Can We Donate Eggs or Sperm?

Answered by Shaykh Faraz Rabbani

Question : Can we donate eggs or sperm?

Answer: It is not permitted to donate sperm or eggs to third parties, as this would be go against the principles of ascribing lineage to the biological parents.
The Islamic Fiqh Academy, and other bodies, including Al-Azhar’s Fatwa Committee, have studied this matter at length. They concluded that artificial insemination is permitted if only the husband and wife are reproductively involved–even if the fertilization itself occurs outside the mother. It is not permitted to use third party (‘donor’) sperm or eggs, even when either spouse is infertile. Some of the scholars also emphasize that such procedures should only be used when normal means prove ineffective.

And Allah alone gives success
Faraz Rabbani

Can I Give to Street Beggars? What if They Might be “Professional Beggars”?

Answered by Shaykh Faraz Rabbani

Question : Can I give to street beggars? What if they might be “professional beggars”?

Answer : Beggars have a right upon us. Allah Most High says in the Qur’an about the righteous believers: “And those in whose wealth is a recognized right for the beggar and the one who is denied his due share.” [Sûrah al-Ma`ârij: 24-25] And Allah reminds us: “So as for the orphans, do not oppress them, and as for beggars, do not berate them,” (93:9-10) and the Almighty says, “Have you seen him who denies the deen? He is the one who harshly rebuffs the orphan and does not urge the feeding of the poor.” (107:1-3)
Abu’d-Darda’ said that he heard the Messenger of Allah (peace and blessings be upon him) said, “Help me in seeking out the weak. They are supported. You are provided for on account of the weak among you.” [Abu Dawud]
In general, the sunna is to give to those who ask, if one can–even if only a little. However, it is also from the sunna to give generously to those who are most needy.
Thus, a balanced approach is to give a small amount to beggars on the street, and to give the bulk of one’s charity (directly or through charities) to those who are most needy or most deserving.

And Allah alone gives success.
Faraz Rabbani

When to Stand Up For Prayer at the Time of Iqamah?

Answered by Mufti Muhammad ibn Adam

Question :   When its time to pray in jama’a  when should one stand ?

 

Answer :   The renowned Hanafi jurist (faqih), Imam al-Haskafi (Allah have mercy on him) states whilst discussing the manners and etiquettes (adaab) of prayer:

“Prayer (salat) has certain etiquettes. Leaving them out does not necessitate any wrongdoing or admonishment, such as leaving out non-emphasised Sunnahs, but to carry them out is superior.”

Then, regarding one such etiquette of prayer, Imam al-Hakafi (Allah have mercy on him) states:

“And the Imam and the followers standing up when it is said: “Come to success (hayya ala al-falah)”…if the Imam is close to the prayer niche (mihrab), otherwise (if the Imam is not sitting close to the Mihrab) people in each row will stand up when the Imam reaches them. If the Imam enters from the front, they will stand up when their sight falls on the Imam. If the Imam himself gives the call to prayer (iqama) in the Masjid, then they should not stand up until he completes the Iqama.” (See: Radd al-Muhtar ala al-Durr al-Mukhtar, 1/479, Bab Sifat al-Salat)

In light of the above text, there are three situations here:

1) If the Imam is sitting close to his place of leading the prayer or Mihrab, then he and others should stand upon hearing the call “Hayya ala al-Falah”. This is considered to be from amongst the etiquettes of prayer; hence failing to do so will not constitute any wrongdoing or blameworthiness (karaha).

2) If the Imam is not sitting close to the Mihrab, then this has two possibilities:

a) If the Imam is entering from the back, people sitting in each row should stand up when the Imam passes by their row,

b) If the Imam enters from the front, one should stand up when one sees the Imam entering,

3)If the Imam himself is giving the Iqama, one should stand up when the Iqama is completed by the Imam.

It is worth noting here that all of the above is considered to be from the etiquettes (adaab) of prayer and not something that is necessary or a confirmed Sunnah, hence failing to comply with the above guidelines will not necessitate any wrongdoing. One should not rebuke or reproach an individual if he does not stand up at the recommended moment. At times, this issue is given more significance than it deserves.

And Allah knows best

Muhammad ibn Adam

Darul Iftaa

Leicester , UK

Repeating Surat Al-Fatiha in Prayers

Answered by Mufti Muhammad ibn Adam

Question :  Would it be permissible for one to repeat Surat al-Fatiha in the same rak’at on purpose in order to gain khushu’ in salah, or would this call for Sujud al-Sahw to be offered?

Answer :  One of the necessary obligations (wajibat) of prayer is to recite another Sura instantaneously after the recitation of Surat al-Fatiha. Any delay in the recitation of another Sura (or verses of the Qur’an) will necessitate prostration of forgetfulness (sujud al-sahw). However, in terms of obligatory (fardh) prayers, this is only in the first two Rak’ats, since a further Sura is not added in the last two Rak’ats of a Fardh prayer.

Imam al-Haskafi (may Allah have mercy on him), the renowned Hanafi jurist, states in his al-Durr al-Mukhtar:

“…And [from the wajibat of prayer] is to recite Surat al-Fatiha before the full recitation of another Sura. Similarly [another wajib is] to avoid repeating Surat al-fatiha before another Sura in the first two Rak’ats.”

The commentator of al-Durr al-Mukhtar, Imam Ibn Abidin (may Allah have mercy on him) explains the above text by stating:

“… As such, if one recites Surat al-Fatiha twice in any one of the first two Rak’ats, a prostration of forgetfulness (sujud al-sahw) becomes necessary due to delaying a Wajib which is the recitation of another Sura, as mentioned in al-Dhakhira and other books. The same ruling applies [i.e. the necessity of offering sujud al-sahw] if one recites most part of Surat al-Fatiha and then repeats it, as mentioned in al-Zahiriyya. However, if one recites Surat al-Fatiha once before and once after the recitation of another Sura, then offering Sujud al-Sahw is not necessary, since Ruku’ is not wajib instantaneously after reciting the Sura, because if one was to recite many Suras after Surat al-Fatiha, there would be nothing necessary upon one… The reason why this [ruling] is restricted to the first two Rak’ats of prayer is that sufficing with the recitation of Surat al-Fatiha once in the last two Rak’ats is not necessary, hence Sujud al-Sahw is not necessary for repeating Surat al-Fatiha in the last two Rak’ats…” (Radd al-Muhtar ala al-Durr al-Mukhtar 1/460-461)

In light of the above texts of al-Durr al-Mukhtar and its commentary Radd al-Muhtar, we can summarize by saying that repeating Surat al-Fatiha in the first two Rak’ats of Fardh prayers necessitates Sujud al-Sahw. However, if one repeats the recitation of al-Fatiha after reciting another Sura, then Sujud al-Sahw will not be necessary, since the Wajib is to recite another Sura directly after reciting Surat al-Fatiha. Likewise, repeating Sura al-Fatiha in the last two Rak’ats of Fardh prayers does not necessitate Sujud al-Sahw, since there is no recitation of another Sura in those Rak’ats.

This is why it is stated in al-Jawhara al-Nayyara:

“If one recites Surat al-Fatiha twice in the first two Rak’ats, prostration of forgetfulness (sujud al-sahw) is necessary, because one has delayed reciting the Sura. However, if one, in the first two Rak’ats, recites Surat al-Fatiha then a Sura and then Surat al-Fatiha [again] by mistake, sujud al-sahw will not be necessary, and it will be as though one has recited a long Sura.” (al-Jawhara al-Nayyara 1/77)

All of the above is in the case of repeating Surat al-Fatiha by mistake and out of forgetfulness. As for repeating it on purpose, even in order to gain more devotion, this must be avoided, and would require that the prayer itself is repeated if it was in the first two Rak’ats, because leaving out Wajibats of prayer intentionally necessitates that the prayer is repeated.

And Allah knows best

Muhammad ibn Adam

Darul Iftaa

Leicester , UK

             

                         

                         

 

 

 

 

Reciting Surahs of the Qur’an in Order During Prayer

Answered by  Mufti Muhammad ibn Adam

Question :  What is the ruling on reciting the Surahs against the order of the Qur’an in prayer?

Answer :  According to the Hanafi School, reciting the Surahs in the order that they are in the Qur’an is necessary (wajib) inside the Fardh and Wajib prayers such as the five daily obligatory prayers, the Jumu’ah prayer, the Witr prayer and the Eid prayer. As such, reciting the Surahs in a reversed order deliberately is considered to be prohibitively disliked (makruh tahriman) in these prayers, although it is not disliked in voluntary (nafl) prayers.

Imam al-Haskafi (Allah have mercy on him) states in his al-Durr al-Mukhtar whilst discussing the disliked acts of prayer:

“…And that one recites the Surahs in a reversed order unless when one completes the Qur’an, in which case one will recite from Surah al-Baqarah. It is stated in al-Qunya (m: name of a book) that if one recited Surah al-Kafirun in the first Rak’at and Surah Alam tra (al-Fil) in the second Rak’at… thereafter one remembered, then one should complete the Surah one is reciting (i.e. Surah al-Fil). And it is said that one should stop what one is reciting and start again. And none of this is disliked in the voluntary (nafl) prayer.”

Imam Ibn Abidin (Allah have mercy on him) explains the above by stating:

“(al-Haskafi’s statement: “And that one recites the Surahs in a reversed order”) such as reciting in the second Rak’at a Surah that is antecedent to the one recited in the first Rak’at. This is so because reciting the Surahs in order is from the necessary acts (wajibat) of recitation.” (Radd al-Muhtar ala al-Durr al-Mukhtar, 1/546-547)

It is stated in Maraqi al-Falah:

“It is disliked (m: prohibitively) to recite a Surah antecedent to the one already recited. Sayyiduna Abdullah ibn Mas’ud (Allah be pleased with him) said: “Whoever recites the Qur’an in a reversed order will himself be treated that way…” (Maraqi al-Falah, P: 352)

It should be remembered; however, that the condition for reciting the Surahs in a reversed order being prohibitively disliked (makruh tahriman) is that it be done deliberately and intentionally. If one recites the Surahs in a reversed order out of forgetfulness or mistake, it is not considered prohibitively disliked.

Imam Ibn Abidin (Allah have mercy on him) states:

“Reciting the Surahs in a reversed order (tankees)… is only disliked when it is done deliberately. If, however, it is done out of forgetfulness, then it is not disliked, as mentioned in Sharh al-Munya.” (Radd al-Muhtar, 1/547)

As for repeating the prayer or performing the prostration of forgetfulness (sujud al-sahw), indeed the general principle (qa’idah) is that “Any prayer offered with an element of prohibitive dislike attached to it, it is necessary to repeat it” (kullu salatin uddiyat ma’a karahat at-tahrim, tajib i’adatuha) but, as explained by Imam Ibn Abidin, this is when a prohibitively disliked element comes into the prayer by leaving out a Wajib that is of the prayer itself, and not a Wajib that is of something else. It is for this very reason that if one offers one’s prayer individually without joining in with the congregation (jama’ah), it is not necessary to repeat the prayer, even though offering the prayer in congregation (without having an excuse) is a Wajib, but this Wajib is not of the prayer itself.

Imam Ibn Abidin (Allah have mercy on him) states after discussing the above:

“This is supported by the fact that they (the fuqaha) have said reciting the Qur’anic Surahs in order is Wajib. However if one recites them in a reversed order, one is sinful, but offering a prostration of forgetfulness (sujud as-sahw) is not necessary because observing the order of the Surahs is of the necessary elements (wajibat) of reciting the Qur’an (qira’at) and not of the prayer itself, as mentioned in al-Bahr (of Ibn Nujaym) in the chapter of making mistakes.” (Radd al-Muhtar, 1/457)

As such, the prostration of forgetfulness and/or repeating the prayer is not necessary due to the fact that the necessity (wujub) of reciting the Surahs in order is of the necessary elements (wajibat) of reciting the Qur’an (qira’at) and not of the prayer itself.

Having said this, although the prostration of forgetfulness (sujud as-sahw) is never necessary, it may be better to repeat the prayer (if possible) in the case of reciting the Surahs in a reversed order deliberately. This is so because certain contemporary Fuqaha in their Fatawa works have stated that the prayer should be repeated. Imam Ibn Abidin himself has declared that repeating the prayer (i’adah) is necessary in situations such as performing the prayer in cloths containing pictures and praying whilst there is a suppressing need to urinate or defecate, both of which are prohibitively disliked and do not require the prostration of forgetfulness. (See: Fatawa Darul Uloom 2/224 & Radd al-Muhtar 1/457)

Finally, if an Imam recites the Surahs in a reversed order, the follower should simply assume that he did it forgetfully or by mistake, because it is one’s duty to interpret the actions of others in the best light, as the Messenger of Allah (Allah bless him and give him peace) has commanded us in many hadiths.

In conclusion, we learn the following points:

1) It is necessary in Fardh and Wajib prayers to recite the various Surahs of the Qur’an in order and prohibitively disliked to recite them in a reversed order deliberately.

2) It is not disliked to recite the Surahs in a reversed order unintentionally and forgetfully.

3) There is no prostration of forgetfulness whether this is done deliberately or unintentionally.

4) It is also not necessary to repeat the prayer, though better to do so if this is done deliberately.

5) If an Imam was to do this in prayer, one should assume that it was done unintentionally.

And Allah knows best

 Muhammad ibn Adam

Darul Iftaa

Leicester , UK

             

                         

             

 

 

Reciting From a Copy of the Qur’an (Mushaf) in Tarawih and Other Prayers

Answered by Mufti Muhammad ibn Adam

Question: My question is regarding the recitation of the Qur’an while looking at the text during salah. I was reading a book and in it, it says that reading the Qur’an while looking at the text in salaah breaks the prayer. Is this true or are there certain circumstances when it is permissible? Is this permissible in Nafl or Tarawih prayers?

Answer: In the name of Allah, Most Compassionate, Most Merciful,

In the Hanafi School, there are two opinions regarding performing Salat while reciting from a copy of the Qur’an (mushaf).

Imam Abu Hanifa (may Allah have mercy on him), the head of this School, is of the opinion that it is impermissible to perform Salat while looking in and reciting from a Mushaf, or while reciting from any other area such as Qur’anic verses inscribed inside the Mihrab. Doing so will invalidate one’s prayer, whether one is an Imam, follower or praying alone, and whether it is an obligatory (fardh), Tarawih or a voluntary (nafl) prayer.

The second opinion is of the two students of the Imam – namely Imam Abu Yusuf and Imam Muhammad ibn al-Hasan al-Shaybani (may Allah have mercy on both). According to them, one’s prayer is not invalidated by reciting from a copy of the Qur’an (mushaf), although this practice is considered to be disliked (makruh).

It is stated in the famous Hanafi Fiqh primer, Maraqi al-Falah:

“(Amongst those things that invalidate prayer) is to recite, that which one has not committed to memory, from a Mushaf even if one does not hold the Mushaf, due to being inspired by an external element. However, if one has committed the text to memory and does not hold the Mushaf, then the prayer is not invalidated, due to the absence of [excessive] action and external inspiration.” (Maraqi al-Falah with the commentary of Tahtawi, P: 336)

Imam al-Kasani (may Allah have mercy on him) states:

“If the one offering prayer recites from a Mushaf, then his prayer is invalidated according to Imam Abu Hanifa (may Allah have mercy on him). According to Imam Abu Yusuf and Imam Muhammad, [however], his prayer is valid but it is disliked. Imam Shafi’i (may Allah have mercy on him) states that it is not [even] disliked.” (Bada’i al-Sana’i 1/236)

Imam al-Haskafi (may Allah have mercy on him) states:

“(Amongst those things that invalidate prayer) is to recite from a Mushaf meaning from anything upon which the text of the Qur’an is inscribed, under all circumstances (mutlaqan), because it amounts to taking [external] inspiration, unless if one has committed to memory that which one is reciting, and recites without holding the Mushaf. And it is said that one’s prayer will not be invalidated unless one recites a complete verse… Imam Shafi’i considers it [reciting from a Mushaf] to be permitted without dislike and Imam Abu Yusuf and Imam Muhammad consider it to be permitted with dislike, due to imitation of the people of the book (ahl al-Kitab), meaning if one intends imitation…”

The commentator of Haskafi’s al-Durr al-Mukhtar, Imam Ibn Abidin (may Allah have mercy on him) expands on the above text by stating that reciting verses of the Qur’an from a Mushaf or from elsewhere such as the Mihrab invalidates one’s prayer according to Imam Abu Hanifa (may Allah have mercy on him), whether one recites a small amount or a large amount, and whether one is an Imam or praying alone.

He further states that there are basically two reasons given for this position of Abu Hanifa. The first reason is that holding the Mushaf in one’s hand, reading from a text and turning over the pages amounts to excessive extraneous action (amal al-kathir). The second reason is that reciting from a Mushaf results in taking inspiration (talaqqi) from it, and as such, it is as though one’s recitation of the Qur’an in Salat is inspired from another person.

Based on the second reasoning, he says, one’s prayer would be invalidated whether one holds the Mushaf in one’s hand or not, whilst looking at the first reasoning, there would be a difference in the ruling between holding the Mushaf in one’s hand and placing the Mushaf elsewhere. The second reasoning is more correct. As such, regardless of whether one was to hold the Mushaf and turn the pages or not, the prayer would be invalidated.

The only exception is the situation where one recites the verses of the Qur’an depending on one’s memory, but merely has the Mushaf open in front of him. This is so because the recitation is primarily based on one’s memory, and not taking inspiration from the Mushaf.

He adds that some Hanafi jurists declared the prayer to be invalidated only if one recites an amount equal to Surat al-Fatiha. However, others said, prayer will be invalidated if one recites one complete verse from a Mushaf. This, according to him, is the more correct position. (See: Radd al-Muhtar ala al-Durr al-Mukhtar 1/624)

Imam Badr al-Din al-Ayni (may Allah have mercy on him) states in his commentary of Sahih al-Bukhari titled, Umdat al-Qari:

“Reciting from a Mushaf invalidates one’s prayer according to Imam Abu Hanifa (may Allah have mercy on him), since it amounts to excessive action. However, it is permitted according to Imam Abu Yusuf and Imam Muhammad (may Allah have mercy on them), because recitation by means of looking into the Mushaf is a form of worship (ibadah). However, it is disliked, since in it there is imitation of the people of the book. This [position of permissibility] is also the position of Imam Shafi’i and Imam Ahmad (may Allah have mercy on them), and according to Imam Malik (may Allah have mercy on him), one’s voluntary (nafl) prayer is not invalidated by reciting from a Mushaf.” (Umdat al-Qari sharh Sahih al-Bukhari 4/314)

In light of all of the above, in the Hanafi School, it remains impermissible to recite from a copy of the Qur’an (mushaf), whether in a Fardh prayer, Tarawih prayer or Nafl prayer. If one does so, whether one is an Imam or praying alone, one’s prayer will be invalidated according to the position of Imam Abu Hanifa (may Allah have mercy on him). The basic Hanafi Fiqh primers (mutun), such as Maraqi al-Falah, merely convey this position of Abu Hanifa and consider reciting from a Mushaf to be amongst those things that invalidate one’s prayer.

Evidences

The main evidence for this position of the Hanafis is that there are several Ahadith where the one unable to recite the Qur’an by means of memory is instructed by the Messenger of Allah (Allah bless him & give him peace) to glorify Allah (tasbih) and praise Him (hamd) in prayer, rather than recite from a Mushaf.

Sayyiduna Rifa’a ibn Rafi’ (may Allah be pleased with him) reports that the Messenger of Allah (Allah bless him & give him peace) said to a man whilst teaching him how to perform Salat: “….Then if you have portions of the Qur’an memorized, recite it, otherwise praise Allah, the Exalted, and utter the takbir, and utter the tahlil (la ila ha illallah)…” (Sunan Abi Dawud no: 857 and Sunan Tirmidhi no: 302)

Sayyiduna Abdullah ibn Abi Awfa (may Allah be pleased with him) reports that a man came to the Messenger of Allah (Allah bless him & give him peace) and said: “I cannot memorize anything from the Qur’an; so teach me something which is sufficient for me. He (Allah bless him & give him peace) said: “Say: Glory be to Allah, and praise be to Allah, and there is no god but Allah, and Allah is Most Great, and there is no might and no strength to do anything but with Allah’s help.” He replied: “O Messenger of Allah! This is for Allah, but what is for me? He said: “Say: O Allah! Have mercy on me, and sustain me, and keep me well, and guide me.” When he stood up, he made a sign with his hand [indicating that he had earned a lot]. The Messenger of Allah (Allah bless him & give him peace) said: “This man has filled up his hand with good.” (Sunan Abi Dawud no: 828 and Sunan Nasa’i no: 795)

Imam Zafar Ahmad Uthmani (may Allah have mercy on him) states in his I’la al-Sunan that both these Hadiths indicate that whosoever is able to recite verses of the Qur’an by means of memory must recite as much as desired. However, if one is incapable of learning and memorizing a portion of the Qur’an which is necessary in prayer, then one will resort to the Dhikr of Allah. Had reciting from a Mushaf been permitted, the jurists (fuqaha) would have deemed it necessary and the Messenger of Allah (Allah bless him & give him peace) would have directed it, because resorting to the Dhikr of Allah should have been an option only if one is even incapable of reciting from a Mushaf. This clearly indicates that reciting from a Mushaf is not a “legitimate” recitation with which one’s prayer is deemed valid. (See: I’la al-Sunan 5/59-60)

As pointed out earlier, it is permitted according to the Shafi’i and Hanbali Schools to recite from a Mushaf in Fardh and Nafl prayers, whether one has memorized the portion one is reciting or not. According to Imam Malik, it is permitted to do so in Nafl and Tarawih prayers. (See: al-Majmu’ of Imam Nawawi and Kasshaf al-Qina’ of Bahuti 1/361)

Their proof is the report recorded by Imam al-Bukhari in his Sahih without a chain of transmission (mu’allaqan) that “Sayyida A’isha (may Allah be pleased with her) would pray behind her slave Zakwan, who would recite from a Mushaf.” (Sahih al-Bukhari 1/245 and Fath al-Bari 2/239)

The Hanafi jurists (fuqaha) present various explanations for this report:

a) Imam Zafar Ahmad Uthmani states that Zakwan had actually memorized the portion which he was reciting, whereas the condition for the impermissibility of reciting from a Mushaf [according to the Hanafis] is that the one reciting has not memorized that which he is reciting in prayer. As such, Zakwan’s recitation was not dependant on external inspiration; but rather on his own memory. However, he would merely keep the Mushaf open to assist him for a word or two, which does not invalidate the prayer. (See: I’la al-Sunan 5/61)

b) Imam Badr al-Din al-Ayni states in his commentary of the Hidaya that the meaning of this report is that Zakwan would recite and memorize portions of the Qur’an from the Mushaf prior to commencing prayer. Thereafter, he would stand up, commence his prayer and recite by means of memory that which he had memorized. (al-Binaya fi sharh al-Hidaya 2/427)

c) Imam al-Kasani states in his Bada’i al-Sana’i that it is possible this report is describing two separate states, meaning Zakwan would lead in prayer, and would recite from the Mushaf in other than the state of prayer. (Bada’i al-Sana’i 1/236)

Nevertheless, in conclusion, this is a matter differed upon by the jurists of the four Sunni Schools of Islamic law. The Hanafi School does not permit reciting from a copy of the Qur’an (mushaf) during Salat, with Imam Abu Hanifa of the opinion that one’s Salat is invalidated should one do so. The other Imams have allowed this practice, but one should be cautious in terms of making too many movements whilst carrying the Mushaf, since it may invalidate the prayer according to them as well.

Finally, in the Hanafi School, praying behind an Imam who is reciting from a Mushaf invalidates the prayer of the follower. As such, one should avoid praying behind such an Imam.

However, this may be difficult to apply in mixed communities where there are many non-Hanafis or where such practices are common. In such a case, one may pray behind a Shafi’i or Hanbali Imam who is reciting from a copy of the Qur’an and thus follow the positions of Imam Abu Yusuf and Imam Muhammad (may Allah have mercy on both). This is closer to unity and helps avoid Fitna.

And Allah knows best

Muhammad ibn Adam

Darul Iftaa

Leicester , UK

Performing Tarawih Prayers Again as an Imam

Answered by Mufti Muhammad ibn Adam

Question :  If a person has prayed his Taraweeh and then leads others as an Imam in Tarawih, is there anything wrong with this, since he has already prayed it?

Answer : According to the Hanafi School, Tarawih prayer is a specific type of prayer performed in the month of Ramadhan that is individually Sunna for both men and women. It is different from the normal voluntary (nafl) Prayer. (Al-Fatawa al-Hindiyya, 1/116)

 

As such, it is not correct to offer this prayer twice with the intention of Tarawih on both occasions, just as it is not permitted to offer an obligatory (fard) prayer twice with the same intention. However, it is permitted to offer this prayer twice with different intentions, i.e. with the intention of Tarawih on the first occasion and Nafl on the second occasion, just as it is permitted to join in a congregation of Fard with the intention of Nafl after having performed one’s own Fard prayer.

Due to this, the Hanafi jurists (fuqaha) assert that it is not permitted for the one who has already offered his Tarawih prayer (as an Imam or a follower) to lead others in Tarawih, given that, being an Imam, he will be required to make an intention of Sunna. However, he is allowed to follow another Imam with the intention of Nafl.

It is stated in Al-Fatawa al-Hindiyya:

“It is not permitted for one to lead Tarawih prayers in two separate Mosques, in a complete manner [i.e. leading the full twenty Rak’ats in each Mosque. However, if one was to lead some Rak’ats in one Mosque and the remainder in another Mosque, then this is permitted].” (Al-Fatawa al-Hindiyya, 1/116)

It is stated in Hashiya al-Tahtawi ala Maraqi al-Falah:

 “It is [prohibitively] disliked (makruh) for one to lead the Tarawih prayer twice in one night, and the Fatwa is on this position. This is because a Sunna is not to be repeated in one time, hence the second prayer would be considered Nafl [and a person offering Nafl prayers can not lead those who are offering Sunna prayers]…” (Maraqi al-Falah with the Hashiya of Tahtawi, P: 412)

 In conclusion, if a person has already performed his Tarawih prayer, then he is not allowed to lead others in Tarawih on the same night. However, it is permitted for him to follow another Imam in Tarawih, since his intention now will be that of Nafl prayers.

 And Allah know best

 

 

 

Question:  What should one do if he misses three jumu’ah prayers in a row due to lunch time meetings at work? Has he lost his shahadah? He is not chronically negligent of jumua”h but it just so happened that he did miss three in a row out this once.

 

Answer :  Friday prayer is personally obligatory (Fard Ayn) upon every Muslim. It has been established from the Qur’an, Sunnah and the consensus of the Ummah. It is one of the most important features of Islam. The one who rejects it is a Kafir and the one who misses it without a valid excuse is a Fasiq.

Allah Almighty says:

“O, you who believe! When the call for Friday prayer is made, hasten towards the remembrance of Allah (Prayer and Khutba) and leave all transactions. This is best for you if you know.” (Surah al-Jumu’ah, V.9)

Sayyiduna Abd Allah ibn Umar and Sayyiduna Abu Hurayra (Allah be pleased with them both) narrate that they heard the Messenger of Allah (Allah bless him & give him peace) say on the planks of his pulpit: “People must cease from abandoning the Friday prayers or Allah will seal their hearts and then they will be among the negligent.” (Sahih Muslim, no. 865)

Abu Ja’d al-Dhamri (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “Whosoever misses three Jumu’ah prayers by taking the matter lightly, Allah will seal his heart.” (Sunan Abu Dawud, Sunan Tirmidhi, Sunan Nasa’i, Sunan Ibn Majah and al-Darami)

The importance of the Friday prayer is evident from the abovementioned. A Muslim should, therefore, never attempt to miss it. To miss even one Jumu’ah prayer without a legally valid excuse is highly sinful, and to miss three is totally unacceptable, with Allah Most High sealing the heart of the transgressor due to which no good enters his heart.

However, missing the Jumu’ah prayer does not entail one leaving Islam, as is the case with all unlawful and sinful acts. According to the scholars of Ahl al-Sunnah wa al-Jama’ah, a sin does not take one out of the fold of Islam, rather one becomes sinful.

Thus, leaving three Jumu’ahs will not be considered disbelief (kufr), in that one will not have to repeat the Shahadah and renew one’s Iman. However, if one rejects the obligation of the Friday prayer (Mustaheel) or takes the matter lightly in a mocking way (istikhfaf), then one will come out of the fold of Islam. (See the major books on Islamic Creed and the commentaries of the major Hadith collections)

And Allah knows best

Muhammad ibn Adam

Darul Iftaa

Leicester , UK

             

 

 

 
 

 

Missing Three Jumu’ahs

Answered by Mufti Muhammad ibn Adam

Question:  What should one do if he misses three jumu’ah prayers in a row due to lunch time meetings at work? Has he lost his shahadah? He is not chronically negligent of jumuah but it just so happened that he did miss three in a row out this once.

 Answer :  Friday prayer is personally obligatory (Fard Ayn) upon every Muslim. It has been established from the Qur’an, Sunnah and the consensus of the Ummah. It is one of the most important features of Islam. The one who rejects it is a Kafir and the one who misses it without a valid excuse is a Fasiq.

 

Allah Almighty says:

 

“O, you who believe! When the call for Friday prayer is made, hasten towards the remembrance of Allah (Prayer and Khutba) and leave all transactions. This is best for you if you know.” (Surah al-Jumu’ah, V.9)

 

Sayyiduna Abd Allah ibn Umar and Sayyiduna Abu Hurayra (Allah be pleased with them both) narrate that they heard the Messenger of Allah (Allah bless him & give him peace) say on the planks of his pulpit: “People must cease from abandoning the Friday prayers or Allah will seal their hearts and then they will be among the negligent.” (Sahih Muslim, no. 865)

 

Abu Ja’d al-Dhamri (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “Whosoever misses three Jumu’ah prayers by taking the matter lightly, Allah will seal his heart.” (Sunan Abu Dawud, Sunan Tirmidhi, Sunan Nasa’i, Sunan Ibn Majah and al-Darami)

 

The importance of the Friday prayer is evident from the abovementioned. A Muslim should, therefore, never attempt to miss it. To miss even one Jumu’ah prayer without a legally valid excuse is highly sinful, and to miss three is totally unacceptable, with Allah Most High sealing the heart of the transgressor due to which no good enters his heart.

 

However, missing the Jumu’ah prayer does not entail one leaving Islam, as is the case with all unlawful and sinful acts. According to the scholars of Ahl al-Sunnah wa al-Jama’ah, a sin does not take one out of the fold of Islam, rather one becomes sinful.

 

Thus, leaving three Jumu’ahs will not be considered disbelief (kufr), in that one will not have to repeat the Shahadah and renew one’s Iman. However, if one rejects the obligation of the Friday prayer (Mustaheel) or takes the matter lightly in a mocking way (istikhfaf), then one will come out of the fold of Islam. (See the major books on Islamic Creed and the commentaries of the major Hadith collections)

 

 

And Allah knows best

Muhammad ibn Adam

Darul Iftaa

Leicester , UK

             

Is It Permissible to Miss the Friday Prayer in the West Because of Work?

Answered by Mufti Muhammad ibn Adam

Question : I have a brother who is contemplating a career change primarily because he would not be able to hold a teaching position at the elementary school level if he had to leave every week for Jumu’a. I have apparently been told that the Syrian Hanafi position is that Jumu’a is not mandatory in the West because there is no Muslim ruler or established Islamic authority.

Answer : The position of the mainstream and majority of scholars, both from the Subcontinent and the Arab world, is that the condition of having a Muslim ruler (sultan) in order to establish the Friday prayer is not a condition in of itself; rather, a means to ensure that there is no dispute regarding the establishment of the Friday prayer.

The renowned Hanafi Jurist (faqih), Imam al-Kasani (Allah have mercy on him) explains in his Bada’i al-Sana’i that the condition of having the Sultan’s permission is to avoid any possible disputes and arguments, because the Friday (jumu’a) prayer is offered in a large congregating and to lead such a massive congregation in prayer is indeed a great privilege; hence, it may lead those who like to be in the limelight into competing and arguing with one another to acquire the post of leading the Friday prayer. For this reason, appointing the right person to lead the Friday prayer was left to the discretion of the Sultan, so that he may appoint whomever he feels fit for this esteemed position. As a result, there would be no dispute, for others would be forced into obeying the Sultan and may even fear his punishment. (Bada’i al-Sana’i, 1/261)

He further states that the above is when the Sultan or his representative is present. However, if the Sultan was not able to attend for one reason or another and the time of Jumu’a Salat came in, then there is nothing wrong in the congregation uniting in the appointment of an Imam and praying behind him. This is supported by what Imam Muhammad has narrated that when Sayyiduna Uthman (Allah be pleased with him) was surrounded by the enemies, people appointed Sayyiduna Ali (Allah be pleased with him) to lead them in the Friday prayer. (ibid)

In light of the above explanation and in light of the explanation given by many other jurists, it is not a condition of the Friday prayer that it be performed in a Muslim land. In the absence of a Sultan or a Muslim ruler, it is completely permissible for the Muslims to choose someone to lead the Friday prayer and such a Friday prayer would be considered valid.

When the Friday prayer is considered valid, it becomes obligatory upon each and every Muslim male to attend the prayer unless there is a dire and genuine excuse. Missing the Friday prayer without a legally accepted excuse would be extremely sinful.

Allah Most High says:

“O you who believe! When the call for Friday prayer is made, hasten towards the remembrance of Allah (Prayer and Khutba) and leave all transactions. This is best for you if you know.” (Sura al-Jumu’a, V: 9)

The above is the position of most contemporary Ulama. What you have been told regarding the Syrian Hanafi position, it is incorrect; rather, many top Syrian Ulama concur with the position of the Subcontinent Fuqaha, in that the Friday prayer is obligatory even in the West. I myself once heard Shaykh Muhammad Sa’id Ramadhan al-Buti (Allah preserve him) refuting quite vigorously the isolated position of Jumu’a not being obligatory in the West.

Hence, your brother will be doing the right thing by looking for an alternative job if he is unable to offer his Jumu’a prayer at his current post. It will not be permitted to take up a career where one is regularly unable to offer one’s Friday prayer, even in the West.

And Allah knows best

Muhammad ibn Adam

Darul Iftaa

Leicester, UK

www.daruliftaa.com

Can an Illegitimate Son Lead Salat?

Answered by Mufti Muhammad ibn Adam

Question : The notion amongst some communities that an illegitimate offspring can not lead in prayer (salat) or that prayer behind an Imam who is illegitimate is invalid or disliked is a notion that is erroneous and absurd. The fact is that if an illegitimate person is righteous and possesses the necessary knowledge to properly fulfil the conditions of Salat, then there is nothing wrong whatsoever in praying behind him.

 

Answer : Allah Most High says:

 

“And no bearer of burden shall bear the burden of another.” (Qur’an, 17:15)

 

The confusion may have arisen from a text found in many classical Hanafi Fiqh works stating that offering prayer behind a slave person, a blind man and an illegitimate child is disliked (makruh). (See for example: Maraqi al-Falah, P: 302)

 

However, this must not be taken at face value but understood correctly in light of other explanatory texts of the Hanafi School. Classical Hanafi jurists (fuqaha) explain that the legal cause behind the disliked nature of praying behind an illegitimate person is his lack of knowledge or inability to properly fulfil the conditions of prayer. As such, if this legal cause is not present, then the disliked nature of praying behind him no longer remains.

 

The renowned Hanafi jurist, Imam Ibn Abidin (may Allah have mercy on him), whilst explaining the text of Al-Durr al-Mukhtar that it is disliked to pray behind an illegitimate person, states:

 

“This is due to the fact that he [i.e. the illegitimate] does not [normally] have a father to raise him, train him and teach him, hence ignorance (jahl) overcomes him [and thus, he is not able to properly fulfil the conditions of prayer].” (Radd al-Muhtar ala ‘l-Durr al-Mukhtar, 1/562)

 

Imam Tahtawi (may Allah have mercy on him) states in his super-commentary (hashiya) on Maraqi al-Falah:

 

“This [i.e. the disliked nature of an illegitimate person leading Salat] is due to the fact that he does not [normally] have a father to teach him, hence ignorance (jahl) overcomes him. However, if he possesses [necessary] knowledge [to lead Salat], there is no dislike.” (Hashiyat al-Tahtawi ala Maraqi al-Falah, P: 302)

 

The above few quotes clearly establish that the text found in classical Hanafi works mentioning the disliked nature (karaha) of praying behind a person born out of wedlock is conditional to him being ignorant and incapable of fulfilling the conditions of prayer. The text was written in a time when ignorance of the laws of Islam was generally more prevalent in illegitimate children than those born out of legal marriages. Thus, despite being illegitimate, if a person possesses the necessary characteristics of being an Imam, then he can be an Imam without any dislike.

 

In fact, if an illegitimate person is more righteous and more knowledgeable than others in regards to the rules of prayer, then he is more worthy of leading the prayer.

 

Imam Ibn Abidin (may Allah have mercy on him) explains in his Radd al-Muhtar quoting Al-Bahr al-Ra’iq and Al-Ikhtiyar that if the legal cause behind the disliked nature of praying behind an illegitimate person [i.e. ignorance] is not present, such that he is superior (afdhal) than the one born out of a legal marriage, then the ruling will be reversed [meaning it will be somewhat disliked to pray behind the one born out of a legal marriage, and not him ]. (Radd al-Muhtar, 1/560)

 

Therefore, be assured brother that it is perfectly fine for you to lead others in Salat, as long as you possess the necessary knowledge to properly fulfil the conditions of prayer, and don’t let anyone tell you otherwise. Thank Allah for blessing you with Islam. May Allah keep all of us steadfast on Islam and take us away from this world in a state of Iman and Faith, Ameen Ya Rabb.

 

And Allah knows best

Muhammad ibn Adam

Darul Iftaa

Leicester , UK