Articles

The Pandemic Absolves a Person from Friday's Congregational Prayer
Author : The General Iftaa` Department
Date Added : 15-03-2021

 

In the Name of God Almighty and All perfect praise be to Him, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

The General Iftaa Dept. assures what been mentioned in earlier articles and Fatwas that preserving the human soul of what might be lead to causing harm to it is one of the most important objectives of Sharia; thus, Allah, The Exalted forbade doing any act which might inflict damage upon person's life and enjoined to preserve it in all legal methods, as He said (What means): "Spend your wealth for the cause of Allah, and be not cast by your own hands to ruin; and do good. Lo! Allah loveth the beneficent." [Al-Baqarah/195] in addition, He Said (What means): "and kill not one another. Lo! Allah is ever Merciful unto you." [An-Nisa'/29].

 

Nowadays, our country suffers from the great spread of this pandemic by which many people were passed away while others have been hospitalized for a long period due to their pains, sufferings as well as losses. Therefore, our religious and faithful obligations entail us to abide by all health instructions and guidelines as well the organizational orders issued by parties in charge, in addition to maintain all necessary means to stop the spread and transmission of this disease in order to preserve the strength and stability of the society.

 

In principle, Islamic Sharia arrived to ease people's daily matters and considered this one of its principles, because the objective of the devotions' acts is to manage peoples' affairs and cast away any harm whether in this life or in the hereafter, as Allah, The Exalted Said (What means): "God intends every facility for you; He does not want to put to difficulties." [Al-Baqarah/185].

Besides Muslim jurists are of the view that rain and mud are among the concessions by which a person is excused from offering Friday’s obligatory prayer based on the following narration in (Sahih Moslim): Abdullah Ibn ‘Abbas (May Allah Be Pleased with them) reported that he said to the Mu’adhdhin on a rainy day: When you have announced” I testify that there is no god but Allah; I testify that Muhammad is the Messenger of Allah,” do not say: ”Come to the prayer,” but make this announcement:” Say prayer in your houses.” He (the narrator) said that the people disapproved of it. Ibn ‘Abbas said: Are you astonished at it? He (the Holy Prophet), who is better than I, did it. Jumu’a prayer is no doubt obligatory, but I do not like that I should (force you) to come out and walk in mud and slippery ground. Al-Imam Al-Shafiee stated: ”The aforementioned narration is an among the concessions that permits a person not to offer obligatory prayer due to rain and the like. “

 

These days, the medical parties recommend to avoid gatherings such as the ones intended to  perform Friday’s obligatory prayer, since abiding by it serves a noble goal and righteous intention which are: preserving people’s life where by them the religion is preserved, and by keeping them safe, religious rituals might be established on the basis of Sharia maxims by which the hardship is removed and ease is adopted; thus, the avoidance of performing Friday’s congregational prayer becomes a valid excuse in this case. In addition to the fact that our legal obligation entails us to abide by this objective as we suffer for the time being from the spread of this pandemic among people. 

 

In this regard, we call upon everyone to perform the Duhr prayer at their homes and to abide by precautionary procedures in order to stop the spread and transmission of infection to others, since the Prophet (PBUH) said: ”There is no injury nor return of injury. " [Ibn Majah]. Besides, abiding by these procedures is considered a revival of a human soul whereas preserving it from injury is an obligation. For instance, bringing personal praying-mat while performing congregational prayer in the Mosque, the recitation from a personal copy of the Holy-Quran, making ablution in home, keeping physical distancing and the avoidance of shaking hands, since by adhering to the previous procedures, the prevention of this pandemic takes place among praying people as well as their lives and health is to be preserved.

 

Finally, we pray to Allah, The Exalted to keep our country and all Muslim countries safe and sound and to protect us from sicknesses and diseases as He is Powerful to do so and the conclusion of our prayer will be Praise be to Allah, Lord of the Worlds!

 

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Summarized Fatawaa

The Jurisprudential Significance of the Ḥadīth: "Whoever says, at the conclusion of the Fajr Prayer, while crossing his legs, before speaking..."
"Whoever says, at the conclusion of the Fajr prayer, while crossing his legs, before speaking: 'Lā ilāha illā Allāh, waḥdahu lā sharīka lah, lahu al-mulku wa lahu al-ḥamdu yuḥyī wa yumītu wa huwa ʿalā kulli shayʾin qadīr' ten times — ten good deeds will be recorded for him, ten bad deeds will be erased from him, he will be raised ten levels, he will spend that day in protection from everything disliked and guarded from the devil, and no sin will be able to befall him on that day except associating partners with Allah" — does this noble ḥadīth apply to the imam, and what is meant by "extraneous speech"?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for both the imam and those praying behind him to recite, immediately after the final salām, the specific remembrance reported in the sunnah to be said before turning away from one's place of prayer. The imam then leaves his praying spot, and the act of "turning" is fulfilled when the imam faces the congregation — even without physically leaving his spot — by positioning his right side toward them and his left side toward the qiblah, and this applies even while he is engaged in supplication.
Al-ʿAllāmah Ibn Qāsim al-ʿAbbādī states in his Ḥāshiyah ʿalā al-Tuḥfah (Vol.2/P.105): "It is most virtuous for the imam, once he has given the salām, to rise from his place of prayer immediately afterward." He adds that an exception must be made for the remembrances that are specifically required to be recited before he turns away. He then notes, citing Sharḥ al-ʿUbāb: "Yes, an exception to this rising immediately after the salām applies to the Fajr prayer, due to the authentic report that the Prophet ﷺ, when he prayed Fajr, would remain seated until the sun rose." He further cites, from al-Khādim, the ḥadīth concerning one who recites, at the conclusion of the Fajr prayer while still in the position of crossing his leg to rise: "Lā ilāha illā Allāh, waḥdahu lā sharīka lah..." and the rest of the well-known ḥadīth. He comments that this makes explicit that this particular remembrance is to be recited before the worshipper turns his legs to leave, and the same applies to Maghrib and ʿAṣr, as reported in those contexts as well.
What is meant by "speech" in the relevant ḥadīth is extraneous worldly speech that is not called for after the prayer and for which there is no legitimate excuse. The remembrances reported to be recited upon concluding the prayer, however, do not fall under this category of extraneous speech, since they are themselves required by the sharīʿah.
Al-ʿAllāmah ʿAlī al-Shabrāmalsī states in his Ḥāshiyah ʿalā al-Nihāyah (Vol.1/P.551): "If someone greets a person with salām while he is occupied with reciting this remembrance [i.e., 'Lā ilāha illā Allāh...'], should he return the greeting — without this causing him to forfeit the promised reward, since he is engaged in an obligatory matter — or should he delay returning the greeting until he finishes, this being a legitimate excuse for the delay?" He continues: "I say: the more likely view is the former, and the prohibition on speech is to be understood as applying to extraneous speech for which there is no legitimate excuse. Based on this, should the worshipper give precedence to this remembrance ('Lā ilāha illā Allāh...') or to reciting Sūrat al-Ikhlāṣ ('Qul huwa Allāhu aḥad')? This requires consideration, though it is not unlikely that the remembrance takes precedence, given that the Lawgiver urged hastening to it through his words 'while crossing his leg.' This is not considered ordinary speech, since it is not extraneous to what is required after the prayer."
Accordingly, it is recommended for both the imam and those praying behind him to recite this remembrance and to give it precedence over the other remembrances of the prayer, ensuring it is said before they move from their place. And Allah the Almighty knows best.

What is the ruling on a person in a state of major impurity (junub) walking or eating before performing the ritual bath?

It is from the Sunnah for a Muslim to hasten to perform the ritual bath for major impurity. However, if he delays it, he does not sin provided he does not miss the prayer. It is permissible for the junub to walk, eat, drink, and sleep. It is recommended for him to perform ablution before these actions to reduce the state of impurity, although the best is for him to perform the ritual bath. And Allah the Almighty knows best.

What is the ruling on making up missed prayers during prohibited times?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to make up (qada’) missed prayers at any time, even during the periods when prayer is generally prohibited. The prayers that are forbidden and considered invalid during these times are 'absolute voluntary prayers' (nafl mutlaq)—which have no specific cause—and voluntary prayers whose cause follows the prayer itself, such as the Sunnah of entering Ihram or the Sunnah of the Istikharah prayer. Furthermore, no prayer is considered disliked (makruh) during these prohibited times when performed within the Meccan Sanctuary (Makkah al-Mukarramah).
 
It is stated in Bushra al-Karim (Vol.1/P.181), one of the Shafi’i texts: 'It is not forbidden to perform prayers that have a cause that is not delayed (i.e., the cause is preceding), such as making up a missed prayer (fa’itah)—even if it was a voluntary one—and the funeral prayer (janazah); or a cause that is simultaneous, such as the prayer for rain (istisqa’) or the eclipse prayer (kusuf)... and the Sunnah of wudu, the greeting of the mosque (tahiyyat al-masjid), the Sunnah of circumambulation (tawaf), the Sunnah of arrival, and the prostrations of recitation (tilawah) or thankfulness (shukr). These mentioned prayers and their like are not forbidden provided that one does not specifically intend (ta'ammud) to perform them during the disliked time because it is a disliked time. If one does so intentionally, it becomes forbidden, even if it is a mandatory makeup prayer that is due immediately; because in that case, one is acting in defiance of the Sharia. This is in contrast to when one does not specifically seek out that time, even if the prayer happens to fall within it, or if one seeks it for another purpose—such as delaying a funeral prayer to that time so that a larger number of people may pray over the deceased; in such cases, it is permissible and valid... And it is forbidden to perform prayers with no cause at all, like absolute nafl, or those with a delayed cause, such as the Istikharah prayer, the prayer for Ihram, the prayer for a need (hajah), the prayer before leaving the house, or the prayer before execution; because their causes occur after the prayer itself.' And Allah the Exalted knows best."

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.