Jurisprudential Examination of the Validity of the Ruling of the Ruler on Sighting the Crescent

Unity is an important element for the society we live in, as well as for the Islamic system. One of the issues that cause differences among people is the issue of sighting the crescent moon and declaring the beginning of the month. Due to the difference in the jurisprudential principles held up by each religious authority, they differ in their opinion about determining the day of Eid. This difference of opinion in turn weakens the religion and creates doubts among the people. One of the ways to resolve this dispute is to acknowledge and accept the validity of the ruling of the governing authority about the sighting of the crescent moon. The present article is therefore focused on the feasibility and proofs for the validity of the ruling of a qualified Muslim ruler or religious authority. The present article that uses an inferential method proves that the arguments and proofs transmitted with regards to the authority of the jurist can prove the validity of the ruler's ḥukm (ruling). Even if there are problems in these arguments, the discussion regarding the authority of the jurist over non-litigious affairs can help us solve the problem. In addition to the general traditions that indicate the absolute validity of the ruler's ruling, some traditions specifically point to the validity of the ruler's ruling regarding the sighting of the crescent moon. The normative conduct (seerah) and the fact that chaos and mayhem may prevail if there is no such mechanism, are also other reasons for accepting the ruler's ruling on the issue of seeing the crescent moon. None of the reasons that have been stated to prove the invalidity of the ruler's ruling have the ability to prove that claim. There is no room to stick to any practical principle, nor are there any traditions to prove the invalidity of the ruler's ruling.