexual practices which put the community's
religious beliefs, values and practices in a dubious light.

Thus, wealthy Muslim tourists from the Gulf region regularly go on vacation to exotic places where they
“marry" local call-girls according to Islamic rites, in order for their frolicking to be "halal" (licit in a
religious sense). In some cases, the notary of the local “marriage agency” prepares simultaneously the
papers of marriage and those of divorce, to save time. (23)

Such parodies of islamic marriage carry a prejudice to the image of the whole community, and can
also have a bad influence on the younger generation.

New family law codes


The proponents of the marriage "misyar", though they recognize that it can result in such drifts,
observe that it doesn’t have a monopoly on them. They result, more generally, from the way in which
men interpret and apply the rules of Muslim law : unslung polygamy, easy repudiation, associated with
great wealth, are its basic factors.

It would therefore be more accurate to explain this state of things as a heritage from medieval times,
when marriage was defined by Muslim authors as "a contract posed in order to acquire the right to
enjoy the woman". (24)

Women organizations often observe, in this respect, that the Quranic verses and the Hadiths which
deal with these issues have, more often than not, been interpreted, throughout Muslim history, in
favour of men and at the expense of women's and children's rights. (25)

They remind one that numerous feminine movements and reformist authors have been asking,
throughout the 20th c., for a different reading of Muslim family law, using a modern point of view, in
order to adapt it to the needs of a modern society. In their view, one can scrupulously respect both the
provisions of a religious nature and women's and children’s rights, as established by modern
international law. (26)

But this requires that the modern Muslim community recognize at its proper value the central role of
the woman and the family within the community, instead of devaluing them. It wouldn’t be possible,
anymore, for men to resort to "hiyals" (legal gimmicks to go around the law) such as those on which
the marriage "misyar" is based, to treat their spouses as second class citizens.

Various Islamic countries have reinterpreted the provisions of the charia relative to family law, in the
light of the needs of a modern society, through their own "ijtihad" (legal scholarship) efforts. Each one
of them has set for itself new rules of application of these dispositions, based on its own
circumstances, needs and social objectives.

The following definition of marriage, which one can read in a recently adopted Code of family law,
illustrates how these countries are trying to establish a new equilibrium in the relationships within the
family, between husband and wife :

“Marriage is a pact based on mutual assent in order to establish a legal and durable union, between a
man and a woman. Its purpose is a life in reciprocal fidelity, purity and the foundation of a stable family
under the direction of the two spouses, in accordance with the provisions of this Code.” (27)

In the countries which have promulgated such laws, "misyar" marriage cannot take place.

Notes and Références


(1) Al-Qaradawi, Yusuf : Misyar marriage [http://www.islamonline.net/servlet/Satellite?

47
pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503544160 ]

(2) Al-Qaradawi, Yusuf : Misyar marriage [http://answering-islam.org.uk/Index/M/misyar.html]

(3) Al-Qaradawi, Yusuf : Zawaj al misyar, (1999), (in arabic), p 10

(4) Jobarti, Somayya : Misyar marriage – a marvel or misery ? [http://www.arabnews.com/?


page=9&section=0&article=64891]

(5) Al-Qaradawi, Yusuf : Mut’ah marriage [http://www.islamonline.net/servlet/Satellite?


cid=1119503544100&pagename=IslamOnline-English-Ask_Scholar%2FFatwaE
%2FFatwaEAskTheScholar ]

(6) Al-Qaradawi, Yusuf : Misyar marriage [http://www.islamonline.net/servlet/Satellite?


pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503544160 ] et Zawaj al
misyar, p 11

(7) A fatwa, whether it originates with the Sheikh of Al-Azhar, with the Mufti of Egypt, or with the
Islamic Fiqh Academy (IFA), for example, is not a text of law or a court order with which everybody
must comply, whether he likes it or not. A fatwa’s objective is merely to present a qualified legal point
of view, which makes it possible for all interested parties to better understand what the law has to say
on a given topic, according to the author of the fatwa. The only person that is committed to the fatwa is
its author. Thus, none of the 43 member States of IFA is under any compulsion to apply the IFA fatwa,
whose provisions may even be incompatible with the national codes of family law of some of them.

* See for example an interview given by Sheikh Abdul Mohsen Al-Obeikan, vice-minister of Justice of
Saudi Arabia, to the arabic daily "Asharq al awsat" on July 9, 2006, in which he discusses the legal
value of a fatwa by the Islamic Fiqh Academy (IFA) on the subject of misyar marriage, which had been
rendered by IFA on April 12, 2006. Some relevant excerpts follow :

(Asharq Al-Awsat) From time to time and through its regular meetings, the Islamic Fiqh Academy
usually issues various fatwas dealing with the concerns Muslims. However, these fatwas are not
considered binding for the Islamic states. What is your opinion of this?
(Obeikan) Of course, they are not binding for the member Islamic states.
(Asharq Al-Awsat) But, what is the point of the Islamic Fiqh Academy's consensus on fatwas that are
not binding for the member States?
(Obeikan) There is a difference between a judge and a mufti. The judge issues a verdict and binds
people to it. However, the mufti explains the legal judgment but he does not bind the people to his
fatwa. The decisions of the Islamic Fiqh Academy are fatwa decisions that are not binding for others.
They only explain the legal judgment, as the case is in fiqh books.
(Asharq Al-Awsat) Well, what about the Ifta House [official Saudi fatwa organism] ? Are its fatwas not
considered binding on others?
(Obeikan) I do not agree with this. Even the decisions of the Ifta House are not considered binding,
whether for the people or the State.[http://www.asharqalawsat.com/english/news.asp?
section=3&id=5572]

(8) Al-Marzuqi Saleh Secretary General IFA, interviewed by TV Alarabiya.net on 12/04/06 concerning
the IFA decisions [http://metransparent.com/texts/ulemas_legalize_misyar_marriage.htm]

(9) An-Najimi, Muhammad : member of IFA, interviewed by TV Alarabiya.net on 28/04/06 concerning


the IFA decisions [http://www.alarabiya.net/Articlep.aspx?P=23324]

(10) quoted in Hassouna addimashqi, Arfane : Nikah al misyar (2000), (in arabic), p. 14 ; see also Al-
Qaradawi, Yusuf : Zawaj al misyar, (1999), (in arabic), p. 12

(11) quoted in Hassouna addimashqi, Arfane : Nikah al misyar (2000), (in arabic), p. 16

(12) quoted in Hassouna addimashqi, Arfane : Nikah al misyar (2000), (in arabic), p. 16 ; see also Al-
Qaradawi, Yusuf : Zawaj al misyar, p. 15 in which he recommends that the marriage contract be

48
registered to protect the rights of children in case of dispute.

(13) quoted by Al-Hakeem, Mariam : Misyar marriage gaining prominence among Saudis
[http://www.gulfnews.com/Articles/RegionNF.asp?ArticleID=165873]

(14) Al-Qaradawi, Yusuf : Zawaj al misyar p. 8

(15) Al-Qaradawi, Yusuf : Zawaj al misyar , pp.13-14

(16) Bin Menie, Abdullah bin Sulaïman : fatwa concerning the marriage misyar (and opinions by Ibn
Othaymin, Muhammad Saleh et Alalbany, Nassirouddine on the same subject) (in arabic)
[http://www.bab-albahrain.net/forum/showthread.php?p=329473#post329473]

(17) Yet another marriage with no strings [http://www.metimes.com/articles/normal.php?


StoryID=20000407-042210-7478r] fatwa committee of al azhar against misyar

(18) Al-Qaradawi, Yusuf : Zawaj al misyar, p. 24 - see also : Jobarti, Somayya : Misyar marriage – a
marvel or misery ? [http://www.arabnews.com/?page=9&section=0&article=64891]

(19) Marriage of convenience is allowed, says Grand Imam Tantawi


[http://www.dailyexpress.com.my/news.cfm?NewsID=42349]

(20) (Quran, XXX : 21)

(21) (Quran, V : 5)

(22) Wassel quoted in Hassouna addimashqi, Arfane : Nikah al misyar (2000), (in arabic), p 16)

(23) Arabian Sex Tourism [http://www.danielpipes.org/article/3022] – see also :


Indonesia Deports Saudis for Running Marriage Racket [http://www.arabnews.com/?
page=1&section=0&article=85970&d=3&m=8&y=2006]

(24) Chehata, Chafik : droit musulman, Dalloz, Paris, 1970, p. 68

(25) See for example Ahmed, Leila : Women and gender in islam, Yale University Press, 1992 – or
Hassan, Raf’at, Islam and women’s rights (arabic translation, 2000) – or Amin, Qassim : Tahrir al mar’a

(26) See for example Zineddine, Nadhera : Assoufour wal hijab – or Zineddine, Nadhera : Alfatat wa
chchouyoukh

(27) Kingdom of Morocco, Code of family law, 3 February 2004, art. 4 [http://66.102.9.104/search?
q=cache:Im_QZ2myMBsJ:www.a-e-
r.org/fileadmin/user_upload/Commissions/EqualOportunities/EventsAndMeetings/2006/Kiruna-
Le_nouveau_Code_de_la_famille_au_Maroc.ppt+Maroc+code+famille+2004&hl=fr&gl=ma&ct=clnk&c
d=6&client=firefox-a]

External links
English
* Al-Qaradawi, Yusuf : Misyar marriage [http://www.islamonline.net/servlet/Satellite?
pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503544160 ]
* Al-Qaradawi, Yusuf : Mut’ah marriage [http://www.islamonline.net/servlet/Satellite?
cid=1119503544100&pagename=IslamOnline-English-Ask_Scholar%2FFatwaE
%2FFatwaEAskTheScholar ]
* Al-Qaradawi, Yusuf : The philosophy of marriage in islam
[http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-

49
Ask_Scholar/FatwaE/FatwaE&cid=1119503543574]
* Kutty : Conditions of valid marriage [http://www.islamonline.net/servlet/Satellite?
cid=1119503546572&pagename=IslamOnline-English-Ask_Scholar%2FFatwaE
%2FFatwaEAskTheScholar ]
* Siddiqi : Witnesses and mahr (dower) for marriage [http://www.islamonline.net/servlet/Satellite?
cid=1119503549066&pagename=IslamOnline-English-Ask_Scholar%2FFatwaE
%2FFatwaEAskTheScholar ]
* Al-Qasim : Temporary marriage (mut'ah) [http://www.islamtoday.com/show_detail_section.cfm?
q_id=367&main_cat_id=17]
* Urfi marriage [http://marriage.about.com/od/islammarriage/g/urfi.htm?once=true&]
* Yet another marriage without strings [http://www.metimes.com/articles/normal.php?
StoryID=20000407-042210-7478r] fatwa committee of al azhar against misyar
* Misyar marriage [http://answering-islam.org.uk/Index/M/misyar.html]
* Misyar marriage [http://lexicorient.com/e.o/misyar.htm]
* Misyar marriage [http://marriage.about.com/od/islammarriage/g/misyar.htm]
* Misyar marriages [http://ziadrazak.net/?p=176]
* Dahiru Atta, Aisha : Misyar marriages : a puzzle or a solution ?
[http://www.islamonline.net/English/family/2005/07/article04.shtml]
* Misyar marriage – a marvel or misery ? [http://www.arabnews.com/?
page=9&section=0&article=64891]
* Misyar offers marriage-lite in strict Saudi society
[http://news.yahoo.com/s/nm/20060719/od_nm/saudi_marriage_dc_3]
* Al-Hakeem, Mariam : Misyar marriage gaining prominence among Saudis
[http://www.gulfnews.com/Articles/RegionNF.asp?ArticleID=165873]
* Part time marriage the rage in Egypt [http://answering-
islam.org.uk/Index/M/passerby_marriages.html]
* No strings attached marriage enrages Gulf women [http://www.metimes.com/articles/normal.php?
StoryID=20060425-070226-4676r]
* Prostitution is now official and religiously condoned in Arab land
[http://sabbah.biz/mt/archives/2006/04/27/prostitution-is-now-official-and-religiously-condoned-in-arab-
land/]
* Marriage or mockery ? [http://www.saudigazette.com.sa/index.php?
option=com_content&task=view&id=10823&Itemid=116]
* Al-Obeikan, Sheikh Abdul Mohsen, vice-ministre de la Justice d'Arabie Saoudite : interview de
Asharq al-Awsat du 09/07/06 où il discute de la valeur légale de la fatwa de l'AIF
[http://www.asharqalawsat.com/english/news.asp?section=3&id=5572]

Arabic
* Al-Marzuqi Saleh Secretary General of IFA, interviewed by TV Alarabiya.net on the subject of the IFA
decisions on 12/04/2006 [http://metransparent.com/texts/ulemas_legalize_misyar_marriage.htm]
* An-Najimi, Muhammad : member of IFA, interviewed by TV AlArabiya.net on the subject of the IFA
decisions on (28/04/06) [http://www.alarabiya.net/Articlep.aspx?P=23324]
* Bin Menie, Abdullah bin Sulaïman : fatwa concerning marriage misyar (and opinions of Ibn Othaymin
and Al-albany on the same subject)
* [http://www.bab-albahrain.net/forum/showthread.php?p=329473#post329473]

50
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Islam and other
"Arabic calendar" redirects here. For the Gregorian calendar inreligions
Arabic, see Arabic names of calendar months.
The Islamic calendar or Muslim calendar or Hijri calendar (Arabic: Christianity · Judaism
‫ ;التقويم الهجري‬at-taqwīm al-hijrī; Persian: ‫ تقویم هجری قمری‬taqwīm-e hejri-yeHinduism · Sikhism · Jainism ·
Mormonism

51 See also

Criticism
Glossary of Islamic terms

Islam portal
d•e
qamari; Turkish: Hicri Takvim; Urdu: ‫ اسلمی تقویم‬Islami taqwīm) is a lunar calendar consisting of 12 lunar
months in a year of 354 or 355 days. It is used to date events in many Muslim countries (concurrently
with the Gregorian calendar), and used by Muslims everywhere to determine the proper day on which
to celebrate Islamic holy days and festivals. The first year was the year during which the emigration of
the Islamic prophet Muhammad from Mecca to Medina, known as the Hijra, occurred. Each numbered
year is designated either H for Hijra or AH for the Latin anno Hegirae (in the year of the Hijra).[1] A
limited number of years before Hijra (BH) are used to date events related to Islam, such as the birth of
Muhammad in 53 BH.[2] The current Islamic year is 1431 AH, from approximately 18 December 2009
(evening) to 6 December 2010 (evening).
Being a purely lunar calendar, it is not synchronized with the seasons. With an annual drift of
11 or 12 days, the seasonal relation is repeated approximately each 33 Islamic years.

Contents
[hide]
• 1 Months
• 2 Days of the week
• 3 History
• 3.1 Pre-Islamic calendar
• 3.2 Prohibiting Nasi
• 4 Numbering the years
• 5 Astronomical considerations
• 6 Theological considerations
• 7 Saudi Arabia's Umm al-Qura calendar
• 8 Tabular Islamic calendar
• 9 Kuwaiti algorithm
• 10 Notable dates
• 11 Current correlations
• 12 Uses
• 13 See also
• 14 References
• 15 External links
• 16 Date converters

[edit] Months
The Islamic months are named as follows:[3]
1. Muḥarram ‫( محر‡م‬or Muḥarram al Ḥaram)
2. Ṣafar ‫( صفر‬or Ṣafar al Muzaffar)
3. Rabīʿ al-Awwal (Rabīʿ I) ‫ربيع الو‡ل‬
4. Rabīʿ al-Thānī (or Rabīʿ al-Ākhir) (Rabīʿ II) ‫ربيع الخر أو ربيع الثاني‬
5. Jumādā al-Ūlā (Jumādā I) ‫جمادى الولى‬
6. Jumādā al-Thānī (or Jumādā al-Ākhirah) (Jumādā II) ‫جمادى الخرة أو جمادى الثانية‬
7. Rajab ‫( رجب‬or Rajab al-Murājab)
8. Shaʿbān ‫( شعبان‬or Shaʿbān al-Muʿaẓẓam)
9. Ramaḍān ‫( رمضان‬or Ramaḍān al-Mubārak)
10.Shawwāl ‫( شو‡ال‬or Shawwāl al-Mukarram)
11.Dhū al-Qaʿda ‫( ذو القعدة‬or Dhū al-Qiʿda)
12.Dhū al-Ḥijja ‫( ذو الحجة‬or Dhū al-Ḥajja)
Of all the months in the Islamic calendar, Ramadan is the most venerated. Muslims are
required to abstain from eating, drinking any liquid, and sexual intercourse during the daylight hours of
this month.

52
[edit] Days of the week
In the Arabic language, as in the Hebrew language, the "first day" of the week corresponds
with Sunday of the planetary week. The Islamic and Jewish weekdays begin at sunset, whereas the
medieval Christian and planetary weekdays begin at the following midnight.[4] Muslims gather for
worship at a mosque at noon on "gathering day" (Yaum al-Jumu'ah) which corresponds with Friday
("yawm ‫ "يوم‬means day). Thus "gathering day" is often regarded as the weekly day of rest, so the
following day, Saturday, is often regarded as the first day of the work week.
Arabic English Hindi Bangla Hebrew

Yawm al-Aḥad Yom


Ravivaar
1 ‫يوم الحد‬ Sunday রররররর Rishon
रव र Ahad
(first day) ‫יום ראשון‬

Yawm al-
Yom
Ithnayn Somvaar
2 Monday রররররর Sheni
‫يوم الثنين‬ सम र
‫יום שני‬
(second day)

Yawm ath-
Yom
Thulaathaaʼ Mangalvaar
3 Tuesday রররররররর Shlishi
‫يوم الثلثاء‬ मगल र
‫יום שלישי‬
(third day)

Yawm al-
Yom
Arba'aa' Budhvaar
4 Wednesday রররররর Revi'i
‫يوم الربعاء‬ बध र
‫יום רבעי‬
(fourth day)

Yawm al-
Yom
Khamīs Guruvaar
5 Thursday ররররররররররর Khamishi
‫يوم الخميس‬ गर र
‫יום חמישי‬
(fifth day)

Yawm al-
Yom
Jumu'ah Shukravaar
6 Friday রররররররর Shishi
‫يوم الجمعة‬ शक र
‫יום ששי‬
(gathering day)

Yawm as-Sabt Yom


Shanivaar
7 ‫يوم السبت‬ Saturday রররররর Shabbat
शन र
(sabbath day) ‫יום שבת‬

[edit] History
[edit] Pre-Islamic calendar
Some scholars, both Muslim[5][6] and Western,[7] think that the pre-Islamic calendar of central
Arabia was a purely lunar calendar similar to the modern Islamic calendar, differing only when the
sanctity of the four holy months were postponed by one month from time to time.
Other scholars, both Muslim[8][9] and Western,[10][11] concur that it was originally a lunar
calendar, but about 200 years before the Hijra it was transformed into a lunisolar calendar containing
an intercalary month added from time to time to keep the pilgrimage within the season of the year
when merchandise was most abundant for Bedouin buyers. This intercalation was administered by the
Nasa'a of the tribe Kinana, known as the Qalāmis, the plural of Qalammas, who learned of it from
Jews. The process was called Nasi or postponement because every third year the beginning of the
year was postponed by one month. The intercalation doubled the month of the pilgrimage, that is, the
month of the pilgrimage and the following month were given the same name, postponing the names
and the sanctity of all subsequent months in the year by one. The first intercalation doubled the first

53
month Muharram, then three years later the second month Safar was doubled, continuing until the
intercalation had passed through all twelve months of the year and returned to Muharram, when it was
repeated. Support for this view is provided by inscriptions from the south Arabian pre-Islamic kingdoms
of Qataban (Kataban) and Sheba (Saba) (both in modern Yemen), whose lunisolar calendars featured
an intercalary month obtained by repeating a normal month. The prohibition of Nasi was revealed
when the intercalated month had returned to its position just before Nasi began.
If Nasi meant intercalation, then the number and the position of the intercalary months
between 1 AH and 10 AH are uncertain, western calendar dates commonly cited for key events in early
Islam such as the Hijra, the Battle of Badr, the Battle of Uhud and the Battle of the Trench, should be
viewed with caution as they might be in error by one, two or even three lunar months.

[edit] Prohibiting Nasi


In the tenth year of the Hijra, as documented in the Qur'an (sura 9:36-37), Muslims believe
God (Allah) revealed the prohibition of the Nasi.
The number of months with Allah has been twelve months by Allah's ordinance since the
day He created the heavens and the earth. Of these four are known as forbidden [to fight
in]; That is the straight usage, so do not wrong yourselves therein, and fight those who go
astray. But know that Allah is with those who restrain themselves.

Verily the transposing (of a prohibited month) is an addition to Unbelief: The Unbelievers
are led to wrong thereby: for they make it lawful one year, and forbidden another year, of
months forbidden by Allah and make such forbidden ones lawful. The evil of their course
seems pleasing to them. But Allah guideth not those who reject Faith.

Muhammad prohibiting intercalation, illustration of Al-Bīrūnī's The Remaining Signs of Past


Centuries (17th century copy of an early 14th century Ilkhanid manuscript).[12]
This prohibition was repeated by Muhammad during the farewell sermon which was delivered
on 9 Dhu al-Hijja 10 AH on Mount Arafat during the farewell pilgrimage to Mecca.
Certainly the Nasi is an impious addition, which has led the infidels into error. One year
they authorise the Nasi, another year they forbid it. They observe the divine precept with
respect to the number of the sacred months, but in fact they profane that which God has
declared to be inviolable, and sanctify that which God has declared to be profane.
Assuredly time, in its revolution, has returned to such as it was at the creation of the
heavens and the earth. In the eyes of God the number of the months is twelve. Among
these twelve months four are sacred, namely, Rajab, which stands alone, and three
others which are consecutive.
—translated by Sherrard Beaumont Burnaby[13]

The three successive forbidden months mentioned by Muhammad (months in which battles
are forbidden) are Dhu al-Qi'dah, Dhu al-Hijjah, and Muharram, months 11, 12, and 1. The single
forbidden month is Rajab, month 7. These months were considered forbidden both within the new
Islamic calendar and within the old pagan Meccan calendar, although whether they maintained their
"forbidden" status after the conquest of Mecca has been disputed among Islamic scholars.[citation
needed]

54
[edit] Numbering the years
In pre-Islamic Arabia, it was customary to identify a year after a major event which took place
in it. Thus, according to Islamic tradition, Abraha, governor of Yemen, then a province of the Christian
Kingdom of Aksum (Ethiopia), attempted to destroy the Kaaba with an army which included several
elephants. The raid was unsuccessful, but that year became known as the Year of the Elephant. It saw
the birth of Muhammad (see surat al-Fil). That corresponded to the year AD 570 or 571, though many
western scholars say the expedition of Abraha was in fact much earlier.[ citation needed]
In 638 (the year 17 AH), Abu-Musa al-Asha'ari, one of the officials of the second Caliph Umar
in Basrah, complained about the absence of any dating system in the correspondence he received
from Umar, making it difficult for him to determine which instructions were most recent. This report
convinced Umar of the need to introduce a calendar system for Muslims. After debating the issue with
his Counsellors, he decided to start the calendar with the date of Muhammad's arrival at Madina tun
Nabi (known as Yathrib, before Muhammad's arrival).
Uthman ibn Affan then suggested to start the calendar with the month of Muharram, in line with
the established custom of the Arabs at that time.
The Islamic calendar numbering of the years thus began with the month of Muharram in the
year of Muhammad's arrival at the city of Medina. According to calculations, the first day of the first
year corresponded to Friday, July 16, 622 (even though the actual emigration took place in
September).[1] Because of the Hijra event, the calendar was named the Hijra calendar.[14]
Though Cook and Crone in "Hagarism" cite a coin form 17 AH, the first surviving attested use
of a Hijri calendar date alongside a Coptic calendar date is on a papyrus from Egypt in 22 AH, PERF
558.

[edit] Astronomical considerations


The Islamic calendar is not to be confused with a lunar calendar that is based on astronomical
calculations. The latter is based on a year of 12 months adding up to 354.37 days. Each lunar month
begins at the time of the monthly "conjunction", when the Moon is located on a straight line between
the Earth and the Sun. The month is defined as the average duration of a rotation of the Moon around
the Earth (29.53 days). By convention, months of 30 days and 29 days succeed each other, adding up
over two successive months to 59 full days. This leaves only a small monthly variation of 44 mn to
account for, which adds up to a total of 24 hours (i.e. the equivalent of one full day) in 2.73 years. To
settle accounts, it is sufficient to add one day every three years to the lunar calendar, in the same way
that one adds one day to the Gregorian calendar, every four years.[15] The technical details of the
adjustment are described in Tabular Islamic Calendar.
The Islamic calendar, however, is based on a different set of conventions.[16] Each month has
either 29 or 30 days, but usually in no discernible order. Traditionally, the first day of each month is the
day (beginning at sunset) of the first sighting of the hilal shortly after sunset. If the hilal is not observed
immediately after the 29th day of a month (either because clouds block its view or because the
western sky is still too bright when the moon sets...), then the day that begins at that sunset is the 30th.
Such a sighting has to be made by one or more trustworthy men testifying before a committee of
Muslim leaders. Determining the most likely day that the hilal could be observed was a motivation for
Muslim interest in astronomy, which put Islam in the forefront of that science for many centuries.
This traditional practice is still followed in the overwhelming majority of Muslim countries. Each
Islamic State proceeds with its own monthly observation of the new moon (or, failing that, awaits the
completion of 30 days) before declaring the beginning of a new month on its territory. But, the lunar
crescent becomes visible only some 15–18 hours after the conjunction, and only subject to the
existence of a number of favourable conditions relative to weather, time, geographic location, as well
as various astronomical parameters.[17] Given the fact that the moon sets progressively later than the
sun as one goes West, Western Muslim countries are likely to observe the new moon one day earlier
than Eastern Muslim countries. Due to the interplay of all these factors, the beginning of each month
differs from one Muslim country to another, and the information provided by the calendar in any
country does not extend beyond the current month.
A number of Muslim countries try to overcome some of these difficulties by applying different
astronomy-related rules to determine the beginning of months. Thus, Malaysia, Indonesia, and a few

55
others begin each month at sunset on the first day that the moon sets after the sun (moonset after
sunset). In Egypt, the month begins at sunset on the first day that the moon sets at least five minutes
after the sun...A detailed analysis of the available data shows, however, that there are major
discrepancies between what countries say they do on this subject, and what they actually do.[18]

[edit] Theological considerations


If the Islamic calendar were prepared using astronomical calculations, Muslims throughout the
Muslim world could use it to meet all their needs, the way they use the Gregorian calendar today. But,
there are divergent views on whether it is licit to do so.[19]
A majority of theologians oppose the use of calculations on the grounds that the latter would
not conform with Muhammad's recommendation to observe the new moon of Ramadan and Shawal in
order to determine the beginning of these months.[20][21][22]
Some jurists see no contradiction between Muhammad's teachings and the use of calculations
to determine the beginnings of lunar months.[23] They consider that Muhammad's recommendation
was adapted to the culture of the times, and should not be confused with the acts of worship.[24][25]
[26]
Thus, jurists Ahmad Muhammad Shakir and Yusuf al-Qaradawi both endorsed the use of
calculations to determine the beginning of all months of the Islamic calendar, in 1939 and 2004
respectively.[27][28] So did the "Fiqh Council of North America" (FCNA) in 2006[29][30] and the
"European Council for Fatwa and Research" (ECFR) in 2007.[31]

[edit] Saudi Arabia's Umm al-Qura calendar


Saudi Arabia uses the sighting method to determine the beginning of each month of the Hijri
calendar. Since AH 1419 (1998/99) several official hilal sighting committees have been set up by the
government to determine the first visual sighting of the lunar crescent at the beginning of each lunar
month. Nevertheless, the religious authorities also allow the testimony of less experienced observers
and thus often announce the sighting of the lunar crescent on a date when none of the official
committees could see it.
The country also uses the Umm al-Qura calendar, based on astronomical calculations, but this
is restricted to administrative purposes. The parameters used in the establishment of this calendar
underwent significant changes over the past decade.[32]
Before AH 1420 (before April 18, 1999), if the moon's age at sunset in Riyad was at least 12
hours, then the day ending at that sunset was the first day of the month. This often caused the Saudis
to celebrate holy days one or even two days before other predominantly Muslim countries, including
the dates for the Hajj, which can only be dated using Saudi dates because it is performed in Mecca.
For AH 1420-22, if moonset occurred after sunset at Mecca, then the day beginning at that
sunset was the first day of a Saudi month, essentially the same rule used by Malaysia, Indonesia, and
others (except for the location from which the hilal was observed).
Since the beginning of AH 1423 (March 16, 2002), the rule has been clarified a little by
requiring the geocentric conjunction of the sun and moon to occur before sunset, in addition to
requiring moonset to occur after sunset at Mecca. This ensures that the moon has moved past the sun
by sunset, even though the sky may still be too bright immediately before moonset to actually see the
crescent.
In 2007, the Islamic Society of North America, the Fiqh Council of North America and the
European Council for Fatwa and Research announced that they will henceforth use a calendar based
on calculations, using the same parameters as the Umm al-Qura calendar, to determine (well in
advance) the beginning of all lunar months (and therefore the days associated with all religious
observances). This was intended as a first step on the way to unify Muslims' calendars throughout the
world, in some future time. But, despite this stated objective, they will continue to differ, on this point,
from Saudi Arabia's officially stated, but hard to verify policy of relying exclusively on sighting to
determine the dates of religious observances.[33][34]

56
[edit] Tabular Islamic calendar
Main article: Tabular Islamic calendar
There exists a variation of the Islamic calendar known as the tabular Islamic calendar in which
months are worked out by arithmetic rules rather than by observation or astronomical calculation. It
has a 30-year cycle with 11 leap years of 355 days and 19 years of 354 days. In the long term, it is
accurate to one day in about 2500 years. It also deviates up to about 1 or 2 days in the short term.

[edit] Kuwaiti algorithm


Main article: Kuwaiti algorithm
Microsoft uses the "Kuwaiti algorithm" to convert Gregorian dates to the Islamic ones.
Microsoft claims that it is based on a statistical analysis of historical data from Kuwait[35] but it is in
fact a variant of the tabular Islamic calendar.[36]

[edit] Notable dates


Main article: Muslim holidays
Important dates in the Islamic (Hijri) year are:
• 1 Muharram (Islamic New Year)
• 10 Muharram (Day of Ashura) For Sunni Muslims, the crossing of the Red Sea by the
Israelites. For Shia Muslims, the martyrdom of Husayn ibn Ali, the grandson of Muhammad,
and his followers.
• 12 Rabi al Awal (Mawlid an Nabi for Sunni Muslims)
• 17 Rabi al Awal (Mawlid an Nabi for Shia Muslims Twelvers)
• 13 Rajab (Birthday of Ali ibn Abi Talib.)
• 27 Rajab (Isra and Miraj)
• 15 Sha'ban (Mid-Sha'ban, or Night of Forgiveness), and the birthday of Muhammad al-
Mahdi (The Twelfth Imam)
• 1 Ramadan (first day of fasting)
• 21 Ramadan Ali ibn Abi Talib's Martyrdom.
• 27 Ramadan (Nuzul Al-Qur'an) (17 Ramadan in Indonesia and Malaysia)
• Last third of Ramadan which includes Laylat al-Qadr
• 1 Shawwal (Eid al-Fitr)
• 8-13 Dhu al-Hijjah (the Hajj to Mecca)
• 10 Dhu al-Hijjah (Eid al-Adha)
• 18 Dhu al-Hijjah (Eid al-Ghadeer)
• 24 Dhu al-Hijjah (Eid al-Mubahila)

[edit] Current correlations


This section may require cleanup to meet Wikipedia's quality standards.
Please improve this section if you can. (March 2010)
For a very rough conversion, multiply the Islamic year number by 0.97432, and then add 622
to get the Gregorian year number. An Islamic year will be entirely within a Gregorian year of the same
number in the year 20874. The Islamic calendar year of 1429 occurred entirely within the Gregorian
calendar year of 2008. Such years occur once every 33 or 34 Islamic years (32 or 33 Gregorian years).
More are listed here:

Islamic year within Gregorian year

Islamic Gregorian Difference

1060 1650 590

57
1093 1682 589

1127 1715 588

1161 1748 587

1194 1780 586

1228 1813 585

1261 1845 584

1295 1878 583

1329 1911 582

1362 1943 581

1396 1976 580

1429 2008 579

1463 2041 578

1496 2073 577

1530 2106 576

1564 2139 575

Because a hijri or Islamic lunar year is between 10 and 12 days shorter than a Gregorian year,
it begins 10–12 days earlier in the Gregorian year following the Gregorian year in which the previous
hijri year began. Once every 33.58 hijri years, or once every 32.58 Gregorian years, the beginning of a
hijri year (1 Muharram) coincides with one of the first ten days of January. Subsequent hijri New Years
move backward through the Gregorian year back to the beginning of January again, passing through
each Gregorian month from December to January. To find the Gregorian year and approximate
Gregorian month within which a specific hijri year begins, locate that hijri year within the table above.
Subtract from it the hijri year after the previous hijri year which occurred within a single Gregorian year
(the coinciding year). For the hijri year 1344, the previous coinciding hijri year was 1329, so subtract
1330 from 1344, yielding 14. Add 14 to the coinciding Gregorian year of 1911 yielding 1925. To
determine the approximate Gregorian month within which the stated hijri year begins, divide 14 by 33
(the coincidence period) and multiply by 12 months yielding 5.5 months before January. Thus hijri year
1330 begins within July 1925.

[edit] Uses
The Islamic calendar is now used primarily for religious purposes, and for official dating of
public events and documents in Muslim countries. Because of its nature as a purely lunar calendar, it
cannot be used for agricultural purposes and historically Islamic communities have used other
calendars for this purpose: the Egyptian calendar was formerly widespread in Islamic countries, and
the Iranian calendar and the 1789 Ottoman calendar (a modified Julian calendar) were also used for
agriculture in their countries. In Morocco, the Berber calendar (another Julian calendar) is still used by
farmers in the countryside. These local solar calendars have receded in importance with the near-
universal adoption of the Gregorian calendar for civil purposes. As noted above, Saudi Arabia uses the
Islamic calendar to date religious occasions such as Ramadan, Hajj, etc. and the Umm-al-Qura
calendar, based on calculations, for administrative purposes and daily government business.[37]

58
[edit] See also
• Javanese calendar
• Iranian calendar
• 1 AH
• Lunar phase

[edit] References
1. ^ a b Watt, W. Montgomery. "Hidjra". in P.J. Bearman, Th. Bianquis, C.E. Bosworth, E.
van Donzel and W.P. Heinrichs. Encyclopaedia of Islam Online. Brill Academic Publishers.
ISSN 1573-3912.
2. ^ Prophet Muhammad by Islamic Finder
3. ^ B. van Dalen; R.S. Humphreys; A.K.S Lambton, et al.. "Tarikh". in P.J. Bearman, Th.
Bianquis, C.E. Bosworth, E. van Donzel and W.P. Heinrichs. Encyclopaedia of Islam Online.
Brill Academic Publishers. ISSN 1573-3912.
4. ^ Trawicky (2000) p. 232
5. ^ Mahmud Effendi (1858), as discussed by Burnaby, pages 460–470.
6. ^ According to "Tradition", repeatedly cited by F.C. De Blois.
7. ^ F.C. De Blois, "TA'RIKH": I.1.iv. "Pre-Islamic and agricultural calendars of the
Arabian peninsula", The Encyclopaedia of Islam X:260.
8. ^ al-Biruni, "Intercalation of the Ancient Arabs", The Chronology of Ancient Nations , tr.
C. Edward Sachau, (London: William H. Allen, 1000/1879) 13–14, 73–74.
9. ^ Abu Ma'shar al-Balkhi (787–886), Kitab al-Uluf, Journal Asiatique, series 5, xi (1858)
168+. (French) (Arabic)
10.^ A. Moberg, "NASI'", The Encyclopaedia of Islam VII:977.
11.^ A. Moberg, "NASI'", E.J. Brill's first encyclopaedia of Islam
12.^ From an illustrated manuscript of Al-Biruni's 11th c. Vestiges of the Past
(Bibliothèque Nationale, Paris, Arabe 1489 fol. 5v. (Bibliothèque Nationale on-line catalog
Mandragore
13.^ Sherrard Beaumont Burnaby, Elements of the Jewish and Muhammadan calendars
(London: 1901) 370.
14.^ Appreciating Islamic History (Microsoft Word document, 569KB)
15.^ Emile Biémont, Rythmes du temps, Astronomie et calendriers, De Borck, 2000, 393p
16.^ Khalid Chraibi: Issues in the Islamic Calendar, Tabsir.net
17.^ Karim Meziane et Nidhal Guessoum : La visibilité du croissant lunaire et le ramadan,
La Recherche n° 316, janvier 1999, pp. 66–71
18.^ Moonsighting.com - Methods for beginning of Islamic months in different countries
19.^ Allal el Fassi : « Aljawab assahih wannass-hi al-khaliss ‘an nazilati fas wama
yata’allaqo bimabda-i acchouhouri al-islamiyati al-arabiyah », "[...] and the beginning of Islamic
Arab months", report prepared at the request of King Hassan II of Morocco, Rabat, 1965 (36
p.), with no indication of editor.
20.^ Muhammad Mutawalla al-Shaârawi : Fiqh al-halal wal haram (edited by Ahmad
Azzaâbi), Dar al-Qalam, Beyrouth, 2000, p. 88.
21.^ Some theologians also interpret Surah al-Baqarah 2:185 as requiring direct sighting,
but they represent only a minority. The Quranic verse reads as follows : "185. The month of
Ramadân in which was revealed the Qur'ân, a guidance for mankind and clear proofs for the
guidance and the criterion (between right and wrong). So whoever of you sights (the crescent
on the first night of) the month (of Ramadân i.e. is present at his home), he must observe
Saum (fasts) that month, and whoever is ill or on a journey, the same number [of days which
one did not observe Saum (fasts) must be made up] from other days. God intends for you
ease, and He does not want to make things difficult for you. (He wants that you) must complete
the same number (of days), and that you must magnify God [i.e. to say Takbîr (Godu-Akbar;
God is the Most Great) on seeing the crescent of the months of Ramadân and Shawwâl] for
having guided you so that you may be grateful to Him."
22.^ Interpretation of the Meaning of The Noble Quran Translated into the English
Language By Dr. Muhammad Taqi-ud-Din Al-Hilali Ph.D. & Dr. Muhammad Muhsin Khan
23.^ Abderrahman al-Haj : « The faqih, the politician and the determination of lunar
months » (in arabic)

59
24.^ Allal el Fassi : "Aljawab assahih..." op. cit.
25.^ The dynasty of Fatimids in Egypt used a tabular pre-calculated calendar over a
period of two centuries, between the 10th and 12th centuries, before a change of political
regime reactivated the procedure of observation of the new moon.
26.^ Helmer Aslaksen: The Islamic calendar
27.^ Ahmad Shakir : « The beginning of arab months … is it legal to determine it using
astronomical calculations? » (published in arabic in 1939) reproduced in the Arab daily « Al-
Madina », 13 october 2006 (n° 15878)
28.^ Yusuf al-Qaradawi : « Astronomical calculations and determination of the beginning
of months » (in arabic)
29.^ Fiqh Council of North America Islamic lunar calendar
30.^ Zulfikar Ali Shah The astronomical calculations: a fiqhi discussion
31.^ Islamic Center of Boston, Wayland
32.^ Crescent sighting using the Uml al Qura calendar in Saudi ArabiaPDF (268 KB)
33.^ Ramadan and Eid announcement by the Fiqh Council of North America (revised)
34.^ Khalid Chraibi : Can the Umm al Qura calendar serve as a global Islamic calendar?
35.^ Hijri Dates in SQL Server 2000
36.^ The "Kuwaiti Algorithm" (Robert van Gent)
37.^ Glassé, Cyril (2001). The New Encyclopedia of Islam, pp. 98-99. Rowman Altamira.
ISBN 0759101906.

[edit] External links


• (Prayer Times for Cities the Worldover)
• UrduCalendar.com (Islamic_Gregorian calendar) website
• Moonsighting.com website
• Helmer Aslaksen: The Islamic calendar
• Moonsighting.com: Selected articles on the Islamic calendar
• Islamic Crescent’s Observation Project (ICOP): Selected articles on the Islamic
calendar
• Mohammad Ilyas Lunar crescent visibility criterion and Islamic calendar
• Mohamed Odeh: The actual Saudi dating system
• van Gent: The Umm al-Qura Calendar of Saudi Arabia
• van Gent: The Islamic Calendar of Turkey
• van Gent: Predicting the First Visibility of the Lunar Crescent (includes a
comprehensive bibliography on lunar crescent visibility)
• Ahmad Shakir: « The beginning of Arab months … is it licit to determine it using
astronomical calculations? » (published in Arabic in 1939) reproduced by the daily « Al-
Madina », October 13, 2006 (n° 15878)
• Yusuf al-Qaradawi: « Astronomical calculations and determination of the beginning of
months » (in Arabic)
• Abderrahman al-Haj: « The faqih, the politician and the determination of lunar
months » (in Arabic)
• Fiqh Council of North America: Islamic lunar calendar decision of 2006
• Islamic Center of Boston, Wayland: Moonsighting Decision documents
• Zulfikar Ali Shah The astronomical calculations: a fiqhi discussion
• Khalid Chraibi: Issues in the Islamic Calendar, Tabsir.net
• Khalid Chraibi: Towards a global Islamic calendar, SaudiDebate.com
• Khalid Chraibi: Can the Umm al Qura calendar serve as a global Islamic calendar?
Tabsir.net
• Islamic Months - Significance and Blessed Months
• Hijri Calendar
• Correspondence between Hebrew and Islamic calendars, months and holidays (pdf)
• HilalSighting.org website

60
[edit] Date converters
• Gregorian-Hijri Dates Converter (and vice-versa)
• Islamic-Western Calendar Converter (Based on the Arithmetical or Tabular Calendar)
• al-Islam.com date converter
• Hijri Calendar Gadget Persian/Islamic/Gregorian Calendar Gadget for Windows Vista
Sidebar with Persian Occasions. Powerful Converter with Occasions.
• Remotely hosted Gregorian-Hijri calendar
• Link To Islam - Hijri to Gregorian and Gregorian to Hijri Date Converter

• This page was last modified on 29 July 2010 at 14:34.

61
Religions
Religions abrahamiques
Judaïsme - Christianisme -
Islam

Wikipedia Encyclopedia

Calendrier musulman
Cet article fait partie de la
Un article de Wikipédia, l'encyclopédie libre. série

Islam
Aller à : Navigation, rechercher
Croyances
Le calendrier musulman ou calendrier hégirien (hijri) est un
calendrier lunaire, basé sur une année de 12 mois lunaires de 29 à 30 Allah · Unicité de Dieu
jours chacun (pour être précis : 29,53059 jours solaires). Une année Mahomet · Autres prophètes
hégirienne est donc plus courte qu’une année grégorienne d’environ
onze jours. Pratiques
L'année actuelle est 1431 de l'hégire, allant du soir du 17 Piliers de l'islam
décembre 2009 au soir du 6 décembre 2010 environ. Profession de foi · Prière
Jeûne · Aumône · Pèlerinage
Ablutions · Dhikr · Qibla
Sommaire
Textes et Lois
[masquer]
• 1 Histoire Coran · Sunna · Hadith
• 1.1 Calendriers préislamiques Charia · Fiqh · Écoles · Fatwa
Droit et Finances islamiques
• 1.2 Interdiction des mois intercalaires
• 2 Spécificités Courants
• 3 Variantes
• 4 Comprendre le calendrier musulman Sunnisme · Chiisme ·
• 5 L’astronome et le calendrier Soufisme
• 6 Le ‘alem et le calendrier Salafisme · Acharisme
• 7 L’opinion juridique du cadi Shakir Kharidjisme · Druzes · Ibadisme
• 8 La décision du Conseil du Fiqh d’Amérique du Nord Histoire
(CFAN)
• 9 Vers un calendrier islamique universel aux Origines de l'islam · Hégire
paramètres du calendrier saoudien d'Umm al Qura ? Expansion de l'islam · Sahaba ·
• 10 La confrontation rituelle entre les traditions et la Rachidun · Califat · Imamat
modernité
• 11 Notes et références Art et Lieux saints
• 12 Voir aussi
• 13 Liens externes La Mecque · Médine ·
Jérusalem
Mosquée · Minaret · Kaaba
Masjid al-Nabawi · Al-Aqsa
Masjid al-Haram

Culture et Société

Halal · Haram · Aïd el-Fitr


Aïd el-Kebir · Achoura
62 Imam · Mufti · Mollah · Ayatollah
Djihad · Islamisme · Islam libéral ·
Philosophie islamique · Kalâm
Vocabulaire de l'islam

Portail de l'islam
d·m
Histoire [modifier]
Calendriers préislamiques [modifier]
Les prédécesseurs du calendrier de l'hégire étaient des calendriers qui comportaient des mois
lunaires synchronisés avec le cycle solaire par l'intercalation d'un treizième mois. Ce mois, dans la
péninsule arabique, était ajouté par certaines tribus entre le dernier et le premier mois de l'année et
par les tribus juives selon les indications des autorités de Palestine, puis de Babylonie. Le nom arabe
des mois, en particulier celui des deux rabia[1] (rabia al Awal et rabia ath-Thani) devait correspondre
au printemps, avant les deux mois secs de joumada (joumada al oula et joumada ath-thania) et le
mois « brûlant » de ramadan[2].
Se différenciant de la pratique juive, le Coran interdit expressément le mois intercalaire (voir
ci-après), désynchronisant le calendrier des saisons agricoles, ce qui, à contrario, prouve qu'il était en
usage avant l'islam. Les 11 jours de décalage du calendrier musulman avec le calendrier grégorien
basé sur le soleil rendent le calendrier musulman peu adapté à une utilisation en agriculture car cela
provoquerait à long terme un décalage des saisons solaires et des saisons calendaires ce qui nuierait
aux récoltes.

Interdiction des mois intercalaires [modifier]


Le coran indique dans la sourate 9, verset 37, concernant la neuvième année de l'hégire, que
l'usage du mois intercalaire est prohibé:
« Le report d'un mois sacré à un autre est un surcroît de mécréance. Par là, les
mécréants sont égarés : une année, ils le font profane, et une année, ils le font sacré, afin
d'ajuster le nombre de mois qu'Allah a fait sacrés. Ainsi rendent-ils profane ce qu'Allah a
fait sacré. Leurs méfaits leurs sont enjolivés. Et Allah ne guide pas les gens
mécréants[3]. »

Et le verset d'avant (9:36) indique en effet : « le nombre de mois, auprès d'Allah, est de douze
mois, dans la prescription d'Allah, le jour où Il créa les cieux et la terre. Quatre d'entre eux sont
sacrés : telle est la religion droite. Durant ces mois, ne faites pas de tort à vous-mêmes. »[4]
Les quatre mois sacrés sont dhou al Qi`da, dhou al-Hijja et mouharram qui sont consécutifs et
rajab.
L’imprécision concernant les mois intercalaires lors des neuf premières années de l'hégire fait
que la datation exacte des événements de cette période dans le calendrier grégorien est sujette à une
marge d'erreur d'un à trois mois (la bataille de Badr, la bataille de Uhud et la bataille du fossé).

Spécificités [modifier]
L'an 1 de ce calendrier a débuté le premier jour de l’hégire, le 1er mouharram (le 15 ou le 16
juillet 622 de l’ère commune, selon les auteurs théologiens ; la première époque est dite
« astronomique », la seconde « civile ». Ce calendrier a été adopté dix ans après cet événement. On
indique qu’une date est donnée dans ce calendrier en ajoutant la mention calendrier musulman,
calendrier hégirien, ère musulmane, ère de l’hégire ou, en abrégé, H ou AH (du latin anno hegirae).
L'année actuellement en cours dans le calendrier musulman est 1431 de l'hégire.
Faire 2010 - 622 = 1388 pour trouver l'année de l'hégire actuelle est inexact, et ne tient pas
compte du fait que le calendrier musulman « avance » plus rapidement que le calendrier grégorien.
Les années hégirienne et grégorienne seront concordantes en 20874.
Chaque mois démarre au moment où le premier croissant de Lune est visible : selon l’endroit
d’où est effectuée cette observation, le mois peut démarrer plus ou moins tôt. Le mois de ramadan,
par exemple, ne commence et ne termine pas le même jour pour tous les musulmans du monde.
Ainsi, si le ciel est nuageux et ne permet pas l'observation visuelle du croissant de lune, le soir du 29è
jour de chaabane, dans un pays musulman, alors ce jour est défini comme jour de doute "Yawm
shakk". Le mois de chaabane sera déclaré comme ayant 30 jours, avant de déclarer le début du mois
de ramadan. De même, l'année qui commence le premier jour du premier mois de mouharram, ne
débute pas au même moment dans tous les pays musulmans.

63
L'usage du calendrier musulman n'est donc pas fiable à l'échelle planétaire. Pour convenir de
dates sans ambiguité, les musulmans du monde arabe se réfèrent aux calendriers chrétiens dont le
calendrier grégorien, mais les musulmans du monde "persan" (Iran, Afghanistan, Tadjikistan) ainsi que
les kurdes se réfèrent quant à eux au calendrier persan (dit calendrier chamsi) plus précis que le
calendrier grégorien.

Variantes [modifier]
Il existe une variation du calendrier musulman, connue sous le nom de calendrier musulman
tabulaire ou calendrier fatimide, dans laquelle la longueur des mois est déterminée par des règles de
calcul et non par observation ou calcul astronomique. L’année commune de ce calendrier comporte
354 ou 355 jours, répartis en 12 mois de 30 et 29 jours alternativement, dont seul le douzième (Dhou
al-hijja) compte un nombre variable de jours (29 ou 30).
Sont dites communes les années où ce mois compte 29 jours, et où l’année compte 354 jours.
Sont dites abondantes les années où ce mois compte 30 jours, et où l’année compte 355 jours.
Les années communes ou abondantes s’intercalent selon un cycle de 30 années comptant 19
années communes et 11 années abondantes. Il existe quatre versions principales de ce cycle
trentenaire. Selon la version, sont abondantes les années :
• 2, 5, 7, 10, 13, 15, 18, 21, 24, 26, et 29 - "Algorithme koweïtien" (Kushyar ibn
Labban (en), XIe siècle, et Ulugh Beg, XVe siècle)
• 2, 5, 7, 10, 13, 16, 18, 21, 24, 26, et 29 - Version la plus commune
• 2, 5, 8, 10, 13, 16, 19, 21, 24, 27, et 29 - (Tables de conversion d’origine indienne)
• 2, 5, 8, 11, 13, 16, 19, 21, 24, 27, et 30 - (Al-Marwazi, IXe siècle, Al-Biruni, Xe et
XIe siècles, et Élias de Nisibis, XIe siècle)
L’année moyenne au cours de ce cycle de 30 ans est donc de :
( 19 × 354 + 11 × 355 ) / 30 = 354,36667 qui ne diffère que de 0,0004 jour (<35 s) de l’année lunaire
vraie et permet ainsi de garder le calendrier synchronisé sur les lunaisons pour les 2500 prochaines
années.
L’année musulmane ayant 10, 11 ou 12 jours de moins que l’année grégorienne (selon que
celle-ci est bissextile ou non, et que l’année musulmane est abondante ou commune), le nouvel an
musulman survient chaque année civile en avance de ce même nombre de jours par rapport à l’année
solaire, et chaque date du calendrier musulman (dont notamment les fêtes religieuses et le jeûne du
mois de ramadan) « transite » donc progressivement par toutes les saisons.

Comprendre le calendrier musulman [modifier]


Le calendrier lunaire, basé sur le calcul, peut être établi des années à l'avance. Mais, c'est
l'observation à l'œil nu de la nouvelle lune qui signale le début du mois pour les musulmans, et non le
calcul astronomique. Or, le premier croissant de lune peut être visible à Ryad et pas au Caire, d'où des
différences de début de mois entre les pays.
À titre d’illustration, le 1er shawal 1426, jour de célébration de l’Aïd el-Fitr, correspondait au
mercredi 2 novembre 2005 en Libye et au Nigéria ; au jeudi 3 novembre dans 30 pays dont l’Algérie, la
Tunisie, l’Égypte, l’Arabie saoudite et une partie des États-Unis ; au vendredi 4 novembre dans 13
pays dont le Maroc, l’Iran, le Bangladesh, l’Afrique du Sud, le Canada, une partie de l’Inde et une
partie des États-Unis ; et au samedi 5 novembre dans une partie de l’Inde[5]. Cet état des choses n’est
nullement exceptionnel, il se renouvelle chaque mois.
Pour ces raisons, la plupart des musulmans utilisent le calendrier grégorien pour gérer toutes
leurs activités, et ne s’intéressent aux dates fournies par le calendrier islamique qu’en des occasions
spéciales (Nouvel An musulman, fêtes religieuses...).

L’astronome et le calendrier [modifier]


Le mois lunaire débute au moment de la « conjonction » mensuelle, quand la Lune se trouve
située sur une ligne droite entre la Terre et le Soleil. Le mois est défini comme la durée moyenne
d’une rotation de la Lune autour de la Terre (29,53 j environ).La lunaison varie au sein d'une plage
dont les limites sont de 29. 27 j au solstice d'été et de 29.84 j au solstice d'hiver, donnant, pour l’année

64
de 12 mois, une durée moyenne de 354,37 jours. L’astronome babylonien Kidinnu (IVe siècle av. J.-
C.), très connu pour ses travaux astronomiques, a calculé la durée du mois synodique comme égale à
29j, 12h 44 mn 3,3 s, alors que la valeur admise aujourd’hui est de 29j, 12h 44mn 2,8 s, soit environ
une demi seconde d’écart.
Les astronomes ont posé, depuis des millénaires, la convention que des mois de 30 j et de 29
j se succédaient en alternance, ce qui permettait de faire correspondre la durée de rotation de la Lune
sur deux mois consécutifs à un nombre de jours entiers (59), laissant à peine un petit écart mensuel
de 44 mn environ, qui se cumulait pour atteindre 24 h (soit l’équivalent d’un jour) en 2,73 ans. Pour
solder cet écart, il suffisait d’ajouter un jour au dernier mois de l’année, tous les trois ans environ, de la
même manière qu’on ajoute un jour tous les quatre ans au calendrier grégorien. Les années dites
« abondantes » du calendrier islamique, d’une durée de 355 j chacune, sont au nombre de 11 dans un
cycle de 30 ans (années n° 2, 5, 7, 10, 13, 16, 18, 21, 24, 26 et 29), alors que les années dites
« communes », d’une durée de 354 j, sont au nombre de 19.
Dans l’Arabie préislamique, les bédouins utilisaient un calendrier lunaire basé sur une année
de 12 mois. Mais ils avaient pris l’habitude, depuis l’an 412, de leur adjoindre un 13è mois mobile,
(dont le concept avait été emprunté au calendrier israélite), dans le but de faire correspondre le mois
du hajj à la saison d’automne. Ces ajustements ayant fait l’objet de grands abus, le Coran les a
réprimés en fixant à douze le nombre de mois d’une année et en interdisant l’intercalation du 13è
mois[6]. Mais il ne fournit aucune autre indication d’ordre méthodologique concernant la confection du
calendrier lunaire, et ne fait aucune référence au calcul astronomique.
Les bédouins étaient habitués à observer la position des étoiles, de nuit, pour se guider dans
leurs déplacements à travers le désert, et à observer l’apparition de la nouvelle lune pour connaître le
début des mois. Quand ils interrogèrent Mahomet sur la procédure à suivre pour déterminer le début
et la fin du mois de jeûne, il leur recommanda de commencer le jeûne du mois du ramadan avec
l’observation de la naissance de la nouvelle lune (au soir du 29e jour du mois) et d’arrêter le jeûne
avec la naissance de la nouvelle lune (du mois de shawwal). « Si le croissant n'est pas visible (à
cause des nuages) comptez jusqu'à 30 jours[7]. »
La recommandation confortait dans ses habitudes ancestrales une communauté qui ne savait
ni écrire ni compter et qui n’avait pas d’accès, de toutes façons, à d’autres méthodes de suivi des
mois. À l'époque, les données astronomiques n’étaient pas communément disponibles pour être
utilisées par la population de manière pratique, en tous lieux, comme c’est le cas aujourd’hui pour les
agendas et calendriers, par exemple.
Or, le croissant lunaire ne devient généralement visible que quelques 15 à 18 h après la
conjonction, et sujet à l’existence de conditions favorables résultant de facteurs tels que le nombre
d’heures écoulées depuis la conjonction ; les positions relatives du soleil, du croissant lunaire et de
l’observateur ; l’altitude de la lune au coucher du soleil ; le lieu où l’on procède à l’observation ; l’angle
formé avec le soleil au moment du coucher ; les conditions d’observation (pollution, humidité,
température de l’air, altitude) ; la limite de détection de l'œil humain ; etc[8].
Selon les mois et les saisons, les conditions favorables d’observation de la nouvelle lune
seront réunies en des sites différents du globe terrestre. Des astronomes musulmans de renom, des
temps médiévaux, tels que Ibn Tariq (en) (VIIIe siècle), Al-Khawarizmi (783-850), Al-Battani (855-
923), Al-Bayrouni (973-1048), Tabari (XIe siècle), Ibn Yunus (XIe siècle), Nasir ad-Din at-Tusi (1201-
1274), etc. ont contribué de manière importante, pendant plusieurs siècles, au développement des
connaissances théoriques et appliquées dans le domaine de l'astronomie. Ils ont accordé un intérêt
particulier à l’étude des critères de visibilité de la nouvelle lune, dans le but de développer des
techniques de prédiction fiables du début d’un nouveau mois.
Article détaillé : Astronomie arabe.

Le ‘alem et le calendrier [modifier]


Le Coran n’interdit pas l’usage du calcul astronomique. Mais, le consensus des oulémas s'est
forgé solidement, pendant 14 siècles, autour du rejet du calcul, à part quelques juristes isolés, dans
les premiers siècles de l’ère islamique, qui prônèrent l’utilisation du calcul pour déterminer le début
des mois lunaires[9]. Sur le plan institutionnel, seule la dynastie (chi'ite) des Fatimides, en Égypte, a

65
utilisé un calendrier basé sur le calcul, entre les Xe siècle et XIIe siècle, avant qu’il ne tombe dans
l’oubli à la suite d’un changement de régime.
L’argument majeur utilisé pour justifier cette situation se fonde sur le postulat des ulémas,
selon lequel il ne faut pas aller à l’encontre d’une prescription de Mahomet[10]. Ils estiment qu’il est
illicite de recourir au calcul pour déterminer le début des mois lunaires, du moment que Mahomet a
recommandé la procédure d’observation visuelle[11].
De nombreux ulémas soulignent, de plus, que le calendrier basé sur le calcul décompte les
jours du nouveau mois à partir de la conjonction, laquelle précède d’un jour ou deux l’observation
visuelle de la nouvelle lune. S’il était utilisé, le calendrier basé sur le calcul ferait commencer et
s’achever le mois de ramadan, et célébrer toutes les fêtes et occasions religieuses, en avance d’un
jour ou deux par rapport aux dates qui découlent de l’application du hadith de Mahomet, ce qui ne
serait pas acceptable du point de vue de la charia[12].
Mais, depuis le début du XXe siècle, de plus en plus de penseurs islamiques, ainsi qu’une
poignée d’ulémas de renom, remettent en cause de tels arguments.
A leur avis, Mahomet a simplement recommandé aux fidèles une procédure d’observation de
la nouvelle lune, pour déterminer le début d’un mois nouveau. Les bédouins se basant sur la position
des étoiles pour se guider dans leurs déplacements à travers le désert et pour connaître le début des
mois, Mahomet n’avait fait que les conforter dans leurs habitudes ancestrales.
L’observation du croissant n’était qu’un simple moyen, et non pas une fin en soi, un acte
d’adoration (‘ibada). Le hadith relatif à l’observation n’établissait donc pas une règle immuable, pas
plus qu’il n’interdisait l’utilisation du calendrier astronomique.
D’après certains juristes, le hadith ne parle même pas d’une observation visuelle de la
nouvelle lune, mais simplement de l’acquisition de l’information, selon des sources crédibles, que le
mois a débuté[13]. Cela ouvre naturellement de toutes autres perspectives dans la discussion de cette
question.
Des études, de plus en plus nombreuses, réalisées par des astronomes musulmans au cours
des dernières années, démontrent par ailleurs que les débuts de mois décrétés dans les pays
islamiques sur une période de plusieurs décennies étaient souvent erronés, pour les raisons les plus
diverses[14]. Il est clair, de ce point de vue, que lorsque le mois basé sur l’observation de la nouvelle
lune débute en des jours différents dans des pays islamiques différents, un seul début de mois basé
sur ce critère peut être considéré comme fondé sur le plan astronomique, tous les autres étant
erronés.

L’opinion juridique du cadi Shakir [modifier]


Le cadi Ahmad Muhammad Shakir est un juriste éminent de la première moitié du XXe siècle,
qui occupa en fin de carrière les fonctions de président de la Cour suprême de la charia d’Égypte (tout
comme son père avait occupé la même fonction au Soudan), et qui reste, de nos jours encore, un
auteur de référence en matière de science du hadith[15].
Il a publié, en 1939, une étude importante et originale axée sur le côté juridique de la
problématique du calendrier islamique, sous le titre : « Le début des mois arabes … la charia permet-
elle de le déterminer en utilisant le calcul astronomique ? »[16].
D’après lui, Mahomet a tenu compte du fait que la communauté musulmane de son époque
était « illettrée, ne sachant ni écrire ni compter », avant d’enjoindre à ses membres de se baser sur
l’observation de la nouvelle lune pour accomplir leurs obligations religieuses du jeûne et du hajj.
Mais, la communauté musulmane a évolué de manière considérable au cours des siècles
suivants. Certains de ses membres sont même devenus des experts et des innovateurs en matière
d’astronomie. En vertu du principe de droit musulman selon lequel « une règle ne s’applique plus, si le
facteur qui la justifie a cessé d’exister », la recommandation de Mahomet ne s’applique plus aux
musulmans, une fois qu’ils ont appris « à écrire et à compter » et ont cessé d’être « illettrés ».
Les oulémas d’aujourd’hui commettent donc une erreur d’interprétation lorsqu’ils donnent au
hadith de Mahomet sur cette question la même interprétation qu’au temps de la Révélation, comme si

66
ce hadith énonçait des prescriptions immuables, alors que ses dispositions ne sont plus applicables à
la communauté musulmane depuis des siècles, en vertu des règles mêmes de la charia.
Ahmad Muhammad Shakir rappelle le principe de droit musulman selon lequel « ce qui est
relatif ne peut réfuter l’absolu, et ne saurait lui être préféré, selon le consensus des savants. ». Or, la
vision de la nouvelle lune par des témoins oculaires est relative, pouvant être entachée d’erreurs, alors
que la connaissance du début du mois lunaire basée sur le calcul astronomique est absolue, relevant
du domaine du certain.
Il rappelle également que de nombreux juristes musulmans de grande renommée ont pris en
compte les données du calcul astronomique dans leurs décisions, citant à titre d’exemples Cheikh Al-
Mraghi, président de la Cour suprême de la charia d’Égypte ; Taqiddine Assoubaki et Takiddine bin
Daqiq al-Eid.
Shakir souligne, en conclusion, que rien ne s’oppose, au niveau de la charia, à l’utilisation du
calcul pour déterminer le début des mois lunaires et ce, en toutes circonstances, et non à titre
d’exception seulement, comme l’avaient recommandé certains ulémas.
Il observe, par ailleurs, qu’il ne peut exister qu’un seul mois lunaire pour tous les pays de la
Terre, basé sur le calcul, ce qui exclut la possibilité que le début des mois diffère d’un pays à
l’autre[17]. L’utilisation du calendrier basé sur le calcul rendra possible la célébration le même jour,
dans toutes les communautés musulmanes de la planète, d’événements à caractère hautement
symbolique sur le plan religieux, tels que le 1er muharram, le 1er ramadan, l’aïd al fitr, l’aïd al adha ou
le jour de Arafat, lors du hajj. Cela renforcera considérablement le sentiment d’unité de la communauté
musulmane à travers le monde.
Cette analyse juridique du cadi Shakir n’a jamais été réfutée par les experts en droit
musulman, près de 70 ans après sa publication. Le professeur Youssef al-Qaradâwî s’est récemment
rallié formellement à la thèse du cadi Shakir. Dans une importante étude publiée en 2004, intitulée :
« Calcul astronomique et détermination du début des mois »[18], al-Qaradawi prône pour la première
fois, vigoureusement et ouvertement, l’utilisation du calcul pour l’établissement du calendrier
islamique, une question sur laquelle il avait maintenu une réserve prudente jusque-là. Il cite à cet effet
avec approbation de larges extraits de l’étude de Shakir.

La décision du Conseil du Fiqh d’Amérique du Nord (CFAN) [modifier]


De son côté, le Conseil du Fiqh d’Amérique du Nord (en) (CFAN (en)), qui s’est senti
depuis des années interpelé par cette question, a annoncé au mois d’août 2006 sa décision mûrement
réfléchie d’adopter désormais un calendrier islamique basé sur le calcul, en prenant en considération
la visibilité du croissant où que ce soit sur Terre.
Utilisant comme point de référence conventionnel, pour l’établissement du calendrier
islamique, la ligne de datation internationale (International date line (IDL)), ou Greenwich Mean Time
(GMT), il déclare que désormais, en ce qui le concerne, le nouveau mois lunaire islamique en
Amérique du Nord commencera au coucher du soleil du jour où la conjonction se produit avant 12 : 00
GMT. Si elle se produit après 12 : 00 GMT, alors le mois commencera au coucher du soleil du jour
suivant[19].
La décision du CFAN est d’un grand intérêt, parce qu’elle conjugue avec une grande subtilité
les exigences théologiques des ulémas avec les données de l’astronomie. Le CFAN retient le principe
de l’unicité des matali’e (horizons)[20], qui affirme qu’il suffit que la nouvelle lune soit observée où que
ce soit sur Terre, pour déterminer le début du nouveau mois pour tous les pays de la planète. Après
avoir minutieusement étudié les cartes de visibilité du croissant lunaire en différentes régions du
globe, il débouche sur la conclusion suivante :
Si la conjonction se produit avant 12 : 00 GMT, cela donne un temps suffisant pour qu’il soit
possible d’observer la nouvelle lune en de nombreux points de la Terre où le coucher du soleil
intervient longtemps avant le coucher du soleil en Amérique du Nord. Étant donné que les critères de
visibilité de la nouvelle lune seront réunis en ces endroits, on pourra considérer qu’elle y sera
observée (ou qu’elle aurait pu l’être si les conditions de visibilité avaient été bonnes), et ce bien avant
le coucher du soleil en Amérique du Nord.

67
Par conséquent, sur ces bases, les stipulations d’observation de la nouvelle lune seront
respectées, comme le prescrit l'interprétation traditionnelle de la charia, et le nouveau mois lunaire
islamique débutera en Amérique du Nord au coucher du soleil du même jour. Si la conjonction se
produit après 12 : 00 GMT, alors le mois commencera en Amérique du Nord au coucher du soleil du
jour suivant.

Vers un calendrier islamique universel aux paramètres du


calendrier saoudien d'Umm al Qura ? [modifier]
La proposition du Conseil du Fiqh d’Amérique du Nord (CFAN) suscita l’intérêt des autorités
politiques et religieuses dans de nombreux pays à majorité musulmane. Des astronomes de diverses
nationalités se réunirent au Maroc, en novembre 2006, pour étudier plus en détail la possibilité de
l'adopter comme base d'un calendrier islamique universel.
Cependant, le CFAN (en) modifia sa position en 2007, et décida de s’aligner sur une
décision du Conseil Européen pour la Fatwa et la Recherche (CEFR), utilisant les paramètres du
calendrier saoudien d'Umm al-Qura (en)[21] pour déterminer le début des mois musulmans (en
utilisant comme paramètres que la « conjonction » se produise « avant le coucher du soleil aux
coordonnées de la Mecque », et "que le coucher de la lune ait lieu après celui du soleil" aux mêmes
coordonnées.) D’après le CFAN, le choix des paramètres d'Umm al Qura a pour objectif de favoriser le
développement d'un consensus, dans les pays musulmans, au sujet de l'utilisation de ce calendrier
basé sur le calcul, et dont les données ne diffèrent que de manière marginale de celles obtenues par
l’application de la méthodologie du CFAN d’août 2006.
Les décisions du CFAN et du CEFR ont déjà eu les retombées importantes suivantes :
- Le principe d’utilisation du calendrier basé sur le calcul est officiellement parrainé par des
leaders religieux connus et respectés de la communauté musulmane[22],[23],[24];
- Il est adopté officiellement par des organisations islamiques dont nul ne conteste la
légitimité[25];
- Les communautés musulmanes d’Europe et d’Amérique sont disposées à l’utiliser pour la
détermination du début de tous les mois, y compris ceux associés à des occasions à caractère
religieux.
Cependant, sur le plan opérationnel, l’initiative du CFAN et du CEFR de 2007 n’a eu,
jusqu’ici, que des retombées marginales à travers le monde musulman.

La confrontation rituelle entre les traditions et la modernité [modifier]


Depuis la fin des années 1950, la Ligue arabe, l’Organisation de la Conférence Islamique et
d’autres institutions similaires ont présenté à leurs Etats membres plus d’une demi-douzaine de
propositions visant à développer un calendrier islamique commun. Bien que ces propositions n’aient
jamais abouti, jusqu’ici, les efforts continuent dans cette voie, à la recherche d’une solution acceptable
pour toutes les parties concernées.
En effet, du fait de ses faiblesses manifestes, le calendrier islamique basé sur l’observation de
la nouvelle lune n’est utilisé dans les sociétés musulmanes contemporaines que pour déterminer les
dates associées à des célébrations religieuses. Pour tous leurs autres besoins, les musulmans du
monde entier utilisent, depuis de nombreux siècles, le calendrier grégorien, basé sur le calcul
astronomique, sans avoir la moindre appréhension qu’ils pourraient, ce faisant, enfreindre des
prescriptions religieuses.
La même démarche peut être observée au niveau des Etats. Ainsi, l’Arabie Saoudite utilise-t-
elle le calendrier d’Umm al Qura, basé sur le calcul, pour la gestion des affaires administratives du
pays, ce qui semble indiquer clairement que le calendrier lunaire basé sur l’observation mensuelle de
la nouvelle lune ne peut pas servir à un tel usage.
De ce fait, les penseurs musulmans contemporains sont de plus en plus nombreux à soulever
les questions suivantes :
- En préconisant la méthode d’observation de la nouvelle lune pour la détermination du début
des mois lunaires, le Prophète aurait-il indiqué une procédure qui rendait caduques les fonctions

68
usuelles du calendrier musulman, le rendant impropre à tout usage ? Ou bien ne s’agissait-il que d’une
simple indication, une réponse appropriée, en son temps, à la question qui lui était posée, mais qui
aurait dû être revue et adaptée aux besoins des sociétés musulmanes, au fur et à mesure de leur
développement scientifique, culturel et social ?
- Pourquoi les horaires des prières sont-ils déterminés de manière licite sur la base du calcul
astronomique, et les débuts de mois islamiques ne pourraient-ils pas faire l’objet de la même
démarche ?
- Pourquoi le calendrier basé sur le calcul serait-il d’un usage licite en Arabie Saoudite, quand
il s’agit de gérer les affaires administratives du pays, et serait-il illicite quand il s’agit de déterminer les
dates associées à des célébrations religieuses telles que le 1er ramadan, eid al-fitr, le 1er dhul hijja,
ou eid al adha ?
- Plus généralement, pourquoi l’utilisation du calendrier grégorien basé sur le calcul
astronomique serait-elle licite pour les musulmans du monde entier, alors que l’utilisation du calendrier
islamique, basé sur le même calcul, ne le serait pas ?[26]
Les Etats musulmans, seuls vrais décideurs en la matière, sont les seuls à pouvoir répondre à
de telles questions. Il est clair que le consensus séculaire en faveur de l’utilisation de la méthode
d’observation de la nouvelle lune a été sérieusement "ébréché" par le cadi Shakir d’abord, puis par le
Conseil du Fiqh d’Amérique du Nord et le Conseil Européen pour la Fatwa et la Recherche, sans
compter les auteurs et associations moins connus. Une nouvelle génération de penseurs musulmans
(très minoritaire, pour le moment, et située essentiellement aux Etats-Unis, en Europe et dans certains
pays du Maghreb, mais comprenant quelques dirigeants politiques arabes de premier plan, ainsi que
des maîtres à penser aussi influents que Yusuf al Qaradawi), ne voit plus d’obstacle d’ordre religieux à
l’adoption du calendrier basé sur le calcul. D’ailleurs, les diverses options qui s’offrent aux décideurs
des Etats musulmans en matière de réforme du calendrier reposent toutes, d’une manière ou d’une
autre, sur l’utilisation du calcul astronomique.
Mais, cette ré-interprétation du rituel islamique, en matière de détermination du début des
mois lunaires, doit bousculer des traditions millénaires pour se faire sa place. Elle doit faire face, en
particulier, à des courants fondamentalistes importants qui prêchent le respect de l’orthodoxie et des
traditions en matière religieuse. Le calendrier basé sur le calcul devient, ainsi, un enjeu dans la
confrontation politique rituelle, récurrente, entre les défenseurs des traditions et les promoteurs de la
modernité dans les sociétés musulmanes[27].

Notes et références [modifier]


« printemps » ,‫ ربيع‬,Rabia : en arabe : rabīʿa ↑.1
« être brûlant » ,‫ رمﺾ‬,du verbe ramaḍa ,‫ رمضان‬,Ramadan, en arabe : ramaḍān ↑.2
3. ↑ Pour la traduction : source [archive].
4. ↑ Idem.
5. ↑ Moonsighting.com 1427 Zul Hijja [archive]
6. ↑ Coran, At-Tawba 9 : 36 et 37 [archive]
7. ↑ Al-Bukhârî, Recueil de hadiths (3/119)
8. ↑ Karim Meziane et Nidhal Guessoum : La visibilité du croissant lunaire et le ramadan,
La Recherche n° 316, janvier 1999, pp. 66-71
9. ↑ Abderrahman al-Haj : « Le faqih, le politicien et la détermination des mois lunaires »
(en arabe) [archive]
10.↑ Muhammad Mutawalla al-Shaârawi : Fiqh al-halal wal haram (édité par Ahmad
Azzaâbi), Dar al-Qalam, Beyrouth, 2000, p. 88
11.↑ Allal el Fassi : « Aljawab assahih wannass-hi al-khaliss ‘an nazilati fas wama
yata’allaqo bimabda-i acchouhouri al-islamiyati al-arabiyah », rapport préparé à la demande
du roi Hassan II du Maroc, Rabat 1965 (36 p.), sans indication d'éditeur
12.↑ Allal el Fassi, opus cit.
13.↑ Al-Ghazali, Ihya’e ouloum addine, cité dans Abi alfayd Ahmad al-Ghomari, Tawjih
alandhar litaw-hidi almouslimin fi assawmi wal iftar, 160 p, 1960, Dar al bayareq, Beyrouth, 2è
éd. 1999, p.30
14.↑ Nidhal Guessoum, Mohamed el Atabi et Karim Meziane : Ithbat acchouhour
alhilaliya wa mouchkilate attawqiti alislami, 152 p., Dar attali'a, Beyrouth, 2è éd., 1997
15.↑ Un auteur de référence en matière de science du hadith [archive]

69
16.↑ Ahmad Shakir : « Le début des mois arabes … est-il licite de le déterminer par le
calcul astronomique ? (1939) » reproduit par le quotidien saoudien « al-Madina » du 13
octobre 2006 (n° 15878) [archive]
17.↑ Abi alfayd Ahmad al-Ghomari, op.cit.
18.↑ Yusuf al-Qaradawi : « Calcul astronomique et détermination du début des mois »
(en arabe) [archive]
19.↑ Décision du Conseil du Fiqh d’Amérique du Nord [archive]
20.↑ Abi alfayd Ahmad al-Ghomari, op.cit.
21.↑ Van Gent : The Umm-al-Qura calendar of Saudi Arabia [archive]
22.↑ Ahmad Shakir : op. cit.
23.↑ Yusuf al-Qaradawi : op. cit.
24.↑ Zulfikar Ali Shah The astronomical calculations: a fiqhi discussion [archive]
25.↑ Islamic Center of Boston, Wayland: Moonsighting Decision documents [archive]
26.↑ Khalid Chraibi : Le calendrier basé sur le calcul est-il licite ou illicite ? [archive]
27.↑ Une partie importante de cet article est basée sur quatre articles de Khalid Chraibi
intitulés « 1er muharram : calendrier lunaire ou islamique ? », « La problématique du calendrier
islamique », « Le calendrier musulman en 10 questions » et "La charia et le calendrier" publiés
par www.oumma.com [archive]. L’auteur en a autorisé la reproduction libre, dans leur
intégralité ou en partie, dans toute utilisation non-commerciale, à la seule condition que
l'auteur et la source en soient clairement identifiés

Voir aussi [modifier]


• Concordance des dates des calendriers musulman et grégorien
• Calendrier hébreu

Liens externes [modifier]


• Le début des mois dans le calendrier musulman : difficultés sur Calendriers Saga
• Le calendrier musulman et le début du Ramadan
• Khalid Chraibi, « Le calendrier musulman en 10 questions » sur Oumma.com
• Khalid Chraibi, « La charia et le calendrier » sur Oumma.com
• Moonsighting.com website
• Helmer Aslaksen: The Islamic calendar
• Moonsighting.com: Selected articles on the Islamic calendar
• Islamic Crescent’s Observation Project (ICOP): Selected articles on the Islamic
calendar
• Mohammad Ilyas Lunar crescent visibility criterion and Islamic calendar
• Mohamed Odeh: The actual Saudi dating system
• Robert Harry van Gent: The Umm al-Qura Calendar of Saudi Arabia sur Utrecht
University
• Robert Harry van Gent: The Islamic Calendar of Turkey
• Robert Harry van Gent: Predicting the First Visibility of the Lunar Crescent (comprend
une bibliographie importante en ligne bibliography on lunar crescent visibility)
• Ahmad Shakir: « The beginning of Arab months … is it licit to determine it using
astronomical calculations? » (published in Arabic in 1939) reproduced by the daily « Al-
Madina », October 13, 2006 (n° 15878)
• Yusuf al-Qaradawi: « Astronomical calculations and determination of the beginning of
months » (in Arabic)
• Abderrahman al-Haj: « The faqih, the politician and the determination of lunar
months » (in Arabic)
• Fiqh Council of North America: Islamic lunar calendar decision of 2006
• Islamic Center of Boston, Wayland: Moonsighting Decision documents
• Zulfikar Ali Shah The astronomical calculations: a fiqhi discussion
• Khalid Chraibi: Issues in the Islamic Calendar, Tabsir.net
• Khalid Chraibi: Towards a global Islamic calendar, SaudiDebate.com

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• Khalid Chraibi: Can the Umm al Qura calendar serve as a global Islamic calendar?
Tabsir.net
• Robert Harry van Gent: Islamic-Western calendar converter
Mois du calendrier musulman

Mouharram • Safar • Rabia al awal • Rabia ath-


thani • Joumada al oula • Joumada ath-thania • Rajab •
Chaabane • Ramadan • Chawwal • Dhou al qi`da •
Dhou al-hijja

• Portail de l’islam
Ce document provient de « http://fr.wikipedia.org/wiki/Calendrier_musulman ».

Catégorie : Calendrier musulman | [+]


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• Dernière modification de cette page le 23 juillet 2010 à 11:36.

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