Search

This paper presents an analysis of the data of the visibility of the new moon collected at Teluk Kemang, Malaysia from 1972 to 2008. Contemporary fiqh's views by Yusuf al-Qaradawi are employed as fundamental principles to scrutinize the data, that is, the use of calculation is more practical in achieving the legal objective of determining the visibility of new moon. The calculation should be used as a method to validate the report of new moon sighting. Based on the results obtained, we propose several geometrical parameters to be taken into consideration for sighting the new moon after sunset, such as the relative altitude at ≥ 5° and solar depression angle at ≥ 0.5°. According to the parameters, the minimum width of the new moon is visible to aided eyes on the 29th day of Hijri is 0.18 arc seconds. Based on fiqh's consideration, we agree that the method of rukyah and istikmal used to determine the sighting of the new moon must be strengthened by using calculation in order to ensure that the sighting report is valid because of the possible occurrence of ambiguity and errors if that is the only method used. [ABSTRACT FROM AUTHOR]

The fatwa of a companion, as one of the disputed sources of Islamic law, has its role in explaining law derived from Ijtihad that is formulated by the companion. The two main functions of this Ijtihad are to reinterpret law that is available in the legal text and to explicate something new without going against the Islamic law. This article aims to elucidate its definition and the opinion of the principles of Islamic jurisprudence scholars on matters relating thereto. The discussion is also centred on the specific cases on farā'id, which is well-known for its particular name and calculation that made it famous. Four cases have been chosen as samples - al-musharrakah case, al-kharqa' case, al-akdariyyah case and al-hamziyyah. Generally, the authority for deriving Ijtihad focuses more on the individuals who were frequently referred to in issuing a fatwa. In addition, the role of Ijtihad of a companion in elaborating a law is very important even though it has already been detailed in legal text. [ABSTRACT FROM AUTHOR]