فقه - دفتر تبلیغات اسلامی حوزه علمیه قم - الصفحة ١١

In the name of god the merciful the compassionate. Praise belongs to god, the first, without a first before him, the last, without a last behind him. O god, bgess Mohammad and his Household.

After explaining two aspects of the islamic jurisprudence science as compared with the individual and social life; and its results in the society and history; the writer is setting forth one of the most important islamic social issues i.e proof of the moon. Afterwards he seeks the opinion of islamic authorities about it.

JUDGMENT OF AN ISLAMIC RULER ABOUT THE PROOF OF MOON:

In this article judgment of an islamic ruler regarding the proof of moon is set forth as one of the ways of proving moon.

In this connection opinion of different scholars along with their reasons and evidences has been verified in a wide sence in order to get the following results:

١: Judgment of an islamic ruler about the above mentioned issue is indispensable. Although it based on vision of considerable number of people; or witness of two justmen or on his self vision.

٢: When an islamic ruler announces his judgment regarding the proof of moon, nobody is allowed to appose him.

٣: It is undisputable fact that the islamic ruler is having an out - spread hand more than anyother scholar. Therefore the right of announcing the judgment is limited with him, and others do not have such right, however they may be fully qualified scholars also.

٤: The judgement of sunni muslim ruler about the mentioned issue is also reputable for those shia muslims who are living under his sovereignty; and they are not allowed to oppose the judgment, particularly when Taqiyyah necessitates to follow such ruler.

SIGHTING OF THE MOON

In this article after proving the sighting of moon through vision to be the msot natural and common way. The writer goes on to demonstrate through the generrally accepted reasons from the holy Quran and sunnah for its reliabilety.

Thereafter he set forth the following titles:-

I: Vision of single person or collective.

II: - Does the vision possess Mawduiyyah or Tariqiyyah.

III: - Vision before the noon or after the noon.

IIII: - Circling or disappearence of aurora.

BAYYANAH (Witness of two just person)

In this article after explaining some of the islamic terminology just sa bayyanah adl (justice) adalah (righteousness) shahadat (testimony); the writer is presenting reasons regarding the credibility of bayyanah on the proof of moon, afterwards he is making void reasons which are raised against the credibility of bayyanah, then he presents different views of shia and sunni authorities regarding the number of witnesses, then he verifies their reasons.

Afterwards he presents conditions for witnesses and criticise the reason for masculine. Lastly he discuss abuot two branches of the issue i.e testimony on the testimony and credibility and discredibility of knowledge for bayyanah.

TAWATOR WA SHIYA:

(Successive and spread abroad)

Writer of this article after mentioning that if taxator and shiya are one and the same thing or they are two different things. he presents meanings of the mentioned terms; afterwards he divides each one of them into two different categories (Zanni and Qatai) for this reason that if both of the two are useful for the science of certainty or useful for uncertainty and suspicion, Then he presents reasons for the credibility of each one. Lastly he set forth two opinions about shaiya - e - zanni and then he verifies reasons of both the opinions.

PASSING OF THIRTY DAYS:

In this article the writer believes that Passing of thirty days are required for the proof of moon. Afterwards he verifies the reasons of his belief; manner of counting the days and conditions for the validity of the passing of thirty days for the proof of the moon.

VIEW OF NUMBER

The writer of this article presents Previous record of this view and the fact that what was the intention of the owners of the view? Afterwards he verifies their reasons and proves its weaknesses.

DIFFERENCE AND UNION OF HORIZONS:

In this article the writer sets foth the credibility of sighting the moon from one particular place to another places, (where the moon is not sighted) under the following titles:

(I): - Do you think that proof of the moon in one particular place is only credibile for its inhabitant?(II) Or it include the inhabitant of neighbours places?(III) or it include the people of every where?(IV) or it is specified for the people who are living in the western places from the point where the moon is seen? (V) Each one of the mentioned views has been verified and some of its results are given below:

١: Well known shia authorities are of the opinion that proof of sighting moon in one particular place is reputable only for its neighbouring places and for other places which are having the same horizon.

٢: - Non famous shia authorities are of the opinion that proof of the moon is absolutely and Without any condition reputable for all Islamic countries.

٣: - This mentioned issue is also controversial among the sunni authorities, and well known authorities among them are of the opinion that proof of sighting the moon in one place is absolutely reputable for all other Islamic countries (where the moon is not sighted).

٤: - The opinion of generalization is originateg duriny the period of Allamah and amoung contemporaneous authorities has much advocaters.

٥: - The reasons of the opinion of generalization are more firm and stronges.

AN INQUIRY ONLUNAR CALENDAR AND VISION OF THE MOON

In this article the writer is setting forth astronomical and scientifical ways for the Islamic calendar and other ways for the proof of moon and lastly pointing out balances of union and difference in the vision of moon comparing with different places.