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The question

Is the ruler's decree a condition for establishing the sighting of the crescent moon?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Scholars have differed on the nature of testimony regarding the sighting of the new moon: whether it falls under the category of reports (akhbar) or testimonies (shahadat).

Those who consider it a testimony stipulate the use of the word "testimony" and that it be presented in the presence of a judge.

As for those who consider it a report, they do not stipulate any of the conditions of testimony for it, nor do they require a judge's ruling.

The Shafi'is held that the sighting of the new moon must be established before a judge. Nevertheless, they stated that if a trustworthy person informs someone of the moon's sighting, that person is obliged to fast even if it has not been established before a judge.

Many scholars have affirmed that testimony regarding the sighting of the new moon is a matter of reports, and therefore, its establishment does not require a judge's ruling.

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Ftawy
Original fatwa ID
102174
Imported
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