Analysis of Factors Affect the Differences of the Determination of Fajr Ṣādiq and Its Relevance to the Basic Principles of Sharia

ABSTRACT


INTRODUCTION
Prayer is an obligatory worship based on the Qur'an, sunnah and ijmā' of the scholars (Al-Maqdisī, 1986).Prayer should not be abandoned under any circumstances, even if the conditions of prayer cannot be fulfilled because of excuses, such as the absence of water for wuḍū', dust for tayammum, vagueness of qibla direction or do not have a cloth to cover the aurah, prayer must still be done (Al-Nawawī, 2010) and should not leave it (not done) until it comes out of the appointed times.Allah  "Indeed, prayer has been decreed upon the believers a decree of specified times."Anyone who wants to pray must be sure that the time has come.If a person is in doubt concerning the prayers, it is not permissible to do so until they are certain (Al-Maqdisī, 1986).Al-Syafi'i (1990)  "...And whoever does it before the last dawn is clear, he repeats his prayer when he first believes it until the end of his prayer at the galas (late night darkness mixed with morning light)." The calculation of science of falak about prayer times and the determination of qibla direction scientifically provides convenience for Muslims in worship (Bashori, 2015) without hesitation or have to make direct observations of the signs of the causality (nature).The schedule of prayer that is determined based on the science of falak, according to the scholars, can be used by the muezzins to know the beginning of prayer time (Al-Daimah, 2017).Nevertheless, the appearance of prayer schedules in diverse communities still continues to reap polemics until now even though the issue has actually emerged for a long time.The root cause is complicated to understand because the schedules are compiled by experts of science of falak who are not in doubt professionalism and credibility.Ironically, the scholars who actually present a solution to the problem, precisely inseparable from dissent (Mustaqim, 2020).
The above argument hints at the importance of a deeper study of the causes of the emergence of such prolonged polemics with appropriate analytical methods.Although research on the beginning of fajr time has been widely done (Ardi, 2020;Herdiwijaya, 2017;Kurniawan & Riyadi, 2021;Rakhmadi, Setiawan, & Raisal, 2020), both scientifically and based on the perspective of sharia, there has been no more specific research examining the determination of the early appearance of fajr ṣādiq as a marker of the entry of the fajr prayer time based on the basic principles of sharia.
Asyisya (2017), focused his research on sharia's naṣ and the interpretation of scholars in strengthening the prayer schedule that has been used so far in various Muslimpopulated countries, especially in Morocco, as a rebuttal to the arguments of contemporary researchers and scholars who oppose the schedule and reveal things that are considered as their misunderstandings.This research essentially reinforces previous studies conducted by Ibrahim ibn Muhammad al-Subaihy that more specifically support the schedule that has been in force in Saudi Arabia using linguistic and syar'i approaches, then refuted by al-Ainain (2010) in his paper entitled al-Fā'iq fi Bayāni al-Fajr al-Ṣādiq and al-Khaṣlān (2016) on his personal website.Smith (2019a) in Yemen, examined this polemic with a syar'i approach, in addition to describing the opinions of scholars both pro and counter to the existing schedule, he reinforced the views of each side by citing the interpretation of fascists so that his study seemed more broad.Saktono (2017), Chairman of The Islamic Science Research Network (ISRN) at Muhammadiyah University of Prof. Dr. Hamka (UHAMKA), a research center on the integration of Islamic science, examined the beginning of fajr with a scientific approach.He found that none of the scientific data indicated fajr on the criteria -20 o .The results of this study then became one of the data sources used by Muhammadiyah in the initial decision at dawn with the criteria -18 o in 2021 (Muhammadiyah, 2021).
Furthermore, Herdiwijaya (2017), one of Muhammadiyah's Astronomy Experts, examined the beginning of fajr by using a light intensity meter called a photometer to measure the brightness of the sky.This study is purely with a scientific approach with the conclusion that the angle of elevation of the sun -18 o has not indicated a change in the brightness of the sky, and only began to occur at the angle of elevation -17 o and gives the conclusion that on this criterion is the beginning of the dawn of dawn.Kassim Bahali et al. examined the accuracy of the criteria of -20 o sun elevation at the beginning of dawn time embraced by the Ministry of Religious Affairs of Malaysia from February 2017 to September 2018 in three countries namely Malaysia, Indonesia and Thailand.Using a scientific approach, he found that the average value of fajr emergence based on observations in the three countries was on the criteria of -17.15 o or about 9 to 12 minutes after fajr prayer in Malaysia and Indonesia (Bahali, Samian, Muslim, & Hamid, 2019).Futhermore, Zuhri (2017), with an astronomical approach, examined the cause of the difference in the determination of criteria -20 o at the beginning of fajr with -18 o at the beginning of the prayer time Ishaa which according to the results of his research should be the same two -18 o .Two years later, Niri et al. (2019) in Malaysia also examined the criteria of -20 o at the beginning of dawn set by the Malaysian government using an astronomical approach, finding that the misrepresentation of the criteria because the determination was purely from theoretical astronomical observations regardless of the factors that influenced the observation results such as changes in the briness of the sky, and could not be proven by the naked eye.
From some of the results of the above research, found the difference with this study is located in the knife sharper analysis of the root cause of differences in argumentation in the determination of the beginning of the time of Fajr Prayer both from the aspect of science and syar'i to its relevance to the basic principles of Shariah.Therefore, this study was conducted with the aim of: (1) analyzing the factors that cause differences in the determination of the beginning of Fajr Prayer time; (2) analyze the relevance of the determination of ṣādiq dawn as the beginning of Fajr Prayer time with the perspective of the basic principles of Islamic law.Hopefully this study can provide a contribution in the form of recommendations in determining the angle of the fajr ṣādiq time as an effort to overcome the polemic that occurs in the community regarding prayer time schedules.

METHODS
This research is qualitative descriptive research using library research method with normative of sharia and philosophical approaches (Creswell & Creswell, 2017).The source of data is obtained from classical and contemporary literature of scholars from various groups of fileds such as Qur'anic interpretations (tafsir), hadiths, jurisprudence and fiqh, the results of scientific research related to the beginning of the fajr ṣādiq, scientific journals and online media.
The data obtained is then analyzed and induced through the inductive method into an essential but universal and then concluded as the basic principles of sharia.These principles are used to analyze differences in determining the start of the fajar ṣādiq.Inductive methods and reasoning are considered appropriate as the methods used in this study because these methods make it easier for researchers to think and reason concepts in drawing conclusions from observations of particular things into general or universal symptoms (Mustofa, 2016;Rapar, 1995).Smith (2019b) classified this polemic into two groups, namely groups that are pro against the schedule that applies in some countries that are claimed to be jumhur groups, and groups that are cons as al-'aqalliyyah or minority groups.If observed further, it will be found that the criteria for fajr ṣādiq based on the jumhūr version such as Saudi Arabia, Egypt, Jordan, United Arab Emirates, Morocco, Libya, Yemen, Iraq, and others, are between -18 o to -20 o , whereas minority parties are the ones who set it on the criteria of higher elevation than that.
The pro-taqwīm (prayer schedule) version of Ummul Qura sets the angle of the sun's elevation at -18o which then changes to -19 o (Niri et al., 2019;Saktono, 2017), among them was determined by astronomer, Ahmad Nur, in 1395 H.This decree was strengthened by several major scholars in Saudi Arabia such as Abdul Azīz bin Bāz, Ṣālih bin Fauzān al-Fauzān and Abdul Azīz bin Abdullah Alu Syaikh through a fatwa based on the observations of the fajr monitoring team in Riyadh.While the counter-parties, reinforced by Sa'ad bin Turkī al-Khaṣlān and others who argue that most of the taqwīm in the Islamic world, among them taqwīm of Ummul Qura, have problems in determining the beginning of the dawn prayer time by making the horizon of astronomy as a sign of the beginning of the dawn prayer time, where the astronomical horizon is the dawn of kāżib that has been prompted by the Prophet so as not to be fooled by it (Audah, 2010).
Among the scholars who describe the argumentative defense against taqwīm of Ummul Qura is al-Syinqīṭī (2021) who reasoned that distinguishing between the dawn of ṣādiq and the dawn of kāżib was a complex issue for many.The distance between the adhaan and al-tabayyun (the dawn is clear) is very close, only about the duration of one's drinking.As for the middle of Medina, the beginning of dawn can not be seen.This argument is reinforced by quoting hadith 'Aisha narrated by Bukhari and Muslims about the Prophet's prayer at the galas (end of night, early dawn) which ends when the women can not be recognized because of the darkness of galas.Furthermore, he said that if the Prophet prayed after dawn, performed the sunnah prayer and lay down briefly on his right side, then Bilāl recited iqāmah and woke him up by reading between 60 to 100 verses in prayer, but it turned out that after prayer, the women could not be identified, should it be considered that the prayer schedule is only lāgiyah (vain)?(al-Syinqītī, 2021).
According to al-Subaihi (2007), taqwīm of Ummul Qura has been practiced since decades ago and strengthened by the fatwas of the scholars and evidenced by the research of some falak's experts such as Salih bin Muhammad al-Ujairi in Kuwait and Abdullah Muhammad al-Khudhairi.In addition, al-Subaihi (2007) also accused the opposing party of having erred in defining the fajr ṣādiq that is standard in observation.The allegations were confirmed by Audah (2010) and Ashisya (2017), that contemporary groups consider the canceled prayers performed before the horizon turns yellow, and that what is meant by the fajr ṣādiq is the light that spreads in the streets, in houses and on mountain peaks.
The argument was later refuted by al-Khaṣlān (2016) that the main purpose of writing al-Subaihi's book was only as a form of defense against taqwīm of Ummul Qura, but he regretted the author who had never made dawn observations even once, so according to him, it became a huge deficiency for the author.According to him, it is not wise for a person to make a book on a problem that he has never touched scientifically at all (Al-Khaṣlān, 2016).
In addition to al-Khaṣlān, al-Ainain (2010) also refuted al-Subaihi's argument by quoting Abdul Muhsin al-Ubaikan's confession, that after he explained the accuracy of the team's observations recommended by the jumhūr to Abdul Azīz bin Bāz, he requested that Abdul Azīz bin Bāz as a cleric, mandate the team to conduct joint observations , previously, Abdul Azīz bin Bāz agreed to the request but the team in charge refused.According to Abd al-Muhsin al-Ubaikan, as narrated by Ahmad al-Ainain, it is evidence of a lack of spirit to correct mistakes (Al-Ainain, 2010).Abd al-Muhsin al-Ubaikan admitted to having made several dawn observations with several scholars and a falak expert in the city of Malik Abdul Aziz for twenty years outside the city of Riyadh and found that the fajr ṣādiq only appeared about 30 minutes after the adhan was recited (Smith, 2019a).
As for Egypt, Dār al-Iftā' or The Fatwa Institute of Egypt officially issued a fajr prayer schedule with the elevation of the sun at -19.5 o that is at the time of Abd al-Majid Sulaim based on a question about the validity of the results of the calculation of the early dawn by British astronomers on December 20, 1935, which was then justified and confirmed as the beginning of the dawn prayer time and the official fast which was killed by Dār al-Iftā' and issued by the Egyptian Government in the Decree no.827 of 1975 was later revised by Decree no.328 of 1983 (Bashori, 2011;Smith, 2019b).
Among the opposing parties to the taqwīm of Dār al-Iftā' are Ahmad Shakir and Abd al-Malik al-Kulaib.In 1981, Abd al-Malik al-Kulaib based on the results of his research proved that the dawn of ṣādiq appeared on the criteria of the elevation of the sun -17 o to -18 o under the horizon, and argued that the prayer performed based on the taqwīm is null and void (Smith, 2019b).Dār al-Iftā' at the time of Jad al-Haq Ali Jad al-Haq then issued fatwa no.311 of 21/11/ 1981 as a rebuttal to Abd al-Malik al-Kulaib that his remarks were not based on valid evidence so that his opinion was not taken into account.This fatwa was affirmed by falak scholars and scholars such as Muhammad Sayyid Ṭanṭāwi and some falakiyah experts at al-Qahirah University (Smith, 2019b).
One and a half months after the fatwa was issued,  (Smith, 2019b).This polemic does not stop there but still continues to this day.The last fatwa issued by Dār al-Iftā' regarding doubts about taqwīm was in 2017 (Majmū' Min al-Mu'alliffīn, 2010).
This polemic also penetrated into western countries inhabited by Muslim minorities.Islamic Society of North America (ISNA) considers that prayer times are even much earlier between 20 minutes to 25 minutes before dawn (Al- 'Adwī, 2009).In 2011, ISNA set a new criteria for the beginning of dawn prayer time of -17.5o according to the direction of Markaz al-Falak al-Daulī in the Emirate that the dawn of ṣādiq appears at the elevation of the sun -18 o below the horizon (Center, 2012).This raised questions because the determination is not based on observation data in the local country.
The ISNA criteria are almost the same as the research of Dhani Herdiwijaya, one of Muhammadiyah's Astronomy Experts in Indonesia in 2017, who found that the elevation of the sun at the beginning of dawn is -17 o (Herdiwijaya, 2017).Previously it was claimed by Agus Hasan Bashori that the nature of the elevation of dawn is -14 o and -15 o (Bashori, 2011).According to him, in Indonesia, around 1975, Sa'duddīn Jambek set the criteria of -20 o for the beginning of dawn prayers in Indonesia for reasons of prudence in fasting (A.H. Bashori, 2011).
In 2021, Muhammadiyah set the criteria of -18 o for fajr prayers at the Plenary Session IV of the Muhammadiyah Tarjih Deliberation on the grounds that the majority of the height of the sun at dawn based on the results of analysis of 750 observation data in various regions of the world is between -18.4 o to -17 o and based on the agreement of some astronomers (Muhammadiyah, 2021).The criteria set by Muhammadiyah actually reinforce what was previously embraced by Thomas Djamaluddin (Rizalludin, 2018) and Muhammad Syauqat Audah, Head of Markaz al-Falak al-Daulī in the Emirate (Audah, 2010).A month after that, precisely on April 20, 2021, the Falakiah Institute of Nahdlatul Ulama Executive Board in Jakarta, strengthened the government's version schedule by officially releasing a study on the beginning of dawn prayer times in Indonesia that the criteria -20 o is accurate and scientific based on the results of the latest observations in Indonesia with a variety of instruments (Falakiah, 2021).

Differences in Interpretation of Terms in Naṣ
The scholars have agreed that the beginning of the entry of the dawn prayer time is marked by the dawn (Al-Nawawī, 2010).In the Shari'a naṣ, there are several terms related to the time of dawn prayer that is the root cause of differences in interpretation among scholars and scholars of falak, until there is an opinion that the dawn prayer is done at its own time, not at night, nor at day, even some consider it as part of the night prayer (Al-Nawawī, 2010).Some of these terms are as follows.

fajr
Linguistically, the word "fajr" means "the light of dawn; i.e. the reddish light of the sun in the dark of the night," (Manẓūr, 2010) or al-fajru fī ākhiri al-lail ka al-syafaq fi awwalihi (dawn at the end of the night like syafak at the beginning of the night).According to Ahmadi al-Adwi, it is termed dawn because of infijārihi (it radiates) (Al- 'Adwī, 2009).Fajr or fajr ṣādiq as a sign of the beginning of the entry of the dawn prayer time has been defined by the Prophet (s) in his words (Al-Albānī, 2010) Jumhūr ulamā (the majority of scholars) defines the fajr ṣādiq as white light stretching and spreading over the horizon (Rusyd, 2005).Some terms such as al -istiṭārah, al-istiṭālah, al-suṭu',al-intisyār and al-i'tirāḍ, according to Smith (2019b), all refer to the same meaning.Some describe it as a white light that stretches red and scattered, as defined by al-Alawi (2012).This definition is affirmed by Asyiya (2017) that the beginning of the appearance of fajr ṣādiq is white and then mixed with red, according to him, it has been agreed between scholars and falak experts.Another opinion says that the dawn is a red dawn that appears after white dawn as the color of twilight red.This view is narrated from Hudzaifah and Ibn Mas'ud but is considered syaż (strange) by Rusyd (2005) because it contradicts with mentioned in Quran surah al-Baqarah verse 186 about al-khaiṭu alabyaḍ (white thread) as the limit of the end of saḥūr meal time.
Some scholars assume that the character of dawn ṣādiq is something that is clearly visible, while others consider it as something vague or difficult to observed.Muflih (1997) defines the dawn of ṣādiq with the white light of muntasyiran, fasyian, ẓāhiran or stretched, spreading and clear.In addition to being clear, according to Syāfi'ī (1990), it must also be believed.In contrast to Asyisya (2017) who assumes that the beginning of the fajr ṣādiq is sometimes difficult to observed except for people who have a sharp visibility or by using tools.Therefore, dawn is termed al-khaiṭu (thread) because it is so smooth, what else with the current conditions with thick air pollution, dust, and the ubiquitous spread of light.At the beginning of the dawn this is, for the person who will fast it is obligatory for him to be the one who thinks it is the opinion of jumhur ulama and has been practiced all the time (Asyisya, 2017).
From the aspect of the definition of fajr, the pro taqwīm party that has been practiced so far accuses the opposing party has misunderstood the meaning of fajr, because it assumes that the nature of the fajr in question is what is defined by a group that mentioned by al-Thabari when commenting on the word al-tabayyun as the deadline for eating saḥūr, namely: ‫البيوت‬ ‫و‬ ‫قات‬ ‫الطر‬ ‫يف‬ ‫وتبينه‬ ‫الفجر‬ ‫طلوع‬ ‫بعد‬ ‫ذلك‬

Meaning:
"That what is meant is the rising of dawn and its appearance in the streets and in houses."(Al-Subaihī, 2007).
According to Abu al-Barakat Kamal Asyisya, this definition is the root of the deviation of contemporary scholars who are opposed to the existing schedule (Asyisya, 2017), Ibrahim al-Subaihy previously attributed its relevance to the interpretation of the opposing parties such as Taqiyuddin al-Hilaly, Sulaiman al-Tsunayyan, Muhammad Rasyid Ridha and Muhammad Nasiruddin al-Albani in uncovering their mistakes (Al-Subaihī, 2007).
Saad bin Turky al-Khaṣlān considers Ibrahim al-Subaihy's argument above to be very subjective on the grounds that if such a definition of fajr is embraced by the current observation team, then research and observations outside riyadh for 150 kilometers do not need to be done, just in the middle of the city and do not need to prepare a camera with high resolution (Al-Khaṣlān, 2016).
The issue of dawn interpretation also reaps contradictions among researchers and astronomers in Indonesia.According to Dhani Herdiwijaya, the appearance of the physic of dawn (twilight) is not easy to see and feel by the five senses as the phenomenon of sunrise or sunset (Herdiwijaya, 2017).This opinion is similar to the definition embraced by the Nahdlatul Ulama Falakiyah Institute which is carved from the opinion of al-Zamakhsyari, al-Razi and others that the sadic dawn is a light other than the dawn of kāzib that has appeared on the eastern horizon but is still faint and white (Falakiah, 2021).Djamaluddin (2017) argues that for those who consider that fajr ṣādiq is not an astronomical dawn because it should be a brighter dawn, with a difference of about 24 minutes, it is only natural in the interpretation of ijtihadiyah.According to Agus Hasan Bashori, this opinion can be a reason for confusion in understanding the fajr ṣādiq because the timing of prayer is based on revelation, while the product of ijtihadiyah is the determination of how high the sun is under the horizon at fajr ṣādiq began to appear from an astronomical perspective (Bashori, 2011).

al-tabayyun
This term is mentioned in Quran Surah al-Baqarah verse 187 concerning the fajr ṣādiq.The pro taqwīm argues that the term of al-tabayyun in the verse signals a burden in seeking and observing the dawn, because in Arabic the form of the word "tafa'ala" means al-ṭalab (request) and al-takalluf, as during the meeting between the black thread and the white thread indicating the existence of the two at the same time and the possibility is sketchy.As a result, if the light of dawn has spread and is clear, then there is no more hajat to tabayyun from the disguise (Smith, 2019a).This is in contrast to the argument of Khan ( 2003), who said, ‫بعد‬ ‫إال‬ ‫وظهوره‬ ‫تبينه‬ ‫يتم‬ ‫ال‬ ‫فإنه‬ ‫يتضح؛‬ ‫حَّت‬ ‫ا‬ ‫فشيئا‬ ‫ا‬ ‫شيئا‬ ‫لكم‬ ‫يتبني‬ ‫أي:‬ ‫اضح،‬ ‫الو‬ ‫التبني‬ ‫إال‬ ‫يكفي‬ ‫ال‬ ‫أنه‬ ‫إلفادة‬ ‫التفعل،‬ ‫بلفظ‬ ‫فجاء‬ ‫ظهوره‬ ‫كمال‬

Meaning:
"The verse uses lafaz 'tafā'ul' to benefit that (the dawn) is not taken into account except what is clearly visible, that is, appear little by little until it is clear to you, indeed it is not perfect considered al-tabayyun unless after its appearance is perfect.

al-galas and al-isfār
According to Ibn Manzhur, the word galas which is a derivation of the masdar form taglīs means ẓalam fī akhīri al-lail izā ikhtalaṭa bi ḍaw'u al-sabāḥ (dark at the end of the night if it has mixed with the morning light) (Manẓūr, 2010).This definition is in common with the definition of al-Mubarak Furi, namely ikhtilāṭ dhiyā' al-subh bi ẓulmati al-lail (the mixing of the light of dawn with the darkness of the night) (Al-Mubarakfūrī, 2010).While Djamaluddin (2017) defines ẓalam fī akhīri al-lail as "dark at the end of the night".
According to Agus Hasan Bashori, defining the term of galas with "dark at the end of the night" or "dark" can not give a correct understanding, can not understand the meaning of the Messenger of Allah ṣallallāhu 'alaihi wa sallam, because galas is dark end of the night that has mixed with the light of the morning or white early in the day, as it is understood from other histories (Al-Nawawī, 2010; A. H. Bashori, 2011).
The prayer of the Prophet at the galas is not understood that he performs it before dawn, because the ruling of the origin of the shari'a (naṣ) is to strengthen each other and not contradict.Imam Bukhari and Muslim as narrated by al-Nawawī (2010) argues that the Prophet never prayed the fajr prayer before fajr, only that he always did it at the galas.Syāfi'ī (1983) commented on the meaning of al-isfār which is understood by some scholars as the best time to pray fajr prayer when the horizon has turned yellow, From some arguments of the experts and scholars related to the above terms, it is understood that there is a tendency of pro taqwīm parties to emphasize the definition of the beginning of prayer time in a dark atmosphere at the end of the night where the dawn is still difficult to detect by the five senses, although it is called that the fajr ṣadiq is white but still faint to observe, therefore it takes effort to be able to successfully see it.While the counter taqwīm is more likely to define the fajr ṣādiq with a white light or reddish that stretches across the horizon, mixed with the darkness of the night but can be easily and clearly recognized and detected by the five senses by anyone so that its appearance is not in doubt.

Principle of Maqāṣid al-Syarī'ah
Maqāṣid al-Syarī'ah (sharia wisdom) is understood based on the shari'a passages found in the groups of sharia laws such as theology, worship and mu'āmalah.The naṣ and laws are analyzed by istiqra'i (inductive) so that a similarity of sharia attention is found.In this matter, it is found that one of the maqāṣid al-syarī'ah that all forms of worship to God must be built on the foundation of belief.For example in the issue of theology, belief is the foundation of faith even though man is level in degrees according to the quality of his practice (Taimiyyah, 1996).
In the matter of mu'āmalah, it is prescribed clarity on each contract, so that all the blame that can cause doubt in it has been closed tightly by sharia unless only a few of them if it is seen as carrying a large maslaḥat, but it is tied to strict conditions, such as buying of salām (Azzam, 2022).
This maqāṣid seems to be increasingly observed in matters of worship, such as not being allowed to cancel prayers just because of something in doubt.Prohibition of fasting on yaum al-syak (questionable day) and the order to complete the number of months of Shakban to 30 days if the hilal is not seen in order to build the belief of fasting in Ramaḍān.
This maqāṣid in the determination of qibla direction as a condition of the validity of prayer is a very clear guide in this matter and worth noting.The Prophet avoids to detail the direction of qibla so that a Muslim, wherever he is, on land or at sea, can perform prayers without any hesitation and was-was because of the vagueness of the direction of qibla, whereas since long ago, the qibla of the Prophet's mosque was right towards the ka'bah until now.The Prophet said, Meaning: "Thus it becomes an obligation to establish a partial maqāṣid based on a comprehensive maqāṣid in implementing the specific evidences of the Qur'an, Sunnah, ijmā' and qiyās, as it is impossible for a partial maqāṣid regardless of the comprehensive maqāṣid.Whoever ignores the comprehensive naṣ and only adheres to the partial passage has made a mistake, and vice versa."Abd al-Wahaf Khallāf says that if there is a multi-interpretation or contradiction with the other, then maqāṣid al-syarī'ah is the determinant in compromising it or that will strengthen one of its interpretations.

Fiqh Rules
Some institutions and researchers make the worship of eating of saḥūr as the reason for setting the criteria of ihtiyāṭ (prudence) in the determination of the beginning of the time of Fajr Prayer.Concerns about the breaking of fasting if it turns out that eating of saḥūr after fajr can affect the accuracy of the beginning of the fajr prayer time.This issue is essentially a classic question that has long been discussed by fuqaha until a fiqh rule appears that reads, ‫أو‬ ‫ًبالحتمال‬ ‫اله‬ ‫بزو‬ ‫حيكم‬ ‫ال‬ ‫بيقني‬ ‫ثبوته‬ ‫عرف‬ ‫ما‬ " ‫مثله‬ ‫بيقني‬ ‫إال‬ ‫ال‬ ‫يز‬ ‫ال‬ " .

Meaning:
"What is known for certainty, not being punished vanishes because of uncertain possibilities," or in other words "Not obliterated except with the same conviction."Therefore, in the Syafi'i sect and others, eating saḥūr is still permissible until it is clear that fajr rises and the loss of doubt, as it is not permissible to break the fast except with confidence in the entry of the night time marked by the perfect setting of the sun (Muchtar, 2022).Even if a person is shown to eat of saḥūr after fajr because he doubts it before, according to the Syafi'i sect and others, his fast remains valid, based on the rule of "al-aṣlu baqā'u mā kāna 'alā mā kāna" which means that the original law is the fixedness of what is going on, in this case it is night time, until it is believed to be the entry of daylight hours.Ibn Nujaim mentions the example of the rule that is related to Abu Ḥanīfah that if a person eats saḥūr doubt of the fajr then the fast is valid, because the original law is the fixed night time, the obligation to make up only if the assumption is strong (galaba 'alā ẓannihi) that the fajr has actually risen but he still eats saḥūr.
If further observed, in relation to the time of fajr prayer, iḥtiyāṭ (prudence) in the implementation of dawn prayer is actually preferred over iḥtiyāṭ to eat of saḥūr.Mistakes made if without the element of deliberateness related to eating saḥūr, the consequences are lighter than the mistakes made when the fajr prayer is done before entering the time.

CONCLUSION
Based on the above analysis and discussion, some conclusions that can be drawn.First, the occurrence of differences in the setting of the fajr prayer schedule is caused by several factors, namely: (1) differences in the determination of the criteria of elevation of the sun under the horizon, where the parties that maintain the existing schedule in their respective countries are considered as jumhur, with criteria between -18 o and -20 o ; and (2) differences in interpreting the meaning of the naṣ related to the time of fajr prayer and the terms contained in it, such as fajr, galas, isfār, tabayyun and others.Second, the basic principles in determining the beginning of the fajr prayer time based on the perspective of Sharia are: (1) fajr prayer is determined by the signs that are believed, so that the criteria for the appearance of fajr ṣādiq is set at the unquestioned elevation of the sun; and (2) Sharia stipulates the obligatory requirement of fajr prayer with signs that are ḥissiyah (observable with five senses) namely the appearance of fajr ṣādiq, in accordance with maqāṣid al-taysīr (ease) that can be understood and observed by every Muslim, so that the beginning of fajr prayer time is determined based on the criteria of el elevation of the sun that is easy to understand, not a difficult to see especially if it is just a theory.
Based on the above analysis and conclusions, the study provides recommendations for setting the angle of fajr ṣādiq on the criteria between -18º and iḥtiyāṭ 2 minutes or -17.5 º , with several considerations: (1) Falak experts still continue to differ opinions and continue their research; (2) the counter taqwīm that exists not only from astronomers but strengthened by scholars who conduct direct research; (3) the criteria set by pro taqwīm parties from both experts and scholars seem to disagree with one criterion, -18 o or -19 o or -20 o , because each only defends the schedule in his country; (4) research on fajr ṣādiq must be continuously deepened, especially from two aspects, namely basing research on the correct definition of fajr in syar'i terms, and prioritizing the quality of research data based on procedures established by experts.
of Differences in Setting the Beginning of Fajr Prayer Time 3.1.1.Differences in Arguments regarding The Criteria of Elevation of the Sun Under the Horizon Dār al-Iftā' formed a team of dawn researchers from various institutions in Egypt such as al-Hai'ah al-Misriyyah al-Ammah li al-Masahah, Ma'had al-Arsyad al-Falakiyah, Falakiyah Department in Kulliyah al-'Ulūm al-Qāhirah, Department of al-Masahah wa al-Falak at al-Qahirah University and Dār al-Iftā'.After the formation of this team, and before its task ended, Dār al-Iftā' during the time of Sheikh Abd al-Lathif Hamzah in 1983 issued a fatwa officially that the existing taqwīm was in accordance with the prayer times both in syar'i and falakī.Al-Qadhi Muhammad Hasan as the syar'i representative of Dār al-Iftā' in the team, based on the observation of fajr ṣādiq and the sinking of syafak with eyes, said that the existing taqwīm has been relevant in syar'i and falakī, namely the criteria -17.5 o for the beginning of Isha time and -19.5 o for the beginning of dawn said of fajr prayer, , ‫طوال‬ ‫يذهب‬ ‫وال‬ ، ‫ا‬ ‫عرضا‬ ‫يذهب‬ ‫اآلخر‬ ‫الفجر‬ ‫و‬ ، ‫ا‬ ‫عرضا‬ ‫يذهب‬ ‫وال‬ ، ‫ا‬ ‫طوال‬ ‫يذهب‬ ‫الكاذب‬ ‫وهو‬ ، ‫السرحان‬ ‫ذنب‬ ‫له:‬ ‫يقال‬ ‫فجر‬ ، ‫ان‬ ‫فجر‬ ‫الفجر‬ Meaning:"There are two types of fajr; one of them is called the fajr of the wolf's tail, which is the fajr kāżib whose vertical direction does not widen, and the other fajr that leads horizontally not vertically."ISSN: 2797-5460, E-ISSN: 2797-359X Analysis of Factors Affect the Differences of the Determination of Fajr Ṣādiq and Its Relevance to the Basic Principles of Sharia (Sirajuddin, Azwar, Aswar) 7 "Al-isfār referred to in the hadith is the belief in the rising of dawn and the loss of doubt."Similarly,Imam Ahmad said, ‫طلع‬ ‫قد‬ ‫أنه‬ ‫يشك‬ ‫فَل‬ ‫الفجر،‬ ‫يتضح‬ ‫أن‬ ‫هو‬ ‫السَلم،‬ ‫عليه‬ ‫اد‬ ‫أر‬ ‫الذى‬ ‫اإلسفار‬ The rising of the fajr is clear to those who see it with certainty."