Court reviews law on determining start and end of Ramadan

Indonesia's Constitutional Court is reviewing a challenge to the Religious Courts Law that impacts the determination of Ramadan and Shawwal, the start and end of the fasting month and the Eid al-Fitr holiday. The case questions articles that empower the Minister of Religious Affairs to officially decree these dates based on moon sighting testimonies (rukyat hilal).

The judicial review was filed by three members of Muhammadiyah, a prominent Islamic organization, who adhere to the astronomical calculation method (hisab) for determining Islamic calendar dates. They argue that Article 52A and its explanation in the law, which mandates the Religious Courts to validate moon sighting evidence, grant official state recognition and national precedence to the rukyat hilal method.

According to the petitioners, this official endorsement of moon sighting leads to discriminatory treatment and a lack of legal certainty for those who follow the hisab method. They contend that the law's explanation, which focuses specifically on Ramadan and Shawwal, unnecessarily narrows the scope and adds new provisions not present in the main articles, as the Islamic year consists of 12 months.

The petitioners believe the current legal framework elevates the rukyat hilal method above hisab, creating a disparity in how different Islamic calculation methods are recognized by the state. This, they argue, infringes upon their constitutional rights and religious freedom by not affording equal legal standing to their chosen method of determining key religious observances.