Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(227): "Ruling on Praying Jumu`ah in More than One Mosque in the Same Town"

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

What is the meaning of the Prophetic statement that a boy is held in pledge (murtahan) for his 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The first interpretation: That if the boy dies in infancy without an 'aqīqah having been performed on his behalf, he will not intercede for his parents on the Day of Resurrection. This is the position of Imam Aḥmad ibn Ḥanbal, and Imam al-Khaṭṭābī concurred with him, stating: "The finest of what has been said regarding this matter is the position adopted by Aḥmad ibn Ḥanbal." — [Fatḥ al-Bārī by Ibn Ḥajar,{Vol.9/P.594]
The second interpretation: That the child is likened to a pledged object (marhūn) — one from which full benefit and enjoyment cannot be derived until it is redeemed. A blessing is only made complete upon the one blessed when they fulfil the obligation of gratitude (shukr), and the prescribed expression of gratitude for this particular blessing is what the Prophet ﷺ established as Sunnah — namely, the slaughtering of the 'aqīqah on behalf of the newborn as an act of thankfulness to Allah the Almighty and as a supplication for the wellbeing and safety of the child. This is the position of Mullā 'Alī al-Qārī. See: [Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ, Vol.7/P.2688]
And Allah Almighty knows best.

Does passing wind from the anus affect ritual purity?

Ablution is nullified by the passing of wind from the anus, but washing the anus is not required as wind leaves no impurity.

What is the ruling of Islamic Law on supplicating with other than the transmitted (Ma'thur) supplications in prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible to supplicate (make du'a) during the prayer for anything from the affairs of religion or worldly life, and the prayer is not invalidated by doing so.
Shaykh al-Islam, the Imam an-Nawawi, may Allah have mercy on him, says: "Our madhhab [i.e., the Shafi'i madhhab] holds that it is permissible for a person to supplicate during it [the prayer] with anything that is permissible to supplicate with outside the prayer, from the affairs of religion or worldly life. He may say: 'O Allah, grant me wholesome sustenance, offspring, a house, and a beautiful young wife' — describing her; or: 'O Allah, free so-and-so from prison,' or 'destroy so-and-so,' and other such things — and none of this invalidates his prayer according to us. And this is also the view of Malik, ath-Thawri, Abu Thawr, and Ishaq." [Al-Majmu', Vol.3/P.454]. And Allah, the Exalted, knows best.

What is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.