1. One sees the new moon himself.

2. A group of trustworthy people report seeing the new moon.

3. Two just men report seeing the new moon and their des­criptions do not disagree.

4. Thirty days have passed since the beginning of Shaban.

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5. The leading mujtahid states that it is the first of Ramadhan.

(a) Even those who are not followers of the leading muj­tahid must accept his announcement. However, if one is certain that he is wrong, he must not obey the announcement.

6. An astronomical report on the new moon is not a binding verification of the first day of Ramadhan. However, if one feels certain that it is correct, he must abide by the report.

Actions Which Nullify the Fast

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1. Eating or drinking anything in any quantity.

2. Sexual intercourse.

3. Any sexual activity that leads to ejaculation.

4. Attributing a lie to Allah, the Holy Prophet or the Imams (peace be upon them).

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5. Allowing heavy dust or thick smoke reach one’s throat.

6. Submerging one’s entire head in water.

7. Remaining in need of ghusl-janabah, ghusl-haydoh or ghusl- nifas up to the time of the morning adhan.

8. Taking a liquid enema.

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9. Intentional vomiting.

F. If one intentionally and willingly commits an act which breaks his fast, his fast will be invalid, but if an invalidating action is committed unintentionally, inattentively or involuntarily, then the fast is valid.

1. If something is put into one’s throat by force or one’s head is submerged into water by force, his fast does not become invalid, but if one breaks his fast after only being threatened, his fast is invalid.

2. Someone who needs guhsl-janabah in the nights of Rama­dhan and knows that if he or she sleeps he will not wake up until morning, he should not sleep before making ghusl. If he sleeps and does not wake up, his fast that day is invalid and he must do an act of atonement and make up the fast (see sec. G).

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3. If someone who is in need of ghusl-janabah, is sure that if he or she sleeps he will wake up before the time of adhan and has the intention of making ghusl-janabah after he wakes up, sleeps and does not wake up before the time of morning adhan his fast that day is valid.

286 Studies in Islamic Law, Religion and Society

4. If the above mentioned person wakes up before the time of morning adhan, sleeps again with the intention of wak­ing up before morning adhan and making ghusl-janabah and then doesn’t wake up, his fast is invalid and he should only make up the defaulted fast. This is also true if he sleeps for the third time.

G. If a person for whom Ramadhan fasting is compulsory, in­tentionally and willingly vomits or remains in need of ghusl- janabah, he should only make up the defaulted fast. In any other case of intentionally and willingly breaking one’s fast, he must do an act of atonement in addition to making up the defaulted fast.

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1. There are three methods of atonement. Either method will atone for one day of defaulted fasting.

(a) Freeing a slave.

(b) Fasting for 60 days:

1. The first 31 days of this fast must be consecutive.

2. If, in the first 31 days, a reason arises for which one must break one’s fast, such as a menstrual period or a journey which should be done, one need not start the 31 days of fasting over. Ra­ther, he can resume counting when the cause is removed.

(c) Feeding 60 poor Muslim persons (for one full meal) :

1. If he cannot afford to feed 60 poor Muslims, then he should feed as many as he can. If he cannot afford to feed anyone, then he should ask Allah for forgiveness (say Astaghfore Allah). It is a necessary caution to perform a method of atonement whenever he finds the ability to do so.

2. If one breaks his fast with a haram act (drinking wine, adultery, having sexual relations during the wife’s mens­trual period etc.), he must make up for that fast by obser­ving all three atonements. If one cannot afford to ob­serve all three atonements, he must observe those which he can afford.

When kefirs accept Islam, it is not obligatory for him to make up the fasts he missed before he became Muslim. How­ever, if a Muslim becomes a kafir and then resumes Islam, he should make up the fasts he has missed.

Exemptions from Fasting

1. If a person, by reason of illness, did not observe Rama- dhan fasting, and his illness continues until the next Rama- dhan, it is not compulsory for him to make up the defaulted fasts. However, for every day of defaulted fast, one must give 3/4 kilogram (one mud) of wheat or any such staple food to the poor.

(a) If one has not kept his fast for reasons other than sickness (example : being on a journey), and his rea­son continues until the next Ramadhan, he must make up the defaulted fasts and it is advisable for to also him give 3/4 kilogram of food to the poor for every day of defaulted fast. Following persons are exempt from fasting.

An aged person who cannot fast or for whom fasting is hard

(1) In the latter case, he must pay 3/4 kilogram of food to the poor for every day of defaulted fast.

(2) If, after Ramadhan, it becomes possible for the aged person to fast, he should make up his de­faulted Ramadhan fasts.

(b) One who has a condition which causes thirst and who cannot tolerate going without water or for whom fasting is hard.

(1) In the latter case, he must pay 3/4 kilogram of food to the poor for every day of defaulted fast.

(2) He should limit his intake of water to the mini­mum necessary.

(3) If after Ramadhan, it becomes possible for him to fast, he should make up his defaulted fasts.

(c) A woman who is pregnant and whose delivery time is near, if fasting will harm herself or her baby.

(1) She must give 3/4 kilogram of food to the poor and, make up the defaulted fasts.

(d) A woman who is breastfeeding her child, if fasting will harm herself or her child.

(1) She must give 3/4 kilogram of food to the poor and make up defaulted fasts.

(2) If she can find a wet-nurse to hire for the baby, she must do this and keep her fast.

J. Fasting on the festival days of al-Fitr and al-Adha is haram:

Traveler’s fast

1. A traveller who has to shorter his prayers for a journey must not fast. A traveller who observes normal prayers, such as a professional traveller, must fast. If a journey is undertaken on un-Islamic principles, the traveller must fast.

2. If one who is fasting begins his journey after noon, he must continue to fast. If he starts his journey before noon, when he reaches the point where neither one’s hometown houses are seen nor the sound of adman is heard, he must break his fasted. If he breaks it before reaching that point, he will have to pay atonement.

3. If a traveller returns to his hometown or reaches a place where he intends to stay for ten days before noon, and has not done anything which would invalidate the fast, he must fast that day.

If he did do something that would invalidate the fast, that day’s fast is not obligatory for him if a traveller arrives home or to a place where he intends to stay for ten or more days after noon, he must not fast that day.

L. It is recommended that one who was not able to fast and who becomes able to fast during the day observe the rules of fast­ing for the remainder of the day, even though his fast is not valid.