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Resolutions of Iftaa' Board

Resolution No.(220): "Ruling on the Permissibility of the two Athans for the Friday Prayer"

Date Added : 21-12-2015

Resolution No.(220)(10/2015) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on the Permissibility of the two Athans for the Friday Prayer"

Date: 24/Thulhijjah/1436 AH, corresponding to 8/10/2015 AD.

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
On the above given date, the Board reviewed the question sent by some citizens, and it reads as follows:

Nowadays, some students of Islamic Sharia argue that the Sunnah is to have one Athan (Call for prayer) for Friday prayer and it should be pronounced  after the Imam sits on the pulpit (Mimbar),  and not two Athans as the Sunnah which used to be practiced by the Caliphate Othman Bin Affaan (May Allah be pleased with him). As a result, this matter has led to dispute in some mosques. Would you kindly clarify the ruling of Islamic Sharia on this issue and issue a Fatwa in this regard in order to settle the dispute and  to ward off the trial?

After researching and deliberating, the Board decided what follows:
 In the lifetime of the Prophet (PBUH), the Athan for Friday prayer used to be pronounced after the Imam sat on the pulpit , and there is no dispute about its permissibility, as stated by Ibn Qodamah: "There is no dispute about the permissibility of the Athan for Friday prayer which is pronounced after the Imam sat on the pulpit, as it used to be in the lifetime of the Prophet (PBUH)." As-Saa`b Ibn Yazeed said: "In the lifetime of the Prophet, Abu Bakr and `Umar, the Adhan for the Jumua prayer used to be pronounced when the Imam sat on the pulpit." (Bukhari).
As regards pronouncing the Athan before the Imam sat on the pulpit, it is the Sunnah of Uthman Bin Affaan and it was approved by the Prophet`s companions, so this proves that it is permissible. The wisdom behind this Athan is to remind the people to get ready for the Friday prayer, one hour before its due time. As a result, this Athan remained until present, following the Sunnah of the rightly guided Caliphs (May Allah be pleased with them). The Messenger (PBUH) said: "So you must keep to my Sunnah and to the Sunnah of the Caliphs Ar-Rashideen (the rightly guided caliphs), those who guide to the right way. Cling to it stubbornly [literally: with your molar teeth]. " {Mosnad ahmad}.

Nowadays, although the time between the two Athans for Friday prayer is short, it fulfills the essential purpose observed in the Sunnah of the Caliph Uthman Bin Affan (May Allah Be Pleased with him), giving prayer performers extra minutes to reach the mosque before the Imam sits on the Pulpit.

There is no sound reason for denying this Athan (the one pronounced before the Imam sits on the pulpit), nowadays, as it fulfills the aim of the Sunnah which used to be practiced by Uthman, 
and since its permissibility is based on the fact that the Prophet`s companions approved it. This is despite the fact that some traditions describe this Athan as one of the newly invented matters (in religion), as reported by Ibn Rajab in his book [Fateh Al-Bari, vol.8/pp.218-220]. It is considered newly invented (Mohdath) in the sense that it wasn`t pronounced in the lifetime of the Prophet (PBUH), and it isn`t intended for banning and forbidding. In fact, the companions invented as well as sanctioned it, and since there is no Sharia-approved evidence that it is forbidden, the four juristic schools have agreed that it is lawful as follows:

[Hashyat Ibn Adeen], a Hanafte book, stated: "The second Athan for Friday prayer is pronounced after the Imam sits on the pulpit, as a Sunnah."

[Manh Al-Jaleel], a Malikite book, stated: "The first Athan for the Friday prayer is a Sunnah."

[E`anat At-Talibeen], a Shafite book, stated: "The two Athans for the Friday prayer are permissible."

[Kash-shaaf Al-khina]," a Hanbalite book, stated: "The first Athan for the Friday prayer is recommended because Uthman has kept it as Sunnah and was observed by the Muslim Nation."

Pronouncing the Athan for the Friday prayer twice is effective in Jordan as determined by the Ministry of Awqaf, Islamic Affairs and the Holy Sites. It is also adopted in the rest of  the Muslim World. Therefore, those who have a different opinion in this regard based on their Ijtihad (independent reasoning) aren`t allowed to create dispute and conflict in mosques to impose their view. In addition, they aren`t allowed to criticize others for not following suit. And Allah Knows Best.

 

Chairman of the Iftaa` Board, The Grand Mufti of Jordan: Sheikh AbdulKareem al-Khasawneh
Vice-Chairman of the Iftaa` Board, Dr. Ahmad Hilayel
Prof. Abdulnasser Abulbasal / Member
Dr. Yahia al-Botoosh / Member
Sheikh Sae`id Hijjawi / Member
Prof. Mohammad al-Qhodat / Member
Dr. Mohammad Al-Khalayleh / Member
Dr. Mohammad Khair Al-Esa / Member
Dr. Mohammad  al-Z`obi / Member

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Summarized Fatawaa

My father has debts and asked me to repay them years ago, and I promised him I would do so upon his death — is it permissible for me to go back on my promise given that I am unable to repay them, especially since he refuses to contribute to repayment on the grounds that the debt has become my responsibility by virtue of my promise?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The established principle is that a father's debt is to be repaid from his own wealth, if he possesses sufficient means. As for the promise made by the son to repay it on his father's behalf, fulfilling such a promise is strongly recommended, and breaking it is considerably disliked. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Fulfilling a promise is emphatically recommended, and breaking it is severely disliked. The evidences for this from the Qurʾān and the Sunnah are well known." [Rawḍat al-Ṭālibīn,Vol. 2/P.278] Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, further states: "The reason fulfilling a promise is not obligatory and breaking it is not forbidden is that a promise is in the nature of a gift, and a gift does not become binding except upon receipt." [Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib,Vol. 2/P.487]
Given that the son does not possess the financial means to fulfil his promise to his father, breaking this promise falls beyond his capacity — and Allah does not burden a soul beyond what it can bear. Since the father himself possesses sufficient wealth to settle his own debt, repayment must be made from his own funds. Should he pass away before doing so, the debt is to be settled from his estate. And Allah the Almighty knows best.

Is Zakah (obligatory charity) due on leased property, and how is it calculated?

Zakah isn`t due on the leased property itself, but on the saved income from that property if it reached Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over saving it.

Can someone who begins a voluntary fast break it?

It is preferable for someone who begins an act of worship not to break it.
Allah the Exalted has said {what means}: "and let not your [good] deeds come to nought!" [Muhammad/33].
However, if a person starts a voluntary fast (nafl) and needs to break it, they are going against what is preferable, but there is no sin upon them.

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.

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