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Three Muhammadiyah Cadres Challenge Isbat Session for Determining Ramadan and Eid al-Fitr Start Dates at Constitutional Court

| Source: VIVA Translated from Indonesian | Legal
Three Muhammadiyah Cadres Challenge Isbat Session for Determining Ramadan and Eid al-Fitr Start Dates at Constitutional Court
Image: VIVA

The Constitutional Court held a preliminary hearing on Tuesday, 9 June 2026, for a judicial review of the Religious Courts Law concerning the isbat confirmation for the start and end of Ramadan. The preliminary hearing for the material review of Law Number 3 of 2006, amending Law Number 7 of 1989 on Religious Courts, was held in the plenary courtroom of the Constitutional Court Building in Jakarta. The petition was filed by Andri Sumarna, Muhammad Fajri Nur Rizky, and Rozak Daud. The three Muhammadiyah cadres are requesting a material review of Article 52A and its elucidation in the Religious Courts Law, which they believe contradicts the 1945 Constitution. Article 52A states that a religious court provides isbat confirmation for rukyat hilal testimony in determining the start of the Hijri month. The elucidation details that religious courts are tasked by the Minister of Religious Affairs to provide a ruling on the testimony of individuals who have sighted the new moon at the start of Ramadan and the month of Syawal, so the Minister can issue a national decree for 1 Ramadan and 1 Syawal. According to the petitioners, the enforcement of Article 52A and its elucidation has caused constitutional harm to them, as they follow the hisab method for determining the start of the Hijri month. The harm is judged to arise because the norm’s elucidation grants the Minister of Religious Affairs the authority to nationally establish the start of the Hijri month, specifically 1 Ramadan and 1 Syawal, through the isbat mechanism based on rukyat hilal testimony. The petitioners argue that this construction results in the rukyat hilal method being officially recognised by the state as a national decree, while the hisab method they uphold does not receive equal recognition.

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