Volume 18. Number 1, 2018 EDITOR-IN-CHIEF Khamami Zada EDITORS Fathudin Maman R Hakim Windy Triana Nur Hidayah Ahmad Bahtiar INTERNATIONAL EDITORIAL BOARD Tim Lindsey (University of Melbourne Australi. Nadirsyah Hosen (Monash University Australi. Ahmad Hidayat Buang (Universiti Malaya Malaysi. Raihanah Azahari (University Malay Malaysi. Mark Elwen Cammack (Southwestern Universit. Razeen Sappideen (University of Western Sydne. Carolyn Sappideen (University of Western Sydne. Nik Ahmad Kamal bin Nik Mahmod (International Islamic Universiti Malaysi. Ahmad Tholabi Kharlie (UIN Syarif Hidayatullah Jakart. Muhammad Atho Mudzhar (UIN Syarif Hidayatullah Jakart. Masykuri Abdillah (UIN Syarif Hidayatullah Jakart. Muhammad Amin Suma (UIN Syarif Hidayatullah Jakart. Arsykal Salim GP (UIN Syarif Hidayatullah Jakart. Asep Saepudin Jahar (UIN Syarif Hidayatullah Jakart. ASSISTANT TO THE EDITORS Kamal F. Musa Erwin Hikmatiar ENGLISH LANGUAGE ADVISOR Bradley Holland Umi Kulsum ARABIC LANGUAGE ADVISOR Amany Burhanudin Lubis AHKAM has been accredited based on the determination of Director General of Research Reinforcement and Development. Research, and Technology Ministry of Higher Education of Republic of Indonesia. No. 36/a/E/KPT/2016 . alid until 2. AHKAM Jurnal Ilmu Syariah (ISSN: 1412-4. is a periodical scientific journal published by Faculty of Sharia and Law of Syarif Hidayatullah State Islamic University Jakarta in collaboration with Indonesian Scientist and Sharia Scholar Association (HISSI). This journal specifically examines the science of sharia and obtains to present various results of current and eminence scientific research. The administrators receive articles as contributions Sharia and Islamic law disciplines from scientists, scholars, professionals, and researchers to be published and disseminated. EDITORIAL OFFICE: Fakultas Syariah dan Hukum UIN Syarif Hidayatullah Jakarta Jl. Ir. Juanda 95 Ciputat. Jakarta 15412 Telp. ( 62-. Faks. ( 62-. Website: http://journal. id/index. php/ahkam/index E-mail: Jurnal. ahkam@uinjkt. Table of Contents Herdi Sahrasad & Al Chaidar Indonesian Terrorist. ISIS, and Globalization of Terror: A Perspective Hotnidah Nasution Implementation of the Principle of Ultra Petitum Partium in Deciding Children Livelihood in Divorce Lawsuit in Religious Courts Havis Aravik. Choiriyah & Saprida Critical Study on The Legal Thinking of Muhammad Shahrur Nita Triana Urgency of Arbitration Clause in Determining The Resolution of Sharia Economic Disputes AIO IEOA AINO COIIO IEAA EO OA uIOIOO (IO ECO IE. A Arrisman Islamic Law and Business Ethics: Case Study of Forest Fires for Clearing The Lands Abdulmajeed Hassan-Bello Riba and Islamic Banking. Examining the Practices of Jaiz Bank PLC. Nigeria Isnawati Rais Marriage Dispensation due to Extramarital Pregnancy: The Study on the Decision by the Religious Court of South Jakarta . Hamzah Zakah Empowerment Optimization Through Baitul Ikhtiar Cooperation as an Effort in Poverty Alleviation in Bogor Regency Abdul MutaAoali Israel and Palestine Conflict from Linguistics and Fiqh Siyasah Perspective Susiknan Azhari Tracing the Concept of Fajr in the Islam Mosaic and Modern Science Ahmad Sholihin Siregar The Construction of AyAtul AukAm (Constructing the Selection Bases of AyAtul AukA. Tracing the Concept of Fajr in the Islam Mosaic and Modern Science Susiknan Azhari Abstrak: Paper ini berupaya menelusuri beberapa pandangan mengenai waktu Fajr yang akurat. Studi ini menemukan bahwa konsep-konsep yang berbeda mengenai Fajr dalam dunia Islam disebabkan oleh dua faktor: hadits Imamah Jibril yang terlalu umum dalam pemikiran dan cara-cara yang berbeda dalam memahami hadits AughalasAy dan AoisfarAy tanpa mempertimbangkan kondisi dan cuaca ketika hadits tersebut diucapkan. Selain itu, para astronom Muslim berfokus pada matahari dan mengabaikan pesan nash. Hal ini, pada gilirannya, menyebabakan kalim kebenaran. Kata kunci: Ghalas. Isfar, jarak zenith ke matahari AHKAM - Volume 18. Number 1, 2018 - 219 220 - Susiknan Azhari Abstract: This article is an attempt at tracing several points of view concerning the precise time of Fajr. The study suggests that different concepts of fajr in the world of Islam arose for two reasons: the Imamah Jibril hadith is too general in notion and the different ways in understanding the AughalasAy and AuisfarAy hadith without considering the conditioin and weather by the time the hadith was spoken. In addition, moslem astronomers focus on the empirical observation on the position of the sun and neglects the nas of the message. This, in turn, urges the truth claim. Keywords: Ghalas. Isfar, distance of zenith of the sun A IOE NN IECE E EO II ON EI AOI OEC EOC ECOCA:AIEAA A uIA:A O E uOE I IANOI EA IEEA OA IE uEEI I EIOA. AEEAA "A OEC IEEA EANI "EEAUAO uEII OE NO IANOI I E II EEIA A uA uOEA. AO"EA" EO OI EI OA E OEC II CE OC EOA A OE EI EAEE IEEIOI EO IEE EOO EO IOC EI OONIEOIAUAEEA A O EO IEE ECOCAUA N ONA. AEEA A IEA IO O EIAUA uAAUA EA:AeI IEAOA AHKAM - Volume 18. Number 1, 2018 15408/ajis. Tracing the Concept of Fajr in the Islam Mosaic and Modern Science - 221 Introduction In the Islamic astronomy study, determining the beginning of praying time is somewhat neglected. A research conducted by the writer reveals that the most popular Islamic atronomy study is the beginning of the month in lunar year instead of that of praying time. It is quite understandable since the issue concerns when the fasting month (Ramada. Syawal and Zulhijah begin whereas praying time, no doubt, is considered final. The existance of praying time schedule in islam community proves the idea. The moslemAos belief in the start of praying time began to shake as Syaikh Mamduh Farhan al-Buhairi wrote an article entitled AuSalah Kaprah Waktu SubuhAy (The Misconception of the Fajr-Praying Tim. published in a series in a magazine Qiblati (Syaikh Mamduh al-Buhairi, 2010. Susiknan Azhari, 2012:. The situation pushed moslem to hold discussions on the issue to review the accepted fajr-praying time. Based on the writerAos file. Hanafi S. Djamari had written an article entitled AuMenelaah Kembali Awal Shalat SubuhAy (Reviewing the fajrpraying tim. published in Republika newspaper of May 21, 1999 before Syaikh Mamduh did. Hanafi, in his article, suggested a review on the concept of the distance of zenith of the sun at dawn. He claimed that Ae180 was relevant in recent time (Susiknan Azhari, 2012:. Unfortunately, moslem did not respond accordingly. Study on the concept of fajr had actually been conducted by some previous researchers who focused more on normative aspects which makes review on the concept is relevant. The review has to relate with the message of nas to both the geography and the weather as the hadith was conveyed. It has an important value as syarAoi and science-based dawn is the target solusion. Praying Schedule in History There are some verses in the holy Quran discussing praying time. QS. An-NisaAo verse 103. QS. Al-IsraAo verse 78. QS. Taha verse 130, and QS. Hud verse 114 in addition to a number of hadith from the prophet saw. A study by Jalaluddin al-Khanji informed us that, in Kutubut TisAoah, as many as 543 hadith discussing praying time are on the list. The hadith are composed of 77 hadith from Sahih al-Bukhari, 15408/ajis. AHKAM - Volume 18. Number 1, 2018 222 - Susiknan Azhari 73 hadith from Sahih Muslim, 35 hadith from Sunan At-Tirmidzi, 131 hadith from Sunan an-Nasai, 45 hadith from Sunan Abu Daud, 40 hadith from Sunan Ibnu Majah, 30 hadith from Sunan ad-Darimi, 28 hadith from al-MuwattaAo Imam Malik, and 84 hadith from al-Musannif Ibn Abi Syaibah. Of the mentioned hadith, when assessing praying time. AuImamah JibrilAy is the most popular (Wahbah Az-Zuhaily, 1989:1:. From them, ulamas formulated praying time into five times: Zuhur. Asar. Magrib. Isyak, and Subuh. At the beginning of Islam, determining praying time was merely the task of muadzin who had to look at the position of the sun every time they were about to pray. When the hints in the hadith were seen, the beginning of praying time was due. As time went by and interaction with other cultures particularly with Egypt, a nation with the tradition of observation compiled in the form of AuZijAy . table on astronom. , inspired them, moslem scientists started to arrange a schedule for praying time. David A. King, an Islamic astronomy manuscript researcher, as cited by Auni Muhammad al-Khasawanah, mentioned that Al-Khawarizmi was the first person who created praying time table and chose Baghdad as the standard of The table included the shadows of the sun at Zuhur time, at the beginning and end of Asar time written in Auhisab jumaliAy (Abajadun hawazu. (Auni Muhammad al-Khasawanah, 1999. David A. King, 1. In the 3rd H/9th AD century Ali bin Amajur improved al-KhawarizmiAos work and made it more complete. Abu Ali al-Marrakushi even added the angular time and Aurasdul qiblahAy. His model inspired other Islam astronomers who not only improved the table but they also involved arts in its appearance to create new-look models like the ones from Syria. Tunis, and Istanbul. History tells that ancient praying timetables presented as both a collective of data and an amazing art. Nowadays some tables are under province-based calculation, while others are under city-based calculation with time conversion for other Praying time schedule attached in the Ummul Qura. Egypt, and JAKIM of Malay calenders is a good example for the city-based And this is what happens with most IndonesianAos tables. AHKAM - Volume 18. Number 1, 2018 15408/ajis. Tracing the Concept of Fajr in the Islam Mosaic and Modern Science - 223 The Fajr: In the Islam Mosaic and Modern Science As stated in the holy Quran and hadith, praying time coincides with the position of the sun in the sky. Therefore, when determining the time, the most important astronomical data . is the position of the sun, in particular, its height . or distance of zenith . uAodu assumt. Zm = 90o Ae h. Morning twilight, sunrise, culmination, sunset, and evening twilight are closely related to the distance of zenith of the sun (Moedji Raharto, 2002:. Zuhur prayer begins when the whole solar disc has left meridian, about 2 minutes after at noon (Mohammad Ilyas, 1. At top culmination, the center of the solar disc is at the meridian. However, for practical reason, median time is the middle time between sunrise and sunset. Asar praying time has been a subject of difference in fiqih literatures because the phenomenon on which the calculation is based is unclear. In the above hadith, the prophet saw. , was led to pray asar by angel Gabriel when the length of a shadow was the same as its objectAos height. Gabriel led prophet saw. the following day, however, when the length of the shadow was double. Although it can be concluded that asar time begins when the length of the shadow is the same as the height of its object, some different interpretations occur since the phenomenon is dependent upon seasons or yearly positions of the sun. In winter, the same occurance may or may not be reached at Zuhur time since the shadow will always be longer than its height. The idea of considering the length of shadow at Zuhur time or twice the height of the object . n some European countrie. is meant to anticipate the shadowAos length in winter (Depag RI, 1997:. The other takes Asar time as precisely in the middle between Zuhur and Magrib times regardless the distance of zenith of the sun as mentioned in the holy Quran QS Al-Baqarah verse 238 as-Salati al-Wusta . raying is in the middl. Some interpreters interprate it as Asar prayer. Based on this interpretation. Asar time is earlier than that in the existing 15408/ajis. AHKAM - Volume 18. Number 1, 2018 224 - Susiknan Azhari Magrib time in islamic astronomy means the sunset . , where the whole solar disc cannot be observed by the viewer. The diameter of the solar disc is 32 arc minutes, half of it, 16 arc minutes. Besides, there is a refraction . nkisar al-Jaww. of light near the horizon, causing the sun looks higher than it actually is, which is assumed as 34 arc minutes. Correction of pseudodiameter . ishfu al-Quth. of the sun and the refraction against the zenith distance of the sun when arising as well as setting is 50 arc minutes. Therefore, sunrise and sunset, astronomically, are defined as the zenith distance of the sun reaches Zm = 90o50Ao. The definition goes well at sea level or at a place where the zenith distance of the sun is Zm =91 degree when the level of horizon is included due to the observerAos position 30 meters above sea level. In addition. Magrib time is two minutes after the sun sets since praying at sunset, sunrise, and top culmination is forbidden. Isyak time begins when the western sky turns to reddish in colour . sy-Syafaq al-Ahma. showing the beginning of the dark night (QS. Al-IsraAo verse . This phenomenon is known as astronomical twilight. At this time the sun is 18o below the west horizon or the zenith distance reaches 1080 (SaadoeAoddin Jambek, 1974:. Meanwhile, in the fiqih literature most ulamas agree that subuh prayer begins at true dawn and ends at sunrise . in tuluAoi al-fajri assadiq ila tuluAoi asy-syam. In practice, the concept of true dawn draws AHKAM - Volume 18. Number 1, 2018 15408/ajis. Tracing the Concept of Fajr in the Islam Mosaic and Modern Science - 225 different opinions. In one occasion the fellow men were unable to recognize one another as they finished praying Subuh. It indicated that it was too dark to see clearly . In another occasion, however, recognizing otherAos faces was possible which indicated the presence of sun light . Relating these occasions with Imamah Jibril hadith, we can easily understand that Imamah Jibril hadith is Aoam while ghalas and isfar are special in nature. To cope with the problems. AoAm alMakhsus or AoAm Yuradu Bihi al-Khusus theories may be applied in spite of potential implication occurance. The 5-time prayer a day was given after the prophetAos IsraAo and MiAoraj in 621 AD. Through the event and verses on prayers in the holy Quran, it can be infered that Subuh prayer had been ordered during Mecca era. Mecca is at 21o25AoNL and 39o49AoEL. Surrounded by mountains. Mecca was a narrow valley with a very special building called Kakbah in the center. In the past, flood was a serius threat in raining season. The town has two seasons. winter from September to March reaching the coldest from December to February and summer from April with its peak in August. The temperature reaches as high as 550 C accompanied with hot wind in the day time. It is already bright after praying Subuh in summer, which contradicts that in winter. It indicates that ghalas occurs in winter and isfar in summer. The outlook is supported by Subuh praying timetable issued by Ummul Qurra calender as follows: Table 1. Mecca Praying Time Table in Winter and in Summer Winter Summer Month Time Month Time September 45 Ae 4. April 55 Ae 4. October 54 Ae 5. May 27 Ae 4. November 05 Ae 5. June 09 Ae 4. Decenber 19 Ae 5. July 12 Ae 4. January 25 Ae 5. August 29 Ae 4. February 38 Ae 5. March 21 Ae 4. (Source: Taqwim Ummul Qurr. 15408/ajis. AHKAM - Volume 18. Number 1, 2018 226 - Susiknan Azhari In the perpective of islamic astronomy the position of the sun at dawn is somewhat a problem. True fajr in the astronomy . alak ilm. is believed as astronomical twilight where light starts to be seen in the East horizon just before the sun rises at 18o below the horizon . enith distance of the sun = 1. This is followed by at-TabatabaAoi (AtTabatabaAoi, tt. II:. Mohammad Ilyas (Ilyas, 1984:144 Ae . Salih Muhammad al-Ujairy. Muhammad Ahmad Sulaiman. Muslim World League, and University of Science Karachi. Another opinion says that true fajr begins when the sun is 19o or 20o below horizon or the zenith distance of the sun is 109o or 110o. The theory is supported by Ummul Qurra Committee and Al-Marrakushi . 660 H/1261AD). Table 2. The Angular height of the sun at Subuh and Isyak time by Several Organizations Organizations Countries of origin Depresion angle of the sun Subuh Isyak Egyption General Authority of Survey (Mesi. Afrika. Syria. Irak. Lebanon -19,50 -17,50 Islamic Society of North America (ISNA) Canada, part of America Muslim World League Europe. Far East. Part of the United States Islamic University of Karachi Pakistan. Bangladesh. India. Afghanistan, and part of Europe Taqwim Um`mul Quro (Saudi Arabi. Arabian Peninsula 90 minutes Syekh Taher Jalaluddin Indonesia. Singapore. Malaysia, and Brunai Darussalam AHKAM - Volume 18. Number 1, 2018 15408/ajis. Tracing the Concept of Fajr in the Islam Mosaic and Modern Science - 227 Table 3. The Zenith Distance of the Sun at Subuh and Isyak Astronomers Isyak Subuh Abu Raihan al-Biruni Al-Qaini Ibnu Yunus. Al-Khalili. Ibn Syatir. Tusi. Mardeni. Al-Muwaqqit di Syiria. Magrib. Mesir, dan Turkey Habash. Muadh. Ibn Haithim Al-Marrakushi. Tunis, dan Yaman Abu Abdullah al-Sayyid al-Moeti Abu Abdullah ibn Ibrahim ibn Riqam Chagmini. Barjandi. Kamili The tables and other literatures reveal that the beginning of Subuh time is when the sun is 18o high in the East horizon or when the zenith distance is 108o (Ayyad, 1988:75 Ae . In Indonesia in the 2000s, most people or the majority take Subuh time when the sun is 20o below the true horizon like what is stated by the well-known Indonesian astronomer SaadoeAoddin Djambek, the so-called mujaddid al-hisab . he hisab thought revolusine. of Indonesia. He stated that Subuh time began as the sunlight was seen below horizon in the East and ended as it rose. His opinion refers to astronomy that defines morning twilight as the position of the sun 20o below the horizon in the East. Another expert Abdur Rachim said that Subuh time was signaled by true dawn where the sun was 20o below the horizon meaning the zenith distance of the sun was 110o . ead Rachim, 1983:3. and was ended at Syuruq . -01o. The two expertsAo thought seems to be influenced by Syaikh Taher Djalaluddin Azhari who wrote AuNakhbatu at-Taqrirati fi Hisabi al-AuqatiAy. Syaikh Taher mentioned that Subuh time started when the sun was at 20o below east horizon. The theories mentioned above when being utilized result in different timetable. See the following table. 15408/ajis. AHKAM - Volume 18. Number 1, 2018 228 - Susiknan Azhari Table 4. Praying Timetable of December 1, 2017 According to Current Theories for Jakarta DATA/THEORI BEING UTILIZED Karachi ISNA MWL U Qurra Egyptian Ministry of Religion (Indonesi. ISRN Zuhur Asar Magrib Isyak Subuh The table shows 30 minutes difference between the earliest Subuh time 04 (Ministry of Religo. and the latest 04. 34 (ISRN). The difference in determining the position of the sun during true fajr lures experts to conduct researches. A doctor candidate at Kulliyatul AoUlum (Faculty of Scienc. Al-Azhar University Kairo-Egypt 1407H/1988 AD Nabil Yusuf Hasanain wrote his dissertation entitled Dirasah al-Syafaq litahqiq Auqat as-Salah wa ruAoyati al-Hilal. In it he concluded Subuh time began as the sun reached -14. 5o in average. Unfortunately his thesis is unreliable academically since it had never been examined due to his death before examination. For the sake of science and tecnology. Madinah alMalik Abdul Aziz together with 7 scientists went to a remote area, about 150 kms from Riyadh, for the whole year . 6 H/2005 AD) to conduct a research. The conclusion suggests that true dawn is at-14. 6o (Syaikh Mamduh Farhan al-Buhairi, 2010:217-. Khalid Shawkat participated by going to six countries . he US. Pakistan, the UK. Caribia. Australia, and New Zealan. and concluded that the angular time of fajr is between -13. 5o and -14o. With little factor safety 1o to 1. 5o, it became -15o. This theory is then adopted by Islamic Sociaty North America (ISNA) in determining the angle of the sun in relation with the beginning of Subuh and Isyak times (Syaikh Mamduh Farhan al-Buhairi, 2010:216-. before it was changed to -18o. Abed Alqader Aabid and Hani Dalee also did a study in Jordan and concluded -16. 5o was the fajr angular time. In Iran on February 17, 2008, true fajr was reported at 04:56:57 local time with the sun at -18o as recorded in the CCD. It coincides with AHKAM - Volume 18. Number 1, 2018 15408/ajis. Tracing the Concept of Fajr in the Islam Mosaic and Modern Science - 229 the study by Abdul Haq (-18. and Nihayatur Rohmah (-18. From early April of 2013 till today, a discussion on angular true fajr occurs through a mailing list of the member of Islamic CrescentAo Observation Project (ICOP). The discussion was stimulated by the statement of Sani Mustafa, a member of ICOP from Nigeria. Sani Mustafa cited al-GhazaliAos opinion in his book IhyaAo Ulumuddin . , vol. 1:227. Al-Ghazali wrote Audawn occurred when the moon rose on the 26/27 of each month in lunar calenderAy. In the discussion, the majority deny the authenticity of alGhazaliAos statement. According to Usman Dukku neither al-Quran nor as-Sunnah determins dawn based on a certain date. Despite the denial from the majority. Sani Mustafa insists on studying al-GhazaliAos opinion comprehensively by putting syarAoi and science aspects into Al-Ghazali admited that his father had spent years observing dawn. Apart from the pros and cons, the study on dawn involving a number of parties, particularly in Indonesia, is still relevant. When making subuh praying timetable, most Islam countries employs an idea the sun is at -18 degree high with the exception of Indonesia. Malaysia. Singapore, and Brunei Darussalam that use -20 Look at the following table. Table 5. Praying Timetable in Several Countries on November 12, 2017 Country Subuh Dawn Zuhur Asar Magrib Isyak Indonesia Singapore Malaysia Brunai Quwait Saudi Qatar Bahrain UEA Iraq Iran (Source: adapted from various media and personal dat. 15408/ajis. AHKAM - Volume 18. Number 1, 2018 230 - Susiknan Azhari Conclusion It can be summarized that different concept of fajr in the world of Islam arises for two reasons. Imamah Jibril hadith is considered too general in nature. Another reason is the existance of different interpretation on AughalasAy and AuisfarAy hadith due to the absence of reconstruction of the condition and weather in place of speaking. addition, when interpreting the concept, moslem astronomers focus on the position of the sun. It is, therefore, time to study the beginning of subuh praying time by applying interdisciplinary approach to meet the demand from syarAoi and modern science to reach a more valid and trustworthy result. In responding the polemic of on the beginning of dawn, it is good to consider what Syaikh Ridha Ahmad Shamadi alTailandi said. AuAA. man kind is not supposed to hurry blaming what experts are working on and are looking for the right answers. What he has to do is studying, discussing, and filtering it thoroughly to give the best result that does not provoke chaos in the moslem society. Ay[] Reference