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Ruling when the Friday Prayer and the E`ed Prayer Come on the Same Day
Author : The General Iftaa' Department
Date Added : 14-07-2015

Ruling when the Friday Prayer and the E`ed Prayer Come on the Same Day

When the E`ed occurs on a Friday, the Friday prayer remains obligatory because the E`ed prayer is a confirmed Sunna; whereas, the Friday prayer is an individual duty. Sunnah doesn`t invalidate an obligation, nor suffices for it. This is indicated by the following verse (What means): "O ye who believe! When the call is proclaimed to prayer on Friday (the Day of Assembly), hasten earnestly to the Remembrance of God, and leave off business (and traffic): That is best for you if ye but knew!" [Al-Jum`ah/9].

 

At the time of the Prophet (PBUH), E`ed occurred on a Friday, so he performed the E`ed prayer as well as the Friday prayer and delivered both sermons, and this is very famous in the books of Sunnah and the traditions. In addition, this is the opinion of the majority of the Muslim scholars: The Hanafites, The Malikites, The Shafites and in one narration of the Hanbalites.

 

He (PBUH) permitted the people from the outskirts not to attend the Friday prayer that day and instead offer the Zuhr prayer in their neighborhoods. The Prophet (PBUH) said: Two festivals (E'ed and Friday) have synchronized on this day. If anyone does not want to offer the Friday prayer, the E'ed prayer is sufficient for him. But we shall offer the Friday prayer." [Abu Dawood].

 

The majority of the Hanafite, Malikite and Shafite jurists said that the aforementioned Hadith applies to those who came from the outskirts of Medina in order to offer the E`ed prayer in the Prophet`s Mosque, and they aren`t obliged to offer the Friday prayer in principle, because they live in the outskirts of cities, far from populated areas. If they waited to offer the Friday prayer after having performed the E`ed prayer, they will face hardship and they will face the same hardship if they went home and returned to offer the Friday prayer, and this is why the Prophet(PBUH) permitted them not to attend the Friday prayer.

 

Therefore, it is more prudent to observe both prayers on that day, and as regards the opinion of some Hanbalite jurists states that whoever prays the E`ed prayer isn`t obliged to pray the Friday prayer, and should pray the Zuhr prayer instead, it contradicts prudence and acquittal.

 

As regards the opinion which states that praying the E`ed prayer invalidates the Zuhr prayer, this has never been stated by any of the four schools of jurisprudence and contradicts the provisions of Sharia which make offering five prayers for each day and night obligatory. Therefore, it is impermissible to apply this opinion, imitate it, or issue rulings based on it. Moreover, some narrations, related to some companions, state that the E`ed prayer makes the Friday prayer not obligatory if they happened on the same day, aren`t to be taken into consideration.

 

Finally, there is no room for dispute and  argument since Muslims are about to receive the Feast of Al-Fitr, rather, a Muslim should adhere to matters whose meanings are established, leave matters whose meanings are allegorical and follow the established opinions of the four juristic schools. And Allah Knows Best.

 

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Summarized Fatawaa

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

What is the ruling on combining (jam‘) and shortening (qaṣr) prayers when travel is repeated on a daily basis?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
A traveler is permitted to avail himself of the concessions of shortening and combining prayers once the distance of his journey reaches (81 km) or more. This is on condition that his journey is a permissible one, and that he begins shortening and combining only after setting out and passing beyond the built-up limits of the city in which he resides, or beyond the administrative boundaries of the area where he lives.
Accordingly, if the distance between one's workplace and one's place of residence reaches the distance upon which the concession of combining and shortening depends, then combining and shortening are permissible once he leaves the built-up area, even if this travel is repeated on a daily basis.
Ash-Shirbīnī (raḥimahullāh) said: "It is permissible to combine Ẓuhr and ‘Aṣr, either as an early combination (taqdīm) in the time of the first, or as a delayed combination (ta'khīr) in the time of the second; and likewise Maghrib and ‘Ishā' — either early, in the time of the first, or delayed, in the time of the second — during a long, permissible journey, in following [the Prophet's practice]. As for the delayed combination, it is established in the two Ṣaḥīḥs from the ḥadīth of Anas and Ibn ‘Umar (raḍiyallāhu ‘anhum). As for the early combination, Ibn Ḥibbān and al-Bayhaqī graded it ṣaḥīḥ from the ḥadīth of Mu‘ādh, and at-Tirmidhī graded it ḥasan." [Quoted with slight abridgment from Mughnī al-Muḥtāj, Vol.1/p.529]
The conditions for combining and shortening have already been explained in Fatwa No. 14 and Fatwa No. 842. And Allah, the Exalted, knows best.

What is the correct point at which to raise the hands when standing up for the third rak‘ah (after the middle tashahhud)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Raising the hands while saying the takbīr [when rising for the third rak‘ah] is a recommended sunnah, and omitting it does not affect the validity of the prayer. The proper time for this is after rising from the middle tashahhud, once one has fully stood up.
It is stated in I‘ānat aṭ-Ṭālibīn (Vol.1/P.158): "His statement, 'and rising from the first tashahhud' — meaning, this manner [of raising the hands] is also a sunnah when he rises from the first tashahhud, that is, when he stands upright from it.
Consider [the question]: when precisely does the raising of the hands begin? Is it at the very start of rising from the first tashahhud, or after he has reached the minimum position of rukū‘ [i.e., once fully upright]? The apparent, [correct] view is the latter — even though the outward wording [of the text] might suggest the former — because at the very start of his rising, he is still relying on both hands [to push himself up, and therefore cannot yet raise them]."
It is stated in ‘Umdat as-Sālik (p. 53): "If his prayer extends beyond two rak‘ahs, he sits after them in the iftirāsh position, recites the tashahhud, and sends blessings upon the Prophet ﷺ alone, without [mentioning] his family [at this point]. He then stands while saying the takbīr, supporting himself with his hands; and once he has stood upright, he raises them level with his shoulders." And Allah, the Exalted, knows best.

I`m a pious Muslim woman, but my husband isn`t, what should I do?

You should exercise patience, make supplication that Allah guides him to the straight path, and keep advising him kindly.

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