THE SIGHTING OF THE MOON

A lunar month consists of 29 or 30 days. According to this calculation, a lunar year is less than nearly 12 days short of a solar year. Hence, the month of Ramadaan rotates in every season and comes back to its starting point during the course of nearly 29 or 30 years. If the moon is visible on the 29th of Shaban, the Ramadaan begins on the following day. If not, from the day following the 30th day of Shaban. This is the case with the Eid Day.
Sayyiduna Ibn-e-Omar (radi Allahu anhuma) reported that the Apostle of Allah (sallal laahu alaihi wasallam) said: Don’t fast until you see the new moon: and don’t break it until you see it. If then there is cloud over you, count in full. In a narration, he said: The month is of 29 nights. So don’t fast until you see it, if then there is cloud over you, wait and complete the number thirty.
Sayyiduna Ibn-e-Omar (radi Allahu anhuma) reported that the Messenger of Allah (sallal laahu alaihi wasallam) said: We are illiterate people, knowing no writing or counting. The month is such and such (and he closed the fingers at the third time). Afterwards he said: A month is such and such, that is, complete thirty days, that is, sometimes said to be Makrooh.
The Holy Prophet Sallallaho Alaihi Wasallam has stated that start fasting by seeing the moon and finish fasting ( celebrate Eid) by seeing the moon, and if there is cloud then finish Shabaan by completing thirty days [Bukhari, Muslim].

He has also reported that do not start fasting unless you see the moon and do not stop fasting until you see the moon and if there is cloud and you cannot see the moon then complete the thirty days [Bukhari, Muslim].

Which months is it Waiib to see the moon ?

It is Wajib-e-Kifaaya to see the moon for five months. These are Shabaan, Ramadan, Shawwal, Zil Qad and Zil Hajj [Fatawa-e-Razvia].

Attempt to see the moon on the twenty-ninth of Shabaan in the evening and if you can see it then keep fast the next day and if you can't then complete thirty days of Shabaan and then start Ramadan [Hidaya, Alamgih, Bahar].

Definition of a person following Shariat

A person who by looking at them follow the Shariat but you are unaware of his hidden activities [Radd-ul-Mohtar, Radd-ul-Mohtar, Bahar].

Whoever sees the moon and is a pious person then it is Wajib for them to give oath that night. Rule: If the moon is seen in the village by a person and there is no Islamic judge or ruler then the people of the village should be gathered and the oath should be given and if the person giving oath is a pious person then it is necessary for the village people to fast the next day.
When the sky is not clear then the proof for Eid has to be given by a Muslim, sane, adult, pious and a follower of the Shariat and there has to be either two men or one man and two women and only then the oath will be accepted [Hidaya, Durr-e-Mukhtar etc.].

Definition of a pious person

The definition of a pious person in this text is a person who refrains from large sins and does not make a habit of committing small sins and is a person who does not perform acts which are against the respect of society such as eating whilst walking in the town.

Proof of moon when skies are not clear

If the skies are not clear meaning there is cloud or smoke then only the proof of Ramadan will be counted if one Muslim who is sane and is an adult and is pious and a follower of Shariat, then his oath will be accepted, whether the person is a male or female. Except for the beginning of Ramadan all other month's proof has to be given by either two men or one man and two women and they all have to be pious and they have to say "I bear witness that I have seen the moon personally" then the proof of the moon will be accepted [Hidaya, Durr-e-Mukhtar, Baharetc.].

Proof of moon when skies are clear

It the skies are clear then until a lot of people do not give witness the oath will not be accepted (whether it be for Ramadan, Eid or any other month). The question remains as to how many people there should be, then this is upto the Islamic judge and when he is satisfied with the amount of people then he will declare it official. If the witnessing is given because the moon has been seen outside the city or from a high place then only one pious person's oath can be accepted for Ramadan [Hidaya, Durr-e-Mukhtar, Bahar]. However, we say that because nowadays people are lazy and do not bother going to look for the moon then except for Eid all the other month's moon witnessing when the skies are clear should be accepted if two Muslims have given oath.

Giving an oath when seeing the moon

When giving oath it is necessary to say "I bear witness" and without these words the oath cannot be accepted. However, due to' bad skies and clouds for the oath of the moon for Ramadan if only "I have seen with my eyes the moon for this Ramadan today or I saw it last night' is sufficient.

If some people come and say 'the moon has been seen in such a place or give witness that there has been a sighting of the moon (but have not seen the moon themselves) in such a place, or give witness that such and such a person has seen the moon or say that the judge of such a town has ordered Ramadan or Eid tomorrow then they are all incorrect methods and cannot be accepted [Durr-e-Mukhtar, Radd-ul-Mohtar, Bahar].
If only the judge or Imam has seen the moon alone for Eid then he can't celebrate or give order to celebrate Eid as this is not allowed [Durr-e-Mukhtar, Bahar].
If the moon was seen in a particular city and a group of people came from that city and stated the news that Ramadan has begun on such a day and people have started fasting from that day and the news is common then this is sufficient for people in this town as proof [Radd-ut-Mohtar, Bahar].
A person saw the moon alone for Ramadan or Eid but the judge did not accept his statement or oath then it is Wajib for him to fast the next day and if he doesn't or has broken the fast the Qaza is necessary [Hidaya, Durr-e-Mukhtar, Alamgiri].
If the moon is seen during the day whether it be before or after midday that moon is for the next day, meaning if the moon is seen on the thirtieth day of Ramadan then it means the next day is the first of Shawwal and not the current day and therefore the fast must be completed. In the same way if the moon is seen during the day of the thirtieth of Shabaan, then Ramadan will begin the next day and the current day is the thirtieth of Shawwal and therefore fasting is not necessary [Alamgiri, Durr-e-Mukhtar, Radd-ul-Mohtar, Bahar]. Rule: If the moon is seen in one place then this moon isn't just for that place but for all the world, however, the rule applies to the other places only when there has been a witness about the sighting of the moon, i.e. someone has given oath or the judge that has ordered the seeing of the moon gives oath or a group of people have took the news from where the moon was sighted and have stated whether the people in their town have kept a fast or celebrated Eid. Rule: Proof cannot be accepted if the news are via a telegram or telephone or radio because even if it is correct it is only news and not an oath and in the same way news from people or printing the news in papers cannot be accepted either as it is not proof of oath. Rule: If the moon is seen then to point towards it is Makrooh, even if it is to show someone [Alamgiri, Siraajia, Bazazia, Durr-e-Mukhtar, Bahar].

Hadith’s

Sayyiduna Abul Bakhtari (radi Allahu anhu) reported: We went out for visiting the House (Kaabah). When we got down at the valley of Nakhlah, we gathered to see the new moon. Some of the people said, It is of three nights; and some of the people said it is of two nights. He enquired, In which night have you seen it We said, In such and such night. He said, Verily, the Apostle of Allah (sallal laahu alaihi wasallam) prolonged it for and it is of one night that you have seen.
In a narration reported by him, he said: We are informed of the new moon of Ramadaan while we were at Zat-Erq. We sent a man to Ibn-e-Abbas (radi Allahu anhuma) to ask him. Ibn-e-Abbas (radi Allahu anhuma) said that the Apostle of Allah (sallal laahu alaihi wasallam) had said, The Almighty Allah has extended it for its sight. If there is cloud over it, complete the number. (Sahih Muslim) It appears from this that the sight of the new moon is a condition precedent to fasting, irrespective of the large or short size of the moon and that in case of differences, fasting should be resumed.
There is a sighting of the moon for every town; the sighting at one town cannot be held valid for the other town situated at a considerable distance from it. If, however, the distance between the two places is small, then the sighting of the moon at one place is to be held valid by the people of other places located near it.
Sayyiduna Kuraib (radi Allahu anhu) reported that Sayyidah Umm-e-Fadhl (radi Allahu anha), daughter of Harith, sent him (Sayyiduna Fadhl, her son) to Sayyiduna Ameer Mua?wiyyah (radi Allahu anhu) in Syria. I (Fadhl) arrived in Syria and did the needful for her. It was there in Syria that the month of Ramadaan commenced. I saw the new moon (of Ramadaan) on Friday. I then came back to Madina at the end of the month. Abdullah bin Abbas (radi Allahu anhuma) asked me (about the new moon) and said, When did you see it I said, We saw it on the night of Friday. He said, (Did) you see it yourself I said, Yes, and the people also saw it and they observed fast and Muawiyyah (radi Allahu anhu) also observed fast, whereupon he said, But we saw it on Saturday night. So we would continue to observe fast till we complete thirty (fasts) or we see it (the new moon of Shawwal). I said, Is the sighting of the moon by Muawiyyah (radi Allahu anhu) not valid for you He said, No, this is how the Messenger of Allah (sallal laahu alaihi wasallam) has commanded us. (Sahih Muslim)