Question Summary:
Moon sighting in UK

Question Detail:

I have just read a question regarding the moon sighting in the Uk, specifically the question that makes mention of the elders of Dewsbury markaz. I would just like to clarify this issue. I understand, to a certain degree, both sides of the argument, and also know that there are prestigious and pious ulama on both sides of the debate. For example, there are ulama like yourselves, as well as others who say that saudi should not be followed.
However there are also many others who still follow saudi, especially Darul Uloom Bury among other darul ulooms. This darul uloom has some very great scholars, including muft shabbir, who is one of the foremost muftis in europe. As well as him, there are many other big ulama who still follow saudi, or who say that following saudi is OK. Is it wrong for the layperson to follow these ulama? I understand your fatwa regarding following saudi, but surely there must be a level of respect for the ulama on the other side of the debate. When our pious predecessors would debate on a topic, they would have mutual respect and understanding for each others opinion. For example, there is a difference of opinion regarding bleeding and breaking wudhu between the hanafees and shafiees. Just because it is imaam abu hanifas view that wudhu does break, it doesn't mean that we can say things against the shafiee ulama.
This seems to have become the norm in england, where there are groups of ulama who are speaking against each other, including wifaq ul ulama and hizbul ulama. Furthermore, this is an issue for the ulama to debate, and not for the public to engage in. It may be that these particular elders of dewsbury said or did what has been alleged, but it is because of the wifaq ul ulama who constantly make the public involved in these debates because of which this happens (i have not seen this attitude of inciting the public laypeople from the ulama on the other side of the debate, but this is just my experience and i maybe wrong). Even when these ulama come to different masjids they hand out fliers saying that the other ulama are wrong, and even the lay people who follow wifaq have this same argumentative attitude (again, this is from my experience and the people that i know on both sides of the argument, and i doesn't mean that those who follow saudi don't argue) I spend whatever time i can in tableegh, in order to rectify myself, and i have been in chillah over the last few years through ramadhan, therefore i follow whichever masjid i am in at the time for the beginning of ramadhan and eid. My local masjid follows saudi, and therefore i follow saudi when i am at home. I think i speak on behalf of many people in my situation, that we are not particularly pro saudi, we just follow the ulama which we trust. I am also very sure that should darul uloom bury change their view, and start following south africa or any other place, we would happily change. This is the same situation as following an imam in these times when salafis are constantly telling us not to.
I follow imam abu Hanifa, and the deoband ulama, but i don't understand each an every ruling, i follow them because i have faith in their opinions and rulings, so would this not apply for this moon-sighting issue. I am sorry for such a lengthy question, but i mainly want to know if the views that i have mentioned are correct, and if not then please explain. I am also sorry for bringing this topic up again. I have tried to be very clear, and i write this question from a sincere perspective, not from a biased viewpoint.
Jazakallah May allah increase your knowledge of deen, and allow you to continually serve deen as you have been doing. May allah also reward you from each and every muslim who benefits from your website.

Answer :

 
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

We agree with the sentiments expressed by you and appreciate your sincerity.
We also highlighted the improper conduct of some people without specific reference to individuals with the same spirit. Such general reference is not against academic ethics and ethos. Hadhrat Mufti Taqi Usmani Saheb Madda Zilluhu has raised similar concerns in his writings.

The academic opinions of the various Ulama on the moon issue in the U.K are well known. It was expected that such academic contributions would ultimately bear the fruits of making the correct decision. All our previous Fatawa should be read and understood in that spirit.
It is most unfortunate Non co-operation and acrimony have been the stumbling block in making progress.

In academic issues, the mind must prevail over emotions. Disagreement should be in an agreeable manner.

When academic differences lead to acrimony that is very un-academic. It becomes very difficult for people of dignity and honour to contribute any further to such a course.

To get caught in the web of acrimony and humiliating ones counterpart is counterproductive and detrimental to ones Imaan.

What was once supposed to be a pure academic issue is now an issue of ones Nafs and ego. We therefore distance ourselves from such unbecoming character and conduct.

The only seeable solution for the time being is:

· Academic issues should be confined to the Ulama and Muftis who are expected to address these issues within their ranks with decorum and honour.

· The layman is not tasked by Shariah to engage on academic issues. They are ordered to follow their Ulama.

· When the Ulama differ, don’t interfere. Never ever condemn any Alim or humiliate him.

· Simply place your trust in your Alim of trust and abide by his decision.

· There is no point in questioning his decision as you cannot be his judge.

· If anyone, be it your friend or family, places his trust in one Alim and abides by his decision, then respect his decision.

This approach will not eradicate the differences but will surely control the differences.
It should be noted that the Muslim community in UK are facing many more challenges than the moon issue. It is improper to direct all our energies only on the moon issue and disregard many other major challenges of the Ummah.
While we should be following a preferred (raajih) opinion, it is also improper to condemn an unpreferred (marjooh) opinion to such an extent that we neglect the major issues affecting the Ummah. Such an attitude itself is Marjooh in view of the general issues affecting the Ummah.
And Allah Ta’āla Knows Best
Mufti Ebrahim Desai.