Validity of Rukyat Results Without Oath: Review of Fiqh and Procedural Law on The Practice of Isbat Session 1 Ramadan 1446 H

Abstract

This article discusses the legal problems of the testimony of the unsworn rukyat hilal in the determination of the beginning of the month of Ramadan 1446 H, with a focus on cases in Aceh in 2025. Although reports of the sighting of the new moon in Lhoknga, Aceh Besar, were submitted by experienced witnesses and supported by visual documentation, the validity of his testimony was questioned because the oath was not taken as it should have been. In the context of procedural law, testimony without oath raises a debate about the power of proof. On the other hand, existing regulations have not explicitly regulated the legal consequences of such testimony in the isbat session forum. This paper examines the technical regulations of rukyat procedures, the principles of civil procedure law and religious courts, as well as the absolute and relative authority of the Syar'iyah Court. Case studies show that there is a tension between the results of the national hisab that reject the possibility of the new moon being visible and the local rukyat report that actually states that the new moon is visible. Systemic improvements are needed to the procedures for isbat hearings, strengthening regulations related to testimony, and epistemological harmonization between hisab and rukyat to realize legal certainty and maintain the integrity of the determination of the national hijri calendar.