اختلاف مطالع کے اعتبار و عدم اعتبار اور وحدت عیدین و رمضان کا مسئلہ

Abstract

In this age of globalization and information revolution, many people generally express dismay over celebrating Ramadan and Eid on different days in different parts of the world. They point out that the Muslim jurists (fuqaha') have generally preferred the opinion that ikhtilaf al-matali' does not have any legal effect. The present paper analyzes this issue from the perspective of Muslim jurisprudence and concludes that apart from ikhtilaf al-matali', the most serious legal obstacle is the absence of a central government, or caliphate, in the Muslim world. The paper argues that under the Islamic principles the authority to decide the beginning or the end of an Islamic month rests with the government and that the decision of a government is binding and enforced only upon the territory under its legal authority. Hence, ideally the solution is to have a central government for the Muslim world. In the absence of that, unity in Ramdan and Eid cannot be achieved unless all the Muslim states conclude a treaty whereby they declare that the decision of one government about moonsighting would be binding on all other states. However, this decision will become binding on Muslims living as minorities in non-Muslim states only when the seasoned religious scholars ('ulama') of those areas accept this decision as to be binding because under the Islamic principles the 'ulama' assume the status of Muslim ruler for the purpose of decision about moonsighting in such areas. Hence, unless such a concerted global effort is made, the dream of enforcing a uniform lunar calendar throughout the world cannot come true.