Moonsighting (12)

Unity

 

It is interesting to note that very few (if any at all) Shi’i scholar considers the unity of the community as a factor in determining when the first of a month is, other than for Hajj, where it is agreed by all scholars that the day of Arafah is the same for all – and based on the Saudi decision. 

For Ramadan, this is not a factor, and the rationale is that unity itself does not have a legal standing in this matter, given the presence of sahih narrations on the topic (that would specify [and take precedence over] any general pronouncement on the importance of unity).  

From a traditional Shi’i perspective, this can only change in one of three ways:
 

1. If all scholars could all sit in a room, and agree (an idea brought by the late Shahid Ayatullah Muhammad Baqir al-Sadr). The main problem is that it requires a scholar to allow someone to follow a rule that contradicts his own methodology in cases – and that is very difficult, especially given the majority’s understanding of taqlid. Furthermore, it may slow down thought development, as alternative opinions outside the agreements would be frowned upon. A way to overcome this, would be to focus on only issues where unity may be considered important such as this but this may be seen as inconsistent! 
2.  If the methodology of the derivation of Islamic law were to change. This could be either to make it more results-based and using utilitarian concepts such as those of maslaha (public interest), which is a way of thinking that was proposed in the Shi’i world by Ayatullah Khumayni; or it could be “progressive” methodology which considers the context of the narration in the past limiting its usage i.e. the fact that the Prophet (SAW) did not have a telescope or access to communications like we do, means that we cannot apply the narration blindly without considering this fact and contextualising the narration. This second approach is very “radical” and is one of the ways that many “progressive” scholars are trying to reform the way Islamic law is derived in general 
3. The final way, is a specific change in this area e.g. if the qunut of Eid, is used as a specific narration indicating the importance of unity for Eid itself. This (I believe) is the view of Sayyid Kamal Hayderi, who also seems to be an advocate of a change in the usul al-fiqh methodology, with a greater role for time and place in the derivation of law.

It is interesting to see whether these methods will be used in the coming years.

We have finally come to the end of the series on Moonsighting! In the next few blogs, we will move onto Hajj – and the discussion surrounding the Shi’i view on putting on Ehram at Jeddah (or if you have to go to Juhfa).