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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 28-11-2016

Resolution No.(227) by the Board of Iftaa`, Research and Islamic Studies.

"The Ruling on Praying Jumu`ah in more than one Mosque in the Same Town"

Date: (23/Shawal/1437 AH), corresponding to (28/7/2016 AD).

 

All perfect praise be to the Lord of the Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

On the above date, the Board reviewed the question sent from the Ministry of Awqaf and Islamic Affairs and Holy Places, and it reads as follows:

What is the ruling on praying Jumu`ah in more than one mosque in the same town?

After deliberations, the Board decided the following:

Jumu`ah was called as such because it brings people together in one place. Until recently, Jumu`ah was held in the big Jaami` mosque (i.e. the main or central mosque of a town, city or village). When Muslims became numerous and mosques could no longer accommodate them, praying Jumu`ah in more than one mosque has become a necessity. However, holding it in more mosques than what is actually needed is a matter of disagreement amongst the Muslim scholars. For example, the majority of the Shafii, Maliki and Hanabali scholars have considered holding  Jumu`ah in more than one mosque in the same town for no valid reason unlawful. Doing this is lawful if the Jaami mosque is too small to accommodate the number of the people who pray in it or the town has expanded to a level where it is difficult for all its residents to pray in one mosque.

Pointing out the conditions for the validity of the Jumu`ah prayer, Al-Khateeb Ash-Shirbini (May Allah have mercy on him) said: " ………..Third: It shouldn`t be preceded by another Jumu`ah nor coincide with one, unless the town was too expanded and it became difficult for its residents to pray in one mosque. In this case, it is lawful for them to pray Jumu`ah in more than one mosque as much as actually needed." {Moghni Al-Mohtajj}.

Sheikh Miarah, a Maliki scholar, stated: "The apparent view of the Maliki scholars is that they unanimously agree that it is unlawful to pray Jumu`ah in two mosques in a small town. Their disagreement pertains to the big town……their  famous opinion is that it is unlawful. However, people, in my time, consider it lawful because it is difficult for the residents of a big town to pray in one mosque." {Ad-Dur Al-Thameen, pp.363}.

Al-Imam Al-Mardawi (May Allah have mercy on him), a Hanbali scholar, stated: "It is unlawful to hold Friday or Jumu`a prayer in two mosques if there is no necessity for doing so, and this is the approved opinion of our Madhab (school of thought) as well as our fellow scholars. In a narration after Imam Ahmad Bin Hanbal: It is generally lawful, but this opinion is his (Ahmad`s). Al-Qadhi adopted the opinion of Imam Ahmad if there was a need to hold Friday prayer in more than one mosque. Need here means: the mosque is small, far or sedition is likely." {Al-Insaf, vol.2/pp.400}.

Moreover, the Hanafi scholars have two opinions in this regard. Their approved opinion is that it is lawful to hold Friday prayer in two mosques or more, even if there was no necessity, as is the opinion of Al-Imam Abo Hanifah and Mohammad Al-Hasan (May Allah have mercy on both of them).

Al-Imam Al-Sarkhasi (May Allah have mercy on him) stated: "Narrations have differed as regards holding the Friday prayer in two mosques in the same town. The more correct opinion of Abo Hanifah and Mohammad Bin Al-Hasan (May Allah have mercy on them both) is that it is lawful. However, there are two narrations after Abo Yousef: one says it is lawful and the other says it is not." {Al-Mabsoot, vol.2/pp.121}.

Ibn Abdeen stated: "It is lawful to hold the Friday prayer in many mosques according to the Hanafi school of thought, and its approved opinion…so as to ward off harm (sedition, the mosque is far or small) because obligating people to pray the Friday prayer in one mosque means forcing most of them to come from far places, and there is no Sharia-approved evidence that holding Friday prayer in more than one mosque is unlawful." {Ad-Dur al-Mokhtar ala Radd al-Mohtar}.

In conclusion, if it is possible for all the people of the same town to pray in one mosque safely, then this is more prudent because it goes in line with the spirit and the purposes of Sharia as far as uniting Muslims is concerned.

However, if that isn`t possible because the mosque is small or far or the town is too expanded or it was hard for people to come to that mosque, then praying Jumu`ah or Friday prayer in more than one mosque is lawful so long as it is done according to the actual need.

All in all, praying Jumu`ah in different mosques is valid and avails the praying person. And Allah Knows Best.

 

Chairman of Ifta` Board, Sheikh Abdulkareem Al-Khasawneh

Vice Chairman of Ifta` Board, Prof. Ahmad Hilayel

Dr. Wa`el Arabiat, Member

Dr. Yahia Botoosh/ Member

Sheikh Sa`eed Hijjawi/ Member

Prof. Abdulnaser AbulBasal/ Member

Pro. Abdullah Fawaz/ Member

Judge Khaled Al-Woraikat/ Member

Dr. Mohammad Khai Al-Esa/ Member

Dr. Mohammad Youis Al-Zou`bi

Dr. Mohammad Khai Al-Esa/ Member

 

 

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Summarized Fatawaa

A woman has asked her husband for Khulu`, her gold, deferred portion of the dowry and furniture. Is she entitled to that, knowing that her husband doesn`t want to divorce her?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Khulu`* can`t takes place save before a judge of Sharia and he has the authority to make the suitable decision in this matter. And Allah The Almighty Knows Best.
* Khulu' is when parties agree to separate by way of consent, usually upon terms such as the wife agreeing to repay her Mahr (dowry) to the husband upon him agreeing to grant Talaq. The iddah period (waiting time after a divorce) of a woman who seeks a khula, is one menstrual cycle or one month if she is post-menopause i.e. ceased menstruating. This is to ensure she is not pregnant. This differs from when a man gives a talaq; the iddah period is three cycles or three months.

Is it permissible for a woman who has become pure before the end of forty days of confinement to perform different acts of worship? and is it lawful for her husband to have sex with her?

Once postpartum bleeding ceases and she is certain that it won`t happen again, she becomes pure, and so she should perform Ghusl (ritual bath), pray, and fast. She can also have sex with her husband even before the end of (40) days because the minimum of postpartum bleeding is a moment, and the maximum is (60) days. However, the postpartum bleeding for the majority of women is (40) days, but this does not apply to rest of them.

Is it permissible for a person who hasn`t made ablution to call for prayer (Adhan)?

All perfect praise be to Allah, The Lord of The Worlds.                                                                                                                                                                      It is disliked for a person with a minor impurity to call for prayer, but if he does , then it`s valid and sufficient. And Allah Knows Best.

My father passed away before my grandfather. Am I entitled to any share of my grandfather`s inheritance?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
According to Islamic courts, you are entitled to what is called obligatory bequest (The distribution of estate to grandchildren who has either lost a parent before the death of the grandparents). Therefore, if your grandfather left such bequest for you, then take that share or else it is more prudent to take nothing. And Allah The Almighty Knows Best. 

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