Cont Islam (2015) 9:171187

DOI 10.1007/s11562-014-0318-7

Is the British weather anti-Islamic? Prayer

times, the ulama and application of the sharia
Mansur Ali

Published online: 11 September 2014

# Springer Science+Business Media Dordrecht 2014

Abstract In the absence of clear-cut guidance from the primary sources of the sharia,
how do Muslim scholars derive a workable religious praxis in changing circumstances
and which authorities do they invoke in the process? This article explores possible
answers to these questions by conducting a detailed analysis of a debate between two
groups of Deobandi scholars in Britain over establishing the correct time for the
commencement of morning (Fajr) and the onset of fasting for Ramadan. I argue that
besides the primary sources, these Deobandi scholars invoke alternate forms of extrascriptural authority such as the weight of precedence deriving from the akabir (elders)
of the Deobandi tradition, as also their reliance on modern scientific knowledge. The
article highlights the complex interplay of factors which determines the way that
Muslims in Britain negotiate the practice of their religion in new sociocultural milieu
and the way they attempt to incorporate these changes within the parameters of an
established religious discourse.
Keywords Islamic law . Sharia . Prayers . Ulama . Deoband . Science .
Muslims in Britain

From the outset, an explanation of the somewhat unusual title is in order. This article is not about whether it
can be proven theologically that the British weather is Islamic or anti-Islamic, although in theological terms, all
aspects of nature are seen as being Muslim, i.e. submitting to the will of God. The article is about the
challenges that Muslims face with regards to ascertaining prayer times in Britain due to adverse weather
conditions. The idea for the title first came to me in a discussion with a group of scholars (ulama) regarding the
topic of multiculturalism and how to integrate into mainstream British society whilst remaining loyal to the
teachings of Islam. One of the participants in the discussion joked that despite the pressure to integrate and
assimilate into the British lifestyle, it seems that Muslims will face many hindrance in doing so, not the least
from the forces of nature in the UK. His point was that the very presence of Muslims in the UK creates many
religious and theological challenges for them.
M. Ali (*)
Centre for the Study of Islam in the UK, School of History, Archaeology and Religion,
Cardiff University, John Percival Building, Cardiff Colum Road, Cardiff Cf10 3EU, UK
e-mail: AliMM1@cardiff.ac.uk

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Introduction
I have unintentionally been using the 15 deg[rees] fajr time, and not the 18
deg[rees] time. I was unaware that there was even a difference until today.
Because of this, I have been eating well into fajr time based on 18 deg[rees],
but have been stopping before the 15 deg[rees] time. Due to this confusion,
should my previous fasts be made up, or should I go on the basis of them being
accepted?1
In his seminal article on a debate held in Kelantan in 1937 over the legal status of
dog saliva in Islamic law, Roff (1983) explores the notion of change in the sharia. By
taking this debate as his starting point, Roff explores the provenance of Islamic law in
situations where there is no clear textual evidence from the Quran and sunna. In other
words, he asks the question How should one derive their authority for proper Islamic
behaviour in a changing world? In this article, I follow a similar line of enquiry and,
through an empirical case study, attempt to highlight the kind of authorities or
hermeneutical devices (usul) many Muslim scholars in Britain appeal to in situations
where scriptural evidence fails to explicitly support particular forms of religious
practice.
I take as my starting point a debate taking place in Britain between Deobandi
scholars regarding the exact time at which the Fajr (dawn) prayer commences. 2 The
Deobandis are adherents of a reform movement which started with the founding of a
seminary in Deoband, North India, in 1866 as a reaction to the British Raj (Gilliat-Ray
2010, 2006; Birt 2005; Metcalf 1982). They are also followers of the Hanafi school of
law (madhhab). The intra-scholastic debate of this school with relation to how extrascriptural authority is invoked provides an excellent case study because the Deobandis
are characterized by their conservatism and fidelity to the textual sources of Islam
(Pemberton 2009; Metcalf 2002: 2). Furthermore, the importance of studying the
scholastic writings of this group of scholars to understand the bourgeoning role of
the British Muslim ulama (scholars, sing. alim, fem. alima) is paramount since three quarters
of Muslims in Britain are of South-Asian background (Birt 2005: 183). A recent study on
British Muslim chaplains by Gilliat-Ray et al. (2013) shows that there is a significant
number of Deobandi imams working in British institutions as chaplains. Furthermore,
the Deobandis (mainly from the Indian Gujrati community) have been highly successful due to their social, religious, and economic capital in founding seminaries to train
religious professionals in Britain (Geaves 2012: 319). Eighty percent of the graduates
of Britains 26 seminaries are from Deobandi institutions (Birt 2005: 187). Therefore
Deobandi scholars are in the forefront in determining the scope and direction for
further Islamization (Birt 2005: 185).

http://spa.qibla.com/issue_view.asp?HD=1&ID=17034&CATE=239 (last accessed 18 Jul 13). This is a

question asked by a lay Muslim on a website that provides Islamic answers.
2
It should be noted that controversy between the two groups is not only confined to the starting of the Fajr
prayer but extends into other issues such as the correct starting time of the Isha prayer or the observation of the
moon for ascertaining the start of the month of Ramadan and eid. Any one of these controversies could have
been chosen to demonstrate the point being made in this article. However, the controversy surrounding the
starting of the Fajr prayer was chosen purposely as it is the least complicated of the issues.

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The works produced by them on the topic of prayer times are generally written in
Urdu and English and are available primarily on their websites.3 A detailed study of
these works illustrates how this group of Muslim scholars negotiates between religious
practice and reality in situations where explicit rulings are not to be found within the
primary sources of Islam. In doing so, this study highlights the ways in which extrascriptural forms of authority or hermeneutical devicesI only focus on three of them in
this article: talfiq (inter-madhhab syncretism), referring to a higher authority (namely
the elders of Deoband) and use of scientific computationare invoked to facilitate the
emergence of a workable religious praxis for Muslims inhabiting a predominantly
secular milieu. The tensions which can arise when the application of sharia is
circumscribed to the understanding of medieval scholars is thus explored along with
the attendant pressure to open up its canons of juristic methodology to extra-scriptural
sources as valid provenances of authority. With prayer and fasting playing a central role
in the lives of Muslims, the implications of the debate are not only confined to
academic discussions but play out in the everyday life of ordinary Muslims. The debate
is important for them because it impacts on their health and well-being, the disruption
to their sleep cycle and the number of hours they go without food and drink.
Much has been written on the normative status of the sharia and its adaptability in
the modern context. Hallaq (2004) is of the opinion that the sharia is no longer a
tenable reality. The Tunisian law professor, Mohamed Charfi, believes that its economic and business laws are outdated (Charfi cited in Masud 2001: 5). Muslim modernist
reformists are trying to resuscitate the sharia by proposing a new framework for reform
which favours an evolutionary principle of Quranic interpretations based on the
Meccan revelation as opposed to a Medinan one (an-Naim 1990). Tariq Ramadan
(2009) questions the methodology (usul al-fiqh) and calls for a radical reform based on
ethics and liberation theology. In contrast, Islamists like Sayyid Qutb (d. 1966) see
sharia as normative and that the society has to adapt to it. This does not mean that
Islamists are calling for the return of medieval jurisprudence, but that the State has to
conform to the dictates of the Quran and sunna (Haddad and Stowasser 2004: 10). The
Deobandi reform movement does not fall into any of the abovementioned categories,
and yet this study reveals that they are also grappling with the issue of the adaptability
of the sharia in a modern context.
This article is divided into two parts. In part 1, I explicate the context of the debate
and situate it within the frameworks of Islamic legal theory (usul al-fiqh) and law (fiqh).
In part two, I explore the writings of the two groups of scholars and comment on their
use of the aforementioned three forms of authority. I finally conclude by reflecting on
the effects that this type of debate has on the ordinary Muslims and what these debates
actually tell us about the practice of the ulama in new sociocultural milieu and the way
they attempt to incorporate these changes within the parameters of an established
religious discourse.

http://www.hizbululama.org.uk/ (last accessed 1 Oct 2013), http://www.wifaqululama.co.uk/ (last accessed 1

Oct 2013).

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Part 1: the context

Legal theory: the sources of Islamic law
It is generally understood that there are four primary sources (usul) for the sharia
(Hallaq 2009). Two of them are its textual sources: the Quran itself and the normative
prophetic practice enshrined in the sunna. The latter two, juristic consensus (ijma) and
the employment of a range of inferential tools (qiyas), function as the sharias human
sources (Izzi Dien 2004).4 Medieval Muslim scholars (ulama) differed on the extent to
which extra-scriptural sources can be accommodated as an authoritative source of the
sharia developing alternative sources which include juristic preference (istihsan),
utility (maslaha) and pre-Islamic religious law and local customs (urf). The dynamics
through which scriptural sources interact with local customs can be discerned in the
following example taken from the Hanafi school. The eponymous founder of the school
Abu Hanifa (d. 767) was of the opinion that if a person is unintentionally killed, the
offenders extended family (aqila) is liable to pay the indemnity (diya) to the family of
the deceased. However, later Hanafi scholars from Balkh in Northern Afghanistan
challenged this ruling, arguing that it is only effective within the social structure of an
Arab society in which individuals are bound up within networks of tribes and extended
family. The tangibly different structures of Balkhian family life effectively render the
original ruling inoperable in that context (Kayya 2005: 31).
A further source of authority in Islamic law remains to be explicated. The schools of
law (madhhab pl. madhahib) themselves are seen as a source and provenance of the
law (ibid.: 39). After the tenth century when the madhhabs developed into institutions
in their own right, scholars working within the framework of a madhhab were no
longer required to derive rulings directly from the primary sources. The madhhab
sufficed, and the effort of the scholar was directed towards interpreting and applying
the teachings of the madhhab founders. The importance of this point will become clear
as the protagonists of the case study discussed in this article are all adherents of the
Hanafi madhhab. However, the study reveals that, despite the scriptural fidelity which
is often attributed to them, even Deobandis emerge beyond the boundaries of their
madhhab by appealing to alternative authorities and hermeneutical devices not
recognised by the medieval Hanafi scholars such as, in the case of this study, intermadhhab syncretism (talfiq), the findings of modern scientists and the weight of
precedence invoked by claiming to follow figureheads of authority (akabir) within
their own Deobandi school. In fact, the question posed in the beginning of this article
on a fatwa website assumes that the mufti answering the question will be aware of the
scientific framework within which the Islamic rulings function.
Substantive law: prayer times
The five daily prayers occupy a central position in Islam, and Muslim jurists commonly
preface their works with rules relating to ritual purification and the method of
performing the canonical prayer. Whilst, at first glance, it may appear strange that
4
However, Qiyas is more of a method for deriving rulings based on syllogism rather than a source of the
sharia.

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space be given to ritual performance in legal texts, this arrangement serves to remind
both the jurist and the lay Muslim that to honestly follow the law is an act of obedience
to God (Hallaq 2009: 22526).
The five daily prayers are offered at different times of the day and involve performative acts which include the postures of standing, bowing, prostrating and sitting. In
Islamic legal terms, however, prayer is only valid when stipulated pre-requisites are
met. These can be classified as volitional and non-volitional; the former lying within
the domain of the worshippers control whilst the latter remain beyond his control.
Ritual purity of the worshippers body and clothes, for example, falls within the former
category, whilst determining the beginning of the prayer times, the subject of this
article, falls within the latter.
Prayer times are determined according to the movement of the sun as it is experienced in human perception. The morning prayer (Fajr) commences at dawn and ends
with sunrise. When the sun moves from its meridian towards the western horizon, the
early afternoon (Zuhr) prayer begins. The late afternoon (Asr) prayer starts when the
shadows of all things are double their size.5 The complete setting of the sun ushers in
the early night prayer (Maghrib) which is soon followed by the late night (Isha) prayer
offered when twilight disappears from the western horizon and the night commences.
On a more practical level, in the modern period, prayer timetables are mass produced
and distributed to Muslims who hang them up in their homes and work places referring
to them directly to determine the time of each prayer rather than engaging in personal
observation of natural phenomena. How should the data used to generate these
timetables be collected is the main debate between the two groups of Deobandi scholars
discussed in this article. One group of scholars argues that the data should be obtained
through observation of natural phenomena with the naked eye. The other group,
however, maintain that observation should be supplemented with scientific knowledge.
Observation of the movement of the sun with the naked eye has predominantly been
the means of ascertaining prayer times in the medieval period, although there is
evidence (Davidian and Kennedy 1961; Sams 2008; King 1973) that early Muslim
scientists did use mathematical calculations. By the thirteenth century, a new profession
of scholars called miqati or muwaqqit (timekeepers) emerged who were using astronomy to calculate the prayer times and direction to Mecca (King 1996). These
muwaqqits were either teachers who taught mathematics and inheritance law or at
times employed by the mosques (Brentjes 2008: 130). However, King (1996: 286)
argues that the muwaqqits were unable to influence the prayer caller (muaddhin) in
mosques who took their religious guidance from the ulama and not scientists. King
(2004) provides evidence to prove that there were two parallel astronomies at work in
the medieval period: mathematical astronomy and folk astronomy which Massasati
(2002: 88) calls ethno-astronomy. Mathematical astronomy is based on calculations and
predictions, whereas folk astronomy is based on observing the natural phenomena as
they occur. However, it was folk astronomy that the jurists took into consideration
when ascertaining the prayer times and mathematical astronomy remained an abstract
occupation for the elite (King 2004: 201). Medieval Muslims used sundials or gnomon

5
This is only in the Hanafi school. According to the other schools of law, Asr prayer time begins when the
shadow of all things are one time its length.

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in the mosque courtyard to measure the length of shadows, and the mosque minaret was
used to ascertain sunset (King 2004: 206).
Observation plays a major role in ascertaining Islamic rituals and festivals. Some
Muslims see the act itself as a form of worship (Yusuf 2012; Qasmi 2000). In her
discussion of Quranic time, Stowasser (2010: 14) says, Reading the sky for the five
prayers of the day and for the 12 months of the year is a constant reminder of divine
power and providence. In regions where adverse weather conditions mean the sun
cannot be directly observed, such as the UK, the ascertaining of prayer times using this
method can become problematic.
Mosques in the UK have been operating since 1887 (Gilliat-Ray 2010), and it is
known that the English convert Henry Abdullah Quilliam (18561932) used to publish
prayer times in the Liverpool Muslim Institutes weekly magazine called The Crescent
(Geaves 2009). It is not known exactly how he used to calculate these times. There are
some anecdotal references as to how Muslims worked out their timetables in the early
1980s. Writing nearly 30 years later, an Imam from Glasgow (G. Ali 2010: 30) reflects
that prior to 1982, Muslims6 were using a prayer timetable which was made from data
collected from astronomical computations. He claims that the prayer times recorded on
this timetable were incorrect and did not tally with the physical observations he
conducted. Similarly, a Muslim scholar from Yorkshire writes (Qasmi 2000) that he
travelled to the USA in 1980, where he discussed the timetable issue with other
scholars and astronomers. Through his discussion, he came to the realisation that the
prayer timetables in Britain were incorrect.
It should be noted that the above two scholars criticisms only relate to the Isha and
Fajr starting time and do not extend to the starting time of the other three prayers. This
is because there are no ambiguities with regards to these three prayers starting times. It
is only the latter two prayer times which are difficult to establish. There are a number of
reasons for this: (1) difficulty in application (tahqiq al-manat) of the definition of the
Isha and Fajr starting times provided in the Islamic law books to the UK context due to
adverse weather conditions and (2) further complication of the matter due to scientific
definitions available for the same natural phenomena. To fully unpack the various
factors at play here, it will be necessary to explore, in some detail, the Islamic
conceptions of prayer times related to Fajr prayer allied with some basic scientific
definitions. However, in order to understand the Fajr prayer time properly, some brief
comments need to be made regarding the starting and end time of the Isha prayer, since
the end of Isha denotes the beginning of Fajr.
In Islamic legal texts (Marghinani 2006; Nadwi 2007), the onset of night is the
necessary precondition for the commencement of the Isha prayer. In juristic terms,
night is defined as the disappearance of twilight (shafaq) from the western horizon
(ibid.). Twilight is the intermediary position between night and day caused by the
refraction of light due to the suns depression below the horizon. In Muslim understanding, the twilight is split into two portions: red twilight (shafaq ahmar) and white
twilight (shafaq abyad). The red twilight immediately follows sunset, whilst the white
twilight follows the red before the sky becomes completely dark (ibid.). Medieval
jurists disagreed amongst themselves about whether the disappearance of red or white
twilight signals the beginning time of the Isha prayer. From the Hanafi school, Abu
6

He presumably means his mosque or Muslims from Glasgow.

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Yusuf (d. 798) and Al-Shaybani (d. 805) were of the opinion that the Isha prayer
commences after the red twilight vanishes. Abu Hanifa himself, on the other hand, was
of the opinion that the prayer time begins with the disappearance of the white twilight.
The above juristic definitions cannot be applied in geographical regions of extreme
latitude, such as some northern towns in the UK, when during the summer months the
red twilight does not disappear from the western horizon. This means that around the
period of the summer solstice (from 21 June),7 the night, as defined by Muslim jurists,
technically does not commence, causing problems for ascertaining the start of the Isha
prayer time. The situation is further compounded when attempting to determine the
onset of another Muslim devotional practice: the fast of Ramadan. Since, in these
geographical regions of extreme latitude, the western twilight persists until it eventually
merges with the light of dawn, how is the beginning of the fast during the month of
Ramadan be determined? The Quran asserts that Muslims should terminate their
predawn meal (suhur) and begin the fast at the break of dawn (Q. 2:187). However,
if the onset of dawn cannot be distinguished from the perpetual twilight of the summer
months, how can the terminus ad quem for eating be determined with any certitude?
Again, some further clarity on the Islamic understanding of dawn and the commencement of the Fajr prayer time may be helpful here.
The classical books of Muslim law assert that the Fajr prayer time commences at
dawn. Just as Muslim cosmological understanding has distinguished between red and
white twilights, similarly dawn is conceptualised as comprising of two phases: false
dawn (subh kadhib) and true dawn (subh sadiq). False dawn is defined as the light
which shoots up vertically in the eastern horizon and derives its name from the illusory
appearance it conjures of the actual breaking of dawn (Marghinani 2006). In a hadith,
Muhammad says, Do not let Bilals call to prayer deceive you. It is to awaken the
sleepers and to make the people praying [supererogatory predawn devotions] aware
that Fajr is drawing close (Bukhari, M. i. I 2001/1422: 1:127, hadith 621). Bilal was
announcing the call to prayer at the time of false dawn. The time for true dawn begins
once the false dawn disappears, and the light starts spreading on the eastern horizon.
Since both horizons remain unclear in Britain during most of the year due to adverse
weather conditions, with the added complication of the western twilight merging with
the light of dawn during the summer solstice months, a number of scholars8 resorted to
scientific information gleaned from observatories (Ali 2010: 30). However, the information provided by the observatories further exacerbated the issue. Three additional
definitions of dawn were presented 9astronomical dawn, nautical dawn and civil
dawnwhich Muslim scholars were henceforth obliged to ally with the classical
juristic definitions of false and true dawn and without further looking into them,
concluding that the middle position of nautical dawn was the safest option to follow
since it is in the middle between the other two definitions of dawn (Qasmi 2000: 169).10

http://www.ast.cam.ac.uk/public/ask/2445 (last accessed 14 Nov 2013).

The sources are not clear who these scholars are or what Islamic movements they are from. It could be said
that since the author of the source of this information is a Deobandi, he may be referring to Deobandi scholars.
9
https://www.ukho.gov.uk/HMNAO/HMNAODocs/AIS/ais007.pdf (last accessed 1 Aug 2013).
10
It is interesting to note that the advice given to a Muslim questioner by the Cambridge University Institute
of Astronomy is to opt for the nautical dawn option (see footnote 7).
8

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Scientific definition of dawn

It will here be helpful to briefly define each of these terms, particularly as one group of
Muslim scholars discussed in this article contends that the scientific definition of dawn
corresponds with its sharia definition. Dawn occurs when the suns epicentre reaches a
certain angle below the eastern horizon. Astronomical dawn begins when the suns
epicentre reaches 18 below the eastern horizon. To the naked eye, astronomical dawn
is indistinguishable from the night. However, for scientists who use specialist equipment such as telescopes to observe the night sky, astronomical dawn is the point at
which it is no longer possible for them to make observation of the night sky.11
Nautical dawn occurs when the sun is 12 below the eastern horizon, and for
pragmatic purposes, is used by sailors who, at this point, no longer require artificial
light from lighthouses to see rocks and dangerous objects.
Civil dawn begins at 6 and ends with sunrise. It is also known as legal dawn. It is
the legal definition of daylight in Britain and is used to enforce a number of laws. For
example, it represents the time when sufficient natural light is available to render
unnecessary the use of car headlights and, in legal terms, constitutes the end of night
allowing the playing of loud music and the use of vacuum cleaners. The time difference
between each of these technical definitions of dawn can range from between 30 min to
2 h depending on the time of the year.
The controversy
Mention has been made above that during the 1980s, some Deobandi scholars started
looking into how the prayer timetables were formulated in Britain (Qasmi 2000; Ali
2010). They found through comparison of the timetables with actual observation of the
natural phenomena (Ali 2010) as well as talking to astronomers (Qasmi 2000) that the
timetables in circulation were based on nautical dawn (12) which, according to their
understanding of the Islamic definition of the break of dawn, was too bright. Not
knowing what to do in this situation, they turned to their elders in India for guidance.
There they found that the scholars they consulted were already using a timetable based
on an 18 calculation. Without any precedence for this issue in the UK, they felt
comfortable with the practice of their elders in India, hence suggesting that a timetable
based on an 18 calculation be also adopted for the UK.
However, the opinion to accept the precedent of the practice of the elders of India
did not go uncontested. One group of scholars disagreed with the 18 position and
suggested that a new timetable should be made based on data emerging from observations carried out in the UK without having to root it in an Indian precedence (Miftahi
2005). The first group of scholars will be called the 18ers in this article, whilst the
second group will be called Seasonal-Latitude observers (SLO). The 18ers defended
their decision from a number of perspectives.
First, they argued that a large number of early authorities like the Quran exegete
Mahmud al-Alusi (d. 1854) believed that true dawn breaks at 18 (Qasmi 2000: 75).
This, they argued, was also corroborated by medieval Muslim astronomers such as alBiruni (d. 1048) and al-Qayni (ibid.: 73). Furthermore, the 18 opinion was agreed at a
11

http://www.ast.cam.ac.uk/public/ask/2445 (last accessed 14 Nov 2013).

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meeting of scholars held in Dewsbury in 1983.12 The conclusion of the gathering was
endorsed by the Deobandi elders (akabir) of India. Surprisingly, they draw upon the
fatwas of scholars from outside the Deobandi circles not least their arch-rival Ahmad
Reza Khan Barelawi (d.1928) (ibid.: 77). They also argued that modern astronomers
and modern methods of computation also support their position (ibid.: 78). Finally, they
felt confident in the 18 calculation because it corresponds with physical observations
that they carried out in the north of England (ibid.: 208).
The SLO on the other hand want to move away from the use of scientific
knowledge and technology to ascertain religious rituals. They argued that the
sharia is not based on precise mathematical knowledge, since it is meant for
everyone: the elite as well as the lay person. They rejected the 18ers claims
based on a number of reasons (Miftahi 2005).
They argued that, in the absence of an explicit scriptural directive, valid differences
of opinion may coexist. They accused their adversaries of not properly understanding
the medieval legal texts. More so, they accused them of not understanding the context
in which the medieval scholars were operating in. They claimed that all of the medieval
legal texts were written geographically in places which fell between the equator and the
tropic of cancer which is from 0 north latitude to 24 north latitude. They maintained
that the 18ers did not take into consideration that in countries that are above 43 north
latitude where the length of day and night is hugely disproportionate, the Islamic
definition of true dawn (subh sadiq) roughly falls between 16 and 14 depending on
the time of the year. Britain is roughly between 50 north latitude (Truro) and 57 north
latitude (Inverness). Furthermore, they disputed the 18ers claim that Muslim scientists
were unanimous on their view of 18 (Miftahi 2005: 22). On the contrary, they say that
al-Biruni believed that dawn fell between 1518, and al-Qayni was of the opinion
that it starts at 17 (ibid.). Finally, they also based their opinion on physical observation
of the natural phenomena which markedly differed from the 18ers observations.
Given the centrality of the five daily prayers to Muslim devotional life, it should be
understood that the ramifications of this debate play out in the lives of ordinary
Muslims inhabiting British towns and cities. There are cases that have been reported
where some members of a household were following two different timetables, leading
to family conflict.13 In order to bring some uniformity to these differences, at least in
London, 36 Muslim organisations including the London Central Mosque, Mayfair
Islamic Centre, East London Mosque, Muslim Welfare House, al-Manaar, The
Muslim Cultural Heritage Centre, Masjid al-Tawhid and Islamic Sharia Council and
al-Muntada al-Islami Trust got together to find a solution to this problem (Miftahi
2011). After an 18-month consultation, they decided to adopt a unified timetable based
on the SLOs observations of dusk and dawn carried out between 1987 and 1988.14 The
adoption of this timetable led to a number of people disputing it on the basis that the
SLOs observations were incorrect and inconsistent (Patel 2011, 2012; Qasmi 2000).

12

I will comment on this meeting further on in the article.

http://www.sunniforum.com/forum/archive/index.php/t-110814.html (last accessed 1 Nov 2013).
14
http://archive.eastlondonmosque.org.uk/unified (last accessed 1 Nov 2013).
13

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Part 2: the text

There are two main texts that I used to study this debate. Baritaniya wa Ala Urud alBilad par Subh Sadiq wa Shafaq ki Tahqiq (Research on True Dawn and Twilight in
Britain and High-latitude Countries) by Yaqub Qawi Qasmi champions the 18ers view
and is written in Urdu. It is a compilation of a number of articles written by the author
over a number of years. What is most interesting is that the author produces images of
minutes of meetings that took place in the 1980s. The book is an excellent repository of
original documents for anyone who wants to study some of the religious issues the
ulama were concerned with in the 1980s. The SLOs view is explicated by Yaqub
Ahmed Miftahi in his book Fajar and Isha Times and Twilight. Miftahis approach in
the book is devotional as well as apologetic. He responds to some of the allegations
levelled against him, especially the observations of the natural phenomena that he
carried out in Blackburn in 1986 and 1987. He then goes to provide evidence for his
position by resorting to a plethora of academic sources. In addition to these sources, I
have also looked at secondary sources which comment on these works (Patel 2011;
Qasmi 2007).
In this article, I focused my analysis on three modes of argument in the prayer time
debate: talfiq, precedents of the elders of Deoband and the use of data derived from
scientific computation. I have clearly stayed away from the discussions ensued in this
debate involving the Quran and sunna, since there is not much that one can find on the
timetable controversy in these sources.
Talfiq: a pick and mix approach to the law
Talfiq, which literally means amalgamation, is an eclectic approach to the law. It is a
legal device used to venture beyond the confines of ones established school of law
(madhhab) to appropriate opinions from another school, mainly from one of the four
canonical schools. It is a mechanism employed predominantly, but not exclusively, by
modern scholars (Krawietz 2002) to bring about sharia reforms to suit modern
situations whilst remaining within the boundaries of orthodoxy (Hallaq 2009: 448).
Talfiqs genesis can be dated back to as early as the eleventh century (ibid.: 4) probably
in parallel with the closing of the gates of independent reasoning (ijtihad) (Schacht
1982: 69) as a way of expressing novel ideas without contravening the restrictions
imposed by the law.
There are differences of opinion amongst the Hanafi scholars regarding its permissibility. Najm al-Din al-Tarsusi (d. 1357), Ibn Nujaym (d. 1453) and Ebu Suud (d.
1574) were all in favour of it. On the other hand, Qasim ibn Qutlubugha (d. 1474), alSharunbulali (d. 1836) and Ibn Abidin (d. 1836) were all against it (Krawietz 2002: 13).
As it was mentioned before, Deobandis are staunch Hanafis who seldom venture out
of their own school even though this may cause hardship at times (Pemberton 2009).15
Nevertheless, it is found that in the case of the prayer timetable issue, in particular with
15
http://www.deoband.org/2013/01/general/principles-of-fiqh/issuing-fatwa-on-the-ruling-of-anothermadhhab/ (see section on Is it a Condition that the Qadi be Aware of the Disagreement?; last accessed Oct
2013). The following fatwa shows the position of Deobandi scholars with regards to women praying in the
mosque and the attempt of one mufti to reconcile this view with the realities of modern society. http://www.
daruliftaa.com/node/6128?txt_QuestionID= (last accessed Oct 2013).

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regards to the commencement of dawn during the period of perpetual twilight, the 18ers
look to the Shafi school for guidance. This is because the Hanafi school is comparatively vague on the issue, only stating that in such situations, one should employ
calculated guesswork (taqdir) to ascertain the onset of dawn (Qasmi 2000: 46, 110).
The Shafii school, on the other hand, has developed sophisticated methods of
conducting this guesswork in practice which the 18ers seek to appropriate (alTahtawi sharh al-Durr, cited in Qasmi 2000: 110; al-Kashmiri citied in, ibid.: 161).
In a gathering of 40 Deobandi scholars in Dewsbury in 1982, four solutions, taken
from the Shafi school, were suggested as a possible way to ascertain when the
Ramadan fast begins and when Fajr prayer time commences during perpetual twilight
in the summer months (Qasmi 2000: 49). These included the following:
1. The concept of closest days (aqrab al-ayyam), which practically meant to adopt
as the time of dawn throughout the period of perpetual twilight, the time at which
dawn last occurred when twilight was clearly distinguishable from the dawn.
2. Another option discussed was to divide the night, for practical purposes, into seven
equal segments from sunset to sunrise; the first six parts were deemed as night, and
the seventh portion is to be allocated to dawn (Qasmi 2000: 47).
3. A further option discussed is to follow the closest country (aqrab al-bilad) where
perpetual twilight does not exist,
4. And the final option is to divide the night into two portions (nisf al-layl) and to
offer the Fajr prayer in the latter portion (ibid.)
Out of these opinions, a referendum was passed for the 1/7th of a night option.
Minutes were taken at the meeting, and all who were present signed it as an approval of
the decisions taken (Ibid.).
Necessity has driven the 18ers to look beyond the boundaries of their law school.
This is a pragmatic approach that can be employed to find solutions to other contested
issues such as women travelling on their own whilst remaining within the bounds of
orthodoxy. However, without clear guidance as to how talfiq should work, an unbridled
use of it can lead to chaos and confusion. Another negative corollary of talfiq may lie in
the way it stifles the spirit of exploration that led to the opinion of an alternate law
school being appropriated in the first place. Once the other schools opinion is
internalised by a madhhab, it becomes a part of the madhhab by becoming fixed and
authoritative (at least in the eyes of those who are advocating it). This may have
negative effects on people since the original position of their madhhab was vague, and
in the vagueness was diversity and freedom. By making the opinion of the other
madhhab authoritative, this freedom is greatly curtailed. There is evidence to indicate
this. Following another meeting in May 1983 in Bradford, which was presided by
Mufti Mahmud al-Hasan Gangohi (d. 1996) whilst he was visiting the UKwhere the
Shafi position of aqrab al-ayyam (closest day) was appropriated by the Deobandi
Hanafi scholarspeople wrote to Gangohi in Preston in June 1983 asking him whether
it was permissible to continue adhering to the previous 1/7th part of the night position
because the closest day position was proving too hard to follow (Manubari 1983).
Resorting to Gangohi by the ulama to decide upon a solution for the prayer timetable
issue, and the subsequent lay-peoples referring to him because they were not happy
with what was decided in the meeting is understandable since Gangohi commands a

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high level of respect amongst the Deobandis. He was a spiritual guide and a former
chief mufti of Dar al-Uloom Deoband and Dar al-Uloom Mazahirul Uloom,
Saharanpur India and a disciple of the Sufi master Zakariyya Kandhalwi (d. 1982).
This then brings this discussion to the second form of extra-scriptural sources used by
the ulama in order to find a resolution to the prayer timetable issue, i.e. the elders of
Deoband.
Akabir Deoband (elders of Deoband)
Deobandi scholars hold the opinions of their elders (akabir) in high esteem. The word
akabir is a generic term and can include a host of people. It includes a shared canon of
indubitable elders to whom Deobandis worldwide appeal to such as the original
founders of the Deobandi institution and their students. It may also refer to the teachers
of the person who is using the term. In the timetable debate, scholars from both sides
rely heavily on legal opinions (fatwas) from the elders. A few of these akabir have been
particularly identified as figureheads in this debate. These include Ashraf Ali Thanawi
(d. 1943), Zafar Ahmad Uthmani (d. 1974), Muhammad Shafi (d. 1976), Mahmud alHasan Gangohi (d. 1996), Rashid Ahmad Ludhyanawi (d. 2002) and Muhammad Taqi
Uthmani. The underlying rationale may be discerned in the authority represented by
these figureheads which is used to bolster either sides position. Geaves (2012: 325)
argues that turning back to India/ Deoband for religious guidance is due to the
symbiotic interdependence between the Indian dar al-ulooms and Western diasporas.
Through trans-global networks, the walls of Deoband is symbolically constructed and
extends to an imagined community of believers which also includes people in the
diasporic communities in the West, who see themselves incapable of articulating correct
Islamic teachings without the guidance of their elders in India. Geaves provides a
possible explanation for this:
The Indian ulama are respected figures on the diaspora religious circuit, where
they preach conservative messages and are perceived as the custodians of deen
(religious knowledge and sanctity). The diaspora communities are perceived as
either lost or surrounded by dunya (represented by Western values, modernity,
materialism and secularism). Thus deen becomes perceived as religion as it is
embodied in the behaviour of the religious experts and maintained by the dar alulooms, while dunya is the realm of the communitys everyday life in the
environment of the West (Geaves 2012: 325).
However, if the akabir carry such authority for Deobandis, then why does
such intra-sectarian rivalry persist on the timetable issue? One possible answer to
the question maybe that resorting to the akabir is a simple strategy to camouflage ones own opinion through a process known as legal scaffolding (Jackson
1996). Legal scaffolding is when a person hides behind a higher authority and
presents his views in such a way that it seems that the higher authority also
concurs with the view (ibid). In the instance where the higher authority does not
concur with a position, the opinion of the higher authority is explained in such a
way that it is made to conform to the opinion. An example from the data will
help to illustrate this point better.

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Thanawis fatwa on 18
Ashraf Ali Thanawi is an elder of the Deobandis and is held in eminence by them
around the world (Zaman 2010: 52). In response to a query from the city of Renfrew,
Scotland in 1932 regarding the timing of prayers, Thanawi produced a year-round
prayer timetable and sent it to the questioner with a detailed explanation (Thanawi cited
in Qasmi 2000: 50, 62, 8084). The timetable was based on an 18 calculation (ibid.).
This fatwa, then, should have been decisive for all, 18ers and the SLOs, yet we find that
differences persist between the two groups.
As Thanawis fatwa ostensibly rules in favour of the 18ers, it leaves the SLO in a
difficult position since its rejection implicitly implies a simultaneous rejection of the
elders authority. This difficulty is mitigated through a number of justifications. Firstly,
they assert that the issue under consideration requires expert knowledge of a technical
subject and falls outside the jurisdiction of the elder: since Thanawi is not an expert on
astronomy his opinions do not hold force in the sharia (Qasmi 2011: 1525). Secondly,
the fatwa itself is interpreted in such a way that it does not go against their position.
Miftahi writes:
I would advise strong caution, however, in attributing 18 degrees to Hazrat 16
Thanvi [sic] RA,17 as the authors have done. [] A study of Molana Thanvis
works on this subject show that molana preferred mushahadah (observation) and
did not advocate the use of degrees. Molanas initial response to the questioner on
Isha (night prayer) was to carry out a mushahadah. When the questioner
responded by saying it was difficult to carry out mushahadah in Britain, molana
asked the munjim (astronomer) to respond by preparing a chart and the munjim
sent a chart based on astronomical twilight from the almanac. The record does not
explicitly suggest that Hazrat himself instructed the munjim to use 18 degrees
(Miftahi 2005: 69).
The above discussion on the akabir Deoband is not an isolated incident. The sheer
number of times that the akabir argument is used in Deobandi discourse, when it is
possible to go back to the original opinion of the Hanafi school or even the primary
sources, leads me to conclude that the akabir argument is promoted to the level of an
authority in the sharia. Its sole function is to quell any opposition to ones views
through the process of legal scaffolding which constructs the view of a higher authority
as a subterfuge. So far, my discussion has centred on the way in which modern British
Deobandi scholars have resorted to precedent; I will henceforth explore the scholars
attitude towards using data derived from scientific computation in order to assist them
in ascertaining prayer times.
Scientific calculation vs. physical observation
Although neither group of scholars under study categorically assert the status of science
as an authority in sharia, the actual practice of the 18ers reveals the extent to which
16
17

An Urdu word for honourable.

Abbreviation for rahmatullahi alayhi used for pious predecessors. It means May God have mercy on him.

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they rely on data derived from scientific computations. To this end, technical discussions on angular depression feature commonly in their literature, whilst, by contrast,
discussions on physical observation (mushahadah) appear more frequently in SLO
literature.
Mushahadah is an Arabic word which means to observe. In the context of this case
study, it refers to the observation of natural phenomena with the naked eye without any
assisted devices to facilitate the performance of religious rituals? As I mentioned earlier,
physical observation of the natural phenomena was the preferred method of the
medieval Muslim scholars to ascertain prayer times (King 2004: 465) although
mosques did employ muwaqqits (professional timekeeper) to work out the prayer times
(Ibid). In line with traditional Islamic practice, both groups of scholars in this study are
in favour of physical observation. They only differ on the level of influence that science
should have on the processes involving physical observation. The 18ers are of the view
that since 18 of solar angular depression is the correct position, the observation must
conform to this position. The SLOs are of the opinion that there is no fixed degree to
determine the sharia phenomenon of dawn; hence, the astronomical degrees should not
interfere with the observation process (Miftahi 2005). Ironically, the SLOs method was
later developed into a software package which produces prayer timetables by inputting
information of ones location.
As a reaction to the 18ers perceived over-reliance on scientific knowledge, the SLOs
argue that it is only physical observation which is acceptable by the sharia. They do
this by using a number of arguments. Firstly, they justify it by calling it a prophetic
practice (sunna) (Miftahi 2005: 3). This imbues it with a religious sanctity that the
scientific method can never hope to achieve. Secondly, they claim that Islam is a
universal religion which caters for people from all socioeconomic backgrounds. Prayer
being a core ritual of Islam has to be accessible to all, educated and non-educated,
urban and rural, and by forcing people to adopt scientific methods of calculation is to
unnecessarily burden them, whilst even God does not burden people beyond their
capabilities (ibid.: 44). An additional argument marshalled against the use of scientific
computations in deriving religious rulings is the perceived over-preciseness of science
which does not ally with the spontaneity of sharia (ibid.: 45). Miftahi illustrates this
point by citing the example of tap water which, according to him, does not need to be
scientifically pure but clean according to the standards of the sharia; a standard defined
by its taste, smell and colour not changing due to any impurities (Miftahi 2005: 45).
The SLOs view science to be a fallible and uncertain source of knowledge which at
times can contradict physical observation. They maintain that whilst physical observation is not scientific, it is the best option available. Does this then mean that the SLO
imprecate against the epistemological foundations of the scientific method? On the
contrary, they argue that as long as science does not interfere with religious rituals, it
has a high status in the religion (ibid: 36).
What can be gleaned from the above is that, for the SLO, using data derived from
scientific computation in rituals falls outside the ambit of Islamic jurisprudence. The
logical conclusion of this is that its employment for the religion can only lead to
disunity and chaos (Ibid.: 44). Miftahi writes:
To re-emphasise the point, rigid adherence to scientific and technological
standards is against basic Sharee [sic] principles and should not be used to

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185

disunite the Ummah and for Muslims to doubt the validity of their Salat
(Miftahi 2005: 44).
Like the SLO, the 18ers advocate the utility of physical observation but, unlike
them, feel it should corroborate the findings of scientific method. Furthermore, the
complex complications arising from physical observation are highlighted, such as
cosmic dust flying in the atmosphere, the presence of moonlight and light pollution,
the imbalance of temperature, and the fallibilities inherent in a low vantage point or
weaknesses in the eyesight, experience or knowledge of the observer (Qasmi 2000). In
practice, the 18ers emphasis on the complexity of observation reveals two outcomes:
either they believe that they alone are sufficiently trained to carry out such observation
properly or they undermine the entire concept of observation instead foregrounding the
necessity of using scientific data.
The implications of the arguments presented by both groups of scholars have
translated into their attitude towards a number of observations carried out by the
SLO between 1987 and 1988 in Blackburn. It may seem a bit odd that arguments are
still raging over these observations that were carried out nearly a quarter of a century
ago. I have already discussed why this is the case. Nevertheless, the significance of
these observations by the SLO is realised when we find that more than 36 organisations
in London used them as the basis of developing the London Unified Timetable.
Conversely, the 18ers insistence on their position being in accordance to the dictates
of the sharia has led them to severely criticise the Blackburn 19871988 observations
in terms of its methodology, findings and application. Not less than two articles have
been written to show that the SLO timetable and by extension the London Unified
Timetable has internal inconsistencies (Patel 2011, 2012).

Conclusion
In conclusion, this article confirms the broader issues identified by Roff (1983) in his
discussion on the legal status of dog saliva, that despite the centrality of the sharia in
the life of a Muslim, its applicability and scope is highly contested. It seems that the
prayer time controversy is an insolvable issue because of the decentralised nature of
sunni Islam and the lack of a uniform authoritative voice in it. This creates a niche of
authority which is fortified through pamphleting and through highly charged religious
rhetoric. Despite the silence of the primary Islamic sources, or in this instance, the
Hanafi school too, on this issue, some ulama insist on subsuming the broad corpus of
juristic diversity into a single opinion which they henceforth present as binding to their
congregations. This can create unnecessary hardship for devoted Muslims during the
month of Ramadan, for example, who observe up to 20 h of fasting, when an alternate
opinion would permit 17 h.
The debate discussed in this article is yet another example of the tensions that
religious scholars are facing in a changing world. To what extent can technology
developed in an alien epistemological framework be incorporated into classical models
of Islamic jurisprudence or should it to be rejected outright? To what extent is Islamic
law compatible with the findings of modern science? These are some of the issues
implicit in attempting to apply an ancient system of law, rooted in religious principles,

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to the lives of Muslim communities inhabiting modern societies. The underlying

tension religious scholars experience when grappling with these broader issues can
lead to a division into proponents and opponents, which far from revealing a mutually
irreconcilable hostility, demonstrates their collective struggle to maintain scriptural
fidelity in a world of ever-changing norms.
Acknowledgments A shorter draft of this paper was presented at the Exeter University Sharia Project
conference in April 2013. I would like to thank my colleague Dr. Robert Lang from the School of
Astrophysics at Cardiff University for helping me to better understand some complicated scientific information. I would also like to extend my gratitude to my colleagues Professor Sophie Gilliat-Ray and Professor
David Waines and to my student Riyaz Timol (PhD candidate at Cardiff University) for reading drafts of this
article and for their valuable suggestions.

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