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The legal opinion of Qadi Shakir

Egyptian qadi 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According to the principle of Muslim law which states that “a rule is no longer applicable, when the factor which justified its existence has disappeared”, the Messenger’s recommendation didn’t apply anymore to the Muslims, after they had learned to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 ulama’ 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. Continue reading The reform of the Islamic calendar: the terms of the debate, #2 →

[Note: This is a two-part article. After reading this you can proceed to Part two by clicking here.]

by Khalid Chraibi

Shortcomings of the Islamic calendar

A calendar associates a specific date with each day of any given week, month or year, to enable people to manage all their activities over an extended period of time. They must be able to anticipate, plan and organize in advance, using the information provided by the calendar, everything that they need to do. But, in Muslim societies, people wait to see, each country for itself, the appearance of the new moon at the end of each lunar month, before they declare the beginning of a new lunar month. As a result:
– the information in the Islamic calendar does not extend beyond the current month;
– and the data it shows each month differs from one Muslim country to another.
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.
Because of these shortcomings, after the major Muslim countries were occupied by foreign powers in the 19th and 20th centuries, Muslim people started using the Gregorian calendar to meet all their needs, and only care about determining Islamic dates on momentous Islamic religious occasions.

But, to this day, they regularly get puzzled at the inability of the Islamic calendar to predict precisely, well in advance, the day on which major Islamic events such as the first day of Ramadan, or eid al-fitr, or eid al-adha, or the first day of the new Islamic year are to take place. Continue reading The reform of the Islamic calendar: the terms of the debate, Part 1 →