Can the testimony of a woman be accepted with regard to sighting the new moon of Ramadaan?

 

Can the testimony of a woman be accepted with regard to sighting the new moon of Ramadaan?.

Praise be to Allaah.

The fuqaha’ differed with regard to accepting the testimony
of a woman with regard to sighting the new moon of Ramadaan. There are two
opinions: 

1 – Her testimony may be accepted. This is the view of the
Hanafis – if it is cloudy– and the Hanbalis, and it is one of the two views
held by the Shaafa’is. 

2 –That it cannot be accepted. This is the view of the
Maalikis, and the more correct view according to the Shaafa’is. 

Ibn Qudaamah said in al-Mughni (3/48):  

If the one who brings the news is a woman, then according to
the madhhab her word is to be accepted. This is the view of Abu Haneefah and
is one of the two views held by the companions of al-Shaafa’i, because it is
news that has to do with a religious matter, so it is akin to narration of
reports, or telling people what the direction of the qiblah is, or that the
time for prayer has begun. And it may be that it is not acceptable, because
it is testimony about the sighting of the new moon, and the word of a woman
cannot be accepted concerning that, like the new moon of Shawwaal. End
quote. 

See: Tabyeen al-Haqaa’iq (1/319), al-Taaj
wa’l-Ikleel (3/278), al-Majmoo’ (6/286) and Kashshaaf
al-Qinaa’ (2/304). 

The Hanafis differentiate between cloudy and clear weather.
If it is cloudy, the testimony of two men, or a man and two women, is
acceptable, but if it is clear then it is essential to have many people to
testify to that . See: al-Bahr al-Raa’iq (2/290). 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:
Some scholars say that the testimony of a female cannot be accepted, either
in Ramadaan or at other times, because the one who saw the new moon at the
time of the Messenger of Allaah (peace and blessings of Allaah be upon
him) was a man, and because the Prophet (peace and blessings of Allaah
be upon him) said: “If two witnesses (shaahidayn) bear witness, then start
the fast and end the fast,” and a woman is a shaahidah not a shaahid. 

The evidence of our madhhab is that this is a report
concerning a religious matter which is addressed equally to males and
females, as males and females are equal with regard to narrating reports,
and reports are religious matters. Hence they did not stipulate that
sighting the new moon of Ramadaan should be proven by a judge, and they did
not stipulate any particular wording for the testimony, rather they said: If
he hears a trustworthy person telling the people in his presence that he has
seen the new moon, then he must fast on the basis of this news. End quote from al-Sharh al-Mumti’ (6/326). 

As for the new moon of Shawwaal, it can only be proven by the testimony of two men. 

And Allaah knows best.