The Invalidity of Jumuah Salaat in Prison

INTRODUCTION

Like every other Salaat and every other act of ibaadat, Jumuah Salaat too has several shuroot (conditions) for its discharge and validity. Ibaadat is not valid without observance of the conditions prescribed by the Shariah.

In some quarters ignorant persons who, having no understanding of the Shariah, are claiming that Jumuah Salaat is obligatory on all and sundry solely by virtue of the Qur`aanic command:

“O People of Imaan! When you are called (by the Athaan) on the Day of Jumuah, then hasten to the Thikr of Allah (i.e. the Jumuah Khutbah and Salaat)..."

This is their sole basis for clamouring that Jumuah Salaat is compulsory in prisons notwithstanding the absence of the shuroot prescribed by the Shariah for its validity. If this legless and absurd argument has to be entertained and accepted, it will follow that the performance of the daily five Salaat and the payment of Zakaat, are compulsory on all and sundry regardless of their conditions, simply because the Qur`aan Majeed commands repeatedly:

“O People of Imaan! Establish Salaat and pay Zakaat...."

Every person who does not opt for deliberate blindness and intransigence will understand that an act of ibaadat devolves on a person only if the conditions for its validity are found and met.

In this small tract, we have explained the Shariah’s ruling which prohibits Jumuah Salaat in a prison and which renders it baatil (null and void).

People should understand that ibaadat is not for self-satisfaction and for gaining aggrandizement or for show. The purpose of ibaadat is to gain Allah’s Pleasure. Such Pleasure is obtainable only if the ibaadat is validly discharged and based on a sincere niyyat (intention). In a place where Jumuah is not valid, it will be sinful to perform a mock ‘Jumuah’ Salaat. Such performance will not absolve the errant ones from the obligation of Zuhr Salaat which they had abandoned for attaining fulfilment of their nafsaani desire to perform Jumuah in a place where Jumuah is not valid. Those who have become embroiled in this kind of nafsaani politics should abandon their intransigence and offer Qadha of the Zuhr Salaat which they have abandoned in favour of their mock Jumuah Salaat.

Only those who desire guidance and rectitude will acquire it. May Allah Ta`ala give us all the taufeeq to understand and accept the Haqq.

MUJLISUL ULAMA OF SOUTH AFRICA
P. O. BOX 3393
PORT ELIZABETH 6056
SOUTH AFRICA

JUMUAH SALAAT ACCORDING TO THE FOUR MATH-HABS

JUMUAH SALAAT

(HANAFI MATH-HAB)

RAKA’TS

Jumuah Salaat consists of 14 raka’ts as follows:

4 raka’ts Sunnatul Muakkadah

2 raka’ts Fardh

4 raka’ts Sunnatul Muakkadah

2 raka’ts Sunnatul Muakkadah

2 raka’ts Nafl

KHUTBAH

After the 4 Sunnatul Muakkadah raka’ts, the Imaam has to recite two Khutbahs from the Mimbar in the standing position. The Imaam will sit on the Mimbar for a short pause after completing the first Khutbah.

The Khutbah has to be compulsorily recited before the Fardh Salaat. If it is recited after the Fardh Salaat, it (the Jumuah Salaat) will not be valid.

THE OBLIGATION (WUJOOB) OF JUMUAH

Jumuah is Waajib on the following persons:

. MUQEEM (resident of a place) -- Muqeem means person who is a permanent resident or a musaafir (traveller) who has made an intention of staying 15 days or more at the place where Jumuah is being performed. Thus, Jumuah is not incumbent on a Musaafir.

. SAHEEH (Healthy person) – Jumuah is not Waajib on such ailing and aged persons who are unable to go to the Musjid.

. FREE MEN – Jumuah is not compulsory on slaves.

. MALES -- Jumuah is not compulsory on females.

. EXEMPTION

Exemption from Jumuah, (i.e. Jumuah will not be Waajib) will apply in the following cases:

Excessive rain, wind/storms, etc.

Caring for a gravely ill person who requires constant attention.

Fear of enemies or other danger.

Minors – Jumuah is not compulsory on those who have not attained puberty.

If any of these persons on whom Jumuah is not obligatory, attends Jumuah, their Salaat will be valid.
CONDITIONS FOR THE VALIDITY OF JUMUAH

The conditions for the validity of Jumuah are:

. CITY -- The place where Jumuah is performed should be a city or town. Jumuah is not valid in villages or in the forest. A village in this context is a small settlement in which all the daily requirements of the community are not available. It also lacks important facilities such as a court, police station, etc., which bestow the character of a city or town to a place.

. ZUHR TIME – It must be the time of Zuhr. Jumuah is not valid before or after Zuhr time.

. KHUTBAH – Recitation of the Khutbah facing the jamaat (congregation).

. JAMAAT (Congregation) – The presence of three Muqtadis in addition to the Imaam is essential. The three Muqtadis should be present from the beginning of the Khutbah until at least the Sajdah of the first raka’t. It is also essential that the three Muqtadis be adult males.

. ITHNUL AAM (General Consent) – Jumuah Salaat should be performed in a place where all have access. If Jumuah is performed in such a venue which is not open to the general Muslim public, then it (the Jumuah) will not be valid. If the Musjid doors are closed, thereby preventing some Muslims from entering, then the Jumuah Salaat will not be valid. Jumuah will also not be valid in a prison on account of the lack of the condition of Ithnul Aam.
If Jumuah is held at a university where all Muslims do not have the permission for attending the Jumuah, then it (Jumuah) will not be valid.

THE KHUTBAH

After the Imaam has seated himself on the Mimbar, the Muath-thin will stand directly in line with the Imaam (i.e. between the Mimbar) and recite the Athaan. Although the Muath-thin preferably stands in the first saff when reciting this Athaan, it is permissible to stand in any saff but he should ensure that he is in line with the Mimbar.

. The Imaam should stand while reciting both Khutbahs.
. The sitting pause between the two Khutbahs has to be the duration of three ‘Subhaanallaah’, i.e. as long as it will take to say ‘Subhaanallaah’ thrice. The pause may even be a bit longer.

. Before commencing the Khutbah, the Imaam should recite silently Ta-awwuth (i.e. A-oothu billaah...)

. Both Khutbahs should be in Arabic.

. When the Imaam rises with the intention of proceeding to the Mimbar, then everyone present must cease all acts of Ibaadat. It is Waajib to listen to the Khutbah. It is not permissible to engage in any act, be it thikr, while the Imaam is reciting the Khutbah.

. If the Khutbah commences while one is performing the 4 raka’ts Sunnatul Muakkadah, these should be completed.

. When the Imaam mentions the name of our Nabi (sallallahu alayhi wasallam) during the Khutbah, the audience should ‘recite’ Durood in their hearts.

. There should be no delay in commencing the Fardh Salaat after the termination of the Khutbah. If indulgence in a worldly act causes a considerable delay, then the Khutbah should be repeated. A delay caused by a Deeni act such as Wudhu, will not necessitate the repeat of the Khutbah.

SHAAFI MATH-HAB

RAKA’TS


Jumuah
Salaat
consists
of
10
raka’ts
as
follows:

4
raka’ts
Sunnatul
Muakkadah

2
raka’ts
Fardh

2
raka’ts
Sunnatul
Muakkadah

2
raka’ts
Nafl.

THE
OBLIGATION
(WUJOOB)
OF
JUMUAH

Jumuah
is
compulsory
on
the
following
persons:

MUQEEM
--
(resident
of
a
place).
If
a
person
is
not
a
resident
of
the
place
where
Jumuah
is
being
performed
then
Jumuah
will
not
be
obligatory
on
him.
Thus
Jumuah
is
not
incumbent
on
a
Musaafir.
if
the
Musaafir
makes
an
intention
of
staying
at
least
four
days
in
the
place
where
Jumuah
is
performed,
then
he
will
be
regarded
as
a
Muqeem
and
Jumuah
will
be
incumbent
on
him.



SAHEEH
(Healthy
person)
–
Jumuah
is
not
obligatory
on
the
ailing
who
are
unable
to
attend.




FREE
MEN
--
Jumuah
is
compulsory
on
only
free
men,
not
on
slaves.




MALES
–
Jumuah
is
compulsory
on
only
males,
not
on
females.




EXEMPTION
-
Exemption
from
the
obligation
of
Jumuah
applies
in
the
following
cases:




Excessive
rain,
wind/storms,
etc.Any
valid
situation
e.g.
fear,
danger,
caring
for
a
sick
person
requiring
constant
attention,
etc.



Jumuah
is
not
compulsory
on
minors.




If
any
exempted
person
attends
Jumuah;
his
Jumuah
will
be
valid.

CONDITIONS
FOR
THE
VALIDITY
OF
JUMUAH

The
following
are
the
conditions
for
the
validity
of
Jumuah:

DAARUL
IQAAMAT
–
The
place
where
Jumuah
is
being
performed
should
be
such
a
city,
town,
village,
etc.
in
which
those
who
will
be
performing
Jumuah
are
residents.
The
place
should
be
their
permanent
place
of
residence.
Thus,
Jumuah
will
not
be
obligatory
on
nomads
who
have
temporarily
camped
in
the
desert
even
if
they
are
numerous
in
number.




ZUHR
TIME
—
It
must
be
the
time
of
Zuhr.
Jumuah
is
not
valid
before
or
after
Zuhr
time.




KHUTBAH
—
Recitation
of
the
Khutbah
facing
the
Jamaat.




JAMAAT
(Congregation)
—
The
presence
of
at
least
40
males
on
whom
Jumuah
is
compulsory.
The
number
40
includes
the
Imaam.
If
the
Jamaat
consists,
for
example,
of
39
residents
and
one
Musaafir,
the
Jumuah
will
not
be
valid.
It
is
essential
that
the
40
be
present
from
the
beginning
of
the
Khutbah
to
the
end
of
the
Fardh
Salaat.




THE
KHUTBAH



1.
The
Imaam
should
stand
while
reciting
both
Khutbahs.

2.
There
should
be
a
sitting
pause
between
the
two
Khutbahs
for
the
duration
of
three
Subhaanallaah.
It
is
best
to
sit
for
the
duration
of
Surah
Ikhlaas
which
the
Imaam
should
recite
silently.


3.
Each
Khutbah
has
five
Arkaan
(fundamentals)
as
follows:


 
 
a)
Hamd
(the
recitation
of
Praise)
in
the
form
of
Al-hamdulillah.


 
 
b)
Recitation
of
Durood.


 
 
c)
Commanding
Taqwa.

 
 
d)
Recitation
of
a
Qur’aanic
verse
—
at
least
one
Aayat
which
conveys
an
understandable
meaning.


 
 
e)
Dua
for
all
the
Mu’mineen.




4.
Both
Khutbahs
should
be
in
Arabic.


5.
When
standing
on
the
Mimbar,
the
Imaam
should
firstly
greet
(make
Salaam)
to
the
audience.


6.
The
audience
should
compulsorily
listen
to
the
Khutbah
with
attention.


7.
There
should
be
no
delay
in
commencing
the
Fardh
Salaat
immediately
after
the
ending
of
the
Khutbah.


8.
The
Khutbah
should
compulsorily
be
recited
before
the
Salaat.

MAALIKI MATH-HAB

RAKA’TS


Jumuah
Salaat
consists
of
8
raka’ts
as
follows:

4
raka’ts
Sunnatul
Muakkadah

2
raka’ts
Fardh

2
raka’ts
Sunnatul
Muakkadah

THE
OBLIGATION
(WUJOOB)
OF
JUMUAH

Jumuah
is
compulsory
on
the
following
persons:

MUQEEM
(Resident
of
the
place)
—
A
Musaafir
(traveller)
who
makes
an
intention
of
staying
at
least
four
days
at
a
place,
will
also
be
regarded
as
a
Muqeem.
However,
although
Jumuah
is
obligatory
on
the
Musaafir
who
is
considered
a
Muqeem
on
account
of
his
4
day
intention,
the
Jumuah
will
not
be
valid
if
the
minimum
number
of
12
musallis
comprises
of
this
type
of
Muqeem.

SAHEEH
—
Jumuah
is
not
obligatory
on
a
sick
person
who
is
unable
to
attend
the
Jaami’
Musjid.
Health
is,
therefore,
a
condition
for
the
obligation
of
Jumuah.




FREE
MEN
—
Jumuah
is
obligatory
on
free
men,
not
on
slaves.




MALES
—
Jumuah
is
compulsory
on
only
males.

EXEMPTION
FROM
JUMUAH

Jumuah
is
not
incumbent
in
the
following
cases:

1.
Bad
weather
conditions,
e.g.
excessive
rain,
snow
storm.
etc.

2.
Fear
or
danger
whether
pertaining
to
person
or
property.=

3.
Illness.


4.
Any
other
valid
reason,
e.g.
caring
for
a
sick
person
who
requires
constant
attention;
imprisonment.


5.
Jumuah
is
not
compulsory
on
minors.




If
any
exempted
person
attends
Jumuah,
his
Jumuah
will
be
valid.

CONDITIONS
FOR
THE
VALIDITY
OF
JUMUAH

ISTEETAAN
—
Permanent
residency.
The
people
should
be
permanent
residents
of
the
city/town/village.




TIME
—
Jumuah
time
commences
from
the
inception
of
Zuhr
and
lasts
until
sunset.




JAMAAT
(Congregation)
—
The
presence
of
at
least
twelve
adult,
resident
males
besides
the
Imaam.




THE
IMAAM
—
The
Imaam
should
be
a
Muqeem
or
such
a
Musaafir
who
has
made
the
intention
of
staying
at
least
four
days.
It
is
also
essential
and
a
condition
for
the
validity
of
the
Jumuah
that
the
Imaam
who
leads
the
Salaat,
be
the
one
who
will
also
recite
the
Khutbah.




KHUTBAH
—
Two
Khutbahs
are
essential.




JAAMI
MUSJID
—
Jumuah
Salaat
is
valid
only
in
the
Jaami’
Musjid.
It
is
not
valid
in
homes,
open
fields,
prisons,
university
campuses,
etc.
The
Jaami’
Musjid
must
be
a
properly
constructed
structure
keeping
in
line
with
the
character
of
the
place.
If
the
houses/buildings
of
the
place
are
solid
structures
of
brick,
then
it
is
essential
that
the
Jaami’
Musjid
be
also
a
solid
structure
of
brick.
If
the
Musjid
is
made
of
timber
or
galvanized
sheeting
for
example,
in
a
place
where
the
buildings
are
elaborate
and
solid,
then
the
Jumuah
in
such
a
Musjid
will
not
be
valid.




THE
KHUTBAH

1.
The
Jumuah
Khutbah
consists
of
two
Khutbahs.

2.
The
Khutbah
has
only
one
RUKN
(Fundamental),
viz.
Tahzeer
(Warnings/admonition)
and
Tabsheer
(Glad-Tidings).


3.
The
pause
between
the
two
Khutbahs
when
the
Imaam
sits
on
a
Mimbar
should
be
the
duration
of
Surah
lkhlaas.


4.
It
is
obligatory
on
the
audience
to
listen
to
the
Khutbah
in
silence.


5.
A
condition
for
the
validity
of
the
Khutbah
is
that
it
should
be
in
the
Arabic
language
even
if
the
audience
is
non-Arab,
not
understanding
Arabic.
If
none
among
them
is
able
to
recite
the
Khutbah
in
Arabic
then
Jumuah
falls
away
from
them.
i.e.
the
Jumuah
obligation
is
waived.


6.
There
should
be
no
delay
in
commencing
the
Salaat
after
ending
the
Khutbah.


7.
The
Khutbah
must
be
recited
before
the
Jumuah
Salaat.

HAMBALI MATH-HAB

RAKA’TS


Jumuah
Salaat
consists
of
12
raka’ts
as
follows:

4
raka’ts
Sunnatul
Ghair
Muakkadah

2
raka’ts
Fardh

2
or
4
or
6
raka’ts
Sunnatul
Muakkadah

THE
OBLIGATION
(WUJOOB)
OF
JUMUAH

Jumuah
is
compulsory
on
the
following
persons:

MUQEEM
(Resident)
—
Jumuah
is
compulsory
on
only
a
Muqeem
or
such
a
Musaafir
who
has
made
an
intention
of
staying
more
than
four
days.




SAHEEH
—
Jumuah
is
compulsory
on
only
a
healthy
person.
Jumuah
is
not
compulsory
on
such
an
ailing
person
who
is
unable
to
attend
the
Jumuah.




FREE
MEN
—
Jumuah
is
obligatory
on
only
free
persons,
not
on
slaves.




MALES
—
Jumuah
is
obligatory
on
only
males,
not
females.




EXEMPTION
FROM
JUMUAH’

Jumuah
is
not
compulsory
in
the
following
cases:

1.
Extreme
weather
conditions,
e.g.
excessive
rain,
cold,
wind,
storms,
etc.


2.
Sickness
which
causes
harm/pain/deterioration
if
the
person
has
to
go
to
Jumuah.


3.
Danger
or
any
valid
reason
which
prevents
one
from
attending
Jumuah.


4.
Jumuah
is
not
compulsory
on
minors.




If
exempted
persons
attend
Jumuah,
it
(Jumuah)
will
become
obligatory
on
them.

CONDITIONS
FOR
THE
VALIDITY
OF
JUMUAH

The
following
are
the
conditions
for
the
validity
of
Jumuah:

1.TIME
—
It
must
be
the
valid
time
which
commences
from
Irtifaa-ush
Shams
and
ends
with
the
termination
of
Zuhr
time.
(Irtifaa-ush
Shams
or
when
the
sun
has
risen
a
spear’s
length
above
the
horizon.
This
is
the
time
when
Ishraaq
Salaat
can
be
performed.
This
time
is
about
15
minutes
after
sunrise).




2.
The
place
where
Jumuah
is
performed
should
be
a
city/town/village
where
at
least
40
adult
Muslim
males
are
permanent
residents.




3.
The
presence
of
at
least
40
males
who
are
residents.
This
minimum
of
40
must
consist
of
permanent
residents.
A
Musaafir
who
has
made
the
intention
of
staying
more
than
4
days
will
not
qualify
as
a
member
of
the
40
residents
necessary
for
the
validity
of
Jumuah.
Thus,
if
the
congregation
consists
of
39
permanent
residents
and
one
Musaafir
who
has
intended
a
stay
of
more
than
four
days,
then
inspite
of
Jumuah
being
Waajib
on
this
Musaafir;
the
Jumuah
will
not
be
valid.


(Jumuah
being
Waajib
–
compulsory
–
on
such
a
Musaafir
will
mean
that
if
he
happens
to
be
in
such
a
place
where
there
are
at
least
40
permanent
adult
Muslim
male
residents.)
The
number
40
cannot
be
made
up
with
such
Musaafirs
who
became
Muqeem
by
the
intention
of
staying
more
than
4
days).




4.
KHUTBAH
—
The
Jumuah
Khutbah
consists
of
two
Khutbahs.

THE
KHUTBAH

1.
The
Jumuah
Khutbahs
validity
depends
on
the
following
acts:



 
 
a)
Hamd
(Praise)
of
Allah
Ta’ala.

 
 
b)
Salaat
(Durood)
on
Rasulullah
(sallallahu
alayhi
wasallam).

 
 
c)
Recitation
of
at
least
one
Qur’aanic
Aayat.

 
 
d)
Commanding
Taqwa
(Fear
of
Allah).

 
 
e)
The
presence
of
40
adult
Muslim
males
who
are
residents
of
the
place.



2.
Among
the
Sunnat
factors
of
the
Khutbah
are:




 
 
a)
Delivery
of
the
Khutbah
from
the
Mimbar.

 
 
b)
Making
Salaam
to
the
Jamaat
(i.e.
greeting
them)
when
facing
them.



 
 
c)
Sitting
on
the
Mimbar
until
completion
of
the
Athaan.




 
 
d)
Sitting
between
the
two
Khutbahs
for
the
duration
of
Surah
Ikhlaas.




 
 
e)
The
Khateeb
should
face
the
audience
while
reciting
the
Khutbah.




 
 
f)
The
Khateeb
should
stand
and
recite
the
Khutbah.




 
 
g)
The
first
Khutbah
should
be
longer
than
the
second.

 
 
h)
Dua
for
the
Muslimeen.

3.
The
Khutbah
will
not
be
valid
in
a
language
other
than
Arabic
if
the
Khateeb
is
able
to
recite
Arabic.




4.
There
should
be
no
delay
in
starting
the
Jumuah
Salaat
immediately
the
Khutbah
ends.




5.
The
Khutbah
should
compulsorily
be
recited
before
the
Salaat.

THE INVALIDITY OF JUMUAH SALAAT IN PRISON

ACCORDING TO THE FOUR MATH-HABS

Jumuah Salaat is not valid in a prison according to all four Math-habs.

The validity of Jumuah Salaat is dependant on a variety of conditions (Shuroot). Since the condition of Ithnul Aam (General Consent) is lacking in prison, Jumuah Salaat will not be valid according the Hanafi Math-hab.

In prison the following two conditions are lacking according to the Shaafi Math-hab:

1. Daarul Iqaamat.

Forty resident males to be present in the Jamaat.
Thus, according to the Shaafi Math-hab, Jumuah Salaat is not valid in prison.
In terms of the Maaliki Math-hab the following essential conditions for the validity of Jumuah Salaat are lacking in a prison:

1. Isteetaan (Permanent residency).

2. Jaami’ Musjid.

Thus, according to the Maaliki Math-hab, Jumuah Salaat is not valid in prison.

According to the Hambali Math-hab, Jumuah Salaat in a prison is not valid because the condition of forty adult males who are permanent residents, is lacking. Prison is not the place of permanent residency.

Some argue that Jumuah in prison is valid because the prison authorities give their consent. This argument is utterly baseless. It is absolutely devoid of Shar’i substance. The validity of Jumuah does not require the consent of the kuffaar prison authorities. The requisites of its validity are the Shuroot prescribed by the Shariah.

The restricted consent of the prison authorities (i.e. their permitting the prisoners to perform Jumuah Salaat in prison) is NOT the Ithnul Aam stated in the Hanafi Math-hab. The Ithnul Aam prescribed by the Hanafi Math-hab refers to the General Consent extended to the Muslim public at large – that those outside the prison enjoy the unfettered freedom to enter the place where Jumuah Salaat is being performed.

The Fuqahaa have ruled in the very inceptional stage of Islam that Jumuah Salaat is not valid in even a Muslim prison in Daarul Islam in view of the lack of the condition of Ithnul Aam.

THE SHARIAH’S RULING

The
following
are
the
rulings
of
the
Shariah
stated
in
the
authentic
Books
of
Fiqh.

The
term
‘Makrooh’
in
the
context
of
this
article
means
Makrooh
Tahrimi
which
refers
to
a
reprehensible
act
which
is
not
permissible.
Its
commission
is
sinful.
It
is
a
punishable
offence.

(1)
 “It
is
Makrooh
for
the
sick
to
perform
Zuhr
with
Jamaat
on
the
Day
of
Jumuah,
and
similarly
is
it
for
the
inmates
of
the
prison.”


(Qudoori,
Kanzud
Daqaaiq,
Sharhul
Wiqaayah,
Sagheeri,
Hidaayah,
etc.)

(2) 
“Verily,
performance
of
Zuhr
with
Jamaat
is
Makrooh
on
Fridays
without
restriction
(i.e.
for
all
those
who
are
unable
to
attend
a
valid
Jumuah
Salaat)
.....
Verily,
they
should
perform
Zuhr
in
the
city
without
Athaan,
without
Iqaamah
and
without
Jamaat.




.
Walwaalji
stated
that
they
should
not
perform
(Zuhr)
on
Fridays
in
a
city
with
Jamaat;
neither
should
they
give
Athaan
nor
Iqaamah
in
prison
and
elsewhere
(where
Jumuah
is
not
valid).




.
It
is
preferable
for
the
sick
person
to
delay
(Zuhr)
Salaat
until
the
Imaam
has
completed
Jumuah
Salaat.
If
he
does
not
delay
it,
it
is
Makrooh.
This
is
the
authentic
view.”


(Bahrur
Raa-iq)




(3) 
“It
is
Makrooh
for
the
sick
and
the
prisoners
to
perform
Zuhr
with
Jamaat
in
the
city
(on
Fridays).
This
is
narrated
from
Hadhrat
Ali
(radhiyallahu
anhu)”


(Tabyeenul
Haqaa-iq)




(4)
“It
is
Makrooh
for
the
sick
and
the
prisoners
to
perform
Zuhr
with
Jamaat
in
the
city
on
Friday
whether
it
be
before
the
Jumuah
has
completed
or
after
it”


(Ghunyatul
Mutamalli
fi
Sharhi
Munyatil
Musalli)




(5)
“It
is
Makrooh
Tahreemi
for
the
sick,
the
prisoners
and
the
traveller
to
perform
Zuhr
with
Jamaat
in
a
city
before
and
after
Jumuah...”


(Ad-Durrul
Mukhtaar)




(6)
“It
is
said
in
Al-Waaljiyyah:
On
Friday
Jamaat
of
Zuhr
Salaat
should
not
be
performed
in
prison
in
a
city
nor
should
Athaan
be
given
nor
Iqaamah.”


(Raddul
Mukhtaar)




(7)
“It
is
preferred
for
the
sick,
the
musaafir
and
the
inmates
of
the
prison
to
delay
Zuhr
until
the
Imaam
(in
the
city)
has
completed
the
Jumuah
Salaat.
If
they
do
not
delay,
then
it
will
be
Makrooh
in
the
authentic
view.
So
does
it
appear
in
Al-Wajeez
of
Al-Kardawi.”


(Alamghiri)




(8)
“In
the
city
Zuhr
with
Jamaat
is
Makrooh
for
the
sick
and
others
such
as
prisoners
and
travellers,
whether
before
the
completion
of
the
Imaam
(in
the
city)
or
after
it.
And,
Zuhr
Jamaat
of
city
inhabitants
is
Makrooh
(on
Fridays)
if
they
do
not
perform
Jumuah
because
of
some
obstacle.”




(9)
(Alamghiri)
“Salaatuz
Zuhr
is
Makrooh
on
the
Day
of
Jumuah
with
Jamaat
in
the
city
in
a
prison
or
other
than
a
prison.
In
this
way
has
it
been
narrated
from
Hadhrat
Ali
(radhiyallahu
anhu),
and
in
this
manner
has
the
practice
been
constant
(down
the
ages).....”


(Al-Badaaius
Sanaa-i
and
Al-Mabsootus
Sarakhsi)




(10)
“Performance
of
Zuhr
with
Jamaat
in
the
city
on
Fridays
is
Makrooh
for
those
who
are
incapacitated
such
as
the
sick,
slaves,
travellers
and
prisoners.
This
has
been
narrated
from
Hadhrat
Ali
(radhiyallahu
anhu).
This
is
so
whether
it
is
before
Jumuah
Salaat
(of
the
city)
or
after
it.”


(Haashiyah
Tahtaawi)The
Ruling
of
the
Hanafi
Math-hab
on
this
question
should
thus
be
clearer
than
daylight
for
those
who
have
any
doubts
in
this
regard.

THE CONDITION OF ITHNUL AAM

The
invalidity
of
Jumuah
Salaat
in
prison
according
to
the
Hanafi
Math-hab
is
based
on
the
absence
of
the
condition
of
ITHNUL
AAM.
The
other
three
Math-habs
have
their
own
basis
and
arguments
for
the
invalidity
of
Jumuah
in
prison.

Ithnul
Aam
means
permission
for
the
public
to
attend
the
Jumuah.
Jumuah
Salaat
according
to
the
Hanafi
Math-hab
is
not
valid
in
a
place
where
this
condition
is
lacking.
If
any
Muslim
is
debarred
from
the
venue
of
Jumuah
Salaat
or
the
doors
locked
on
the
public,
Jumuah
will
not
be
valid
in
such
a
place

This
is
not
the
occasion
to
provide
the
evidence
of
the
Hanafi
Math-hab
for
this
condition.
Here
it
will
suffice
to
state
that
Ithnul
Aam
is
a
Waajib
condition,
imperative
for
the
validity
of
Jumuah
Salaat.
The
Kitaab,
Mathaahibul
Ar’ba-ah,
sums
it
up
as
follows:

“The
seventh
condition
for
the
validity
of
Jumuah
is
Ithnul
Aam.
Therefore.
Jumuah
will
not
be
valid
in
a
place
from
which
some
Musallis
are
debarred.
If
the
Imaam
of
Jumuah
(or
the
king/
Sultan,
etc.)
performs
Jumuah
in
his
house
with
his
officials
and
servants,
then
it
will
be
valid
although
Makrooh.
But
the
condition
(for
its
validity)
is
that
he
opens
up
the
doors
of
the
house
and
permits
the
people
(i.e.
the
public)
to
enter.
Similar
is
the
case
of
the
fort.
Locking
the
fort
for
fear
of
the
enemy
(attacking
suddenly)
will
not
affect
the
validity
if
the
people
(the
public)
have
been
given
permission
to
enter.”

It
should,
however,
be
understood
that
although
Jumuah
Salaat
in
the
fort
of
the
Sultan
is
valid
if
permission
is
granted
to
the
general
public
to
enter,
performing
Jumuah
there
is
sinful.
Al-Mabsoot
of
Imaam
Sarakhsi
states
as
follows:

“If
the
Ameer
opens
the
doors
of
the
palace,
orders
the
Muath-thin
to
call
the
Athaan
and
the
people
assemble
in
the
palace,
then
this
will
suffice
(i.e.
for
the
validity
of
Jumuah).
The
meaning
of
opening
the
doors
of
the
palace
is
Ithnul
Aam
(granting
permission
to
the
public
to
enter)...
But
in
doing
so,
he
(the
Ameer)
is
sinful
because
the
place
prepared
for
the
performance
of
Jumuah
is
the
Musjid.
He
has
thus
abandoned
this
place...Therefore,
his
act
of
doing
this
is
in
conflict
with
the
Salf,
hence
he
is
sinful.

And,
if
he
does
not
open
up
the
door
of
his
palace
and
does
not
permit
the
public
entry,
and
he
performs
the
Salaat
with
his
officials
and
servants,
then
this
will
not
suffice
for
them
because
one
of
the
conditions
of
Jumuah
is
Ithnul
Aam
and
this
is
lacking
here.”

The
aforegoing
discussion
makes
it
clear
that:

Even
if
the
condition
of
Ithnul
Aam
is
fulfilled,
it
is
not
permissible
for
the
Sultan
to
have
Jumuah
Salaat
performed
in
his
palace
or
in
the
fort.


(2)
If
the
condition
of
Ithnul
Aam
(permission
for
the
public
at
large
to
enter)
is
lacking,
the
Jumuah
Salaat
performed
at
this
place
will
not
be
valid.


Now
when
this
is
the
position
of
Jumuah
Salaat
in
Daarul
Islam
where
the
Imaam
is
the
Sultan,
then
what
does
the
intelligence
say
regarding
a
mock
Jumuah
conducted
in
a
kaafir
prison
where
outsiders
are
NOT
allowed
to
participate
in
Jumuah
--
where
the
condition
of
Ithnul
Aam
is
not
met
--
where
inmates
are
assaulted
and
treated
like
dogs
or
worse
than
dogs?
The
Qur’aan
Majeed
says:

“And,
only
the
people
of
intelligence
take
lesson.”

Some
Ulama
have
attempted
to
legalize
Jumuah
in
prison
by
citing
the
example
of
the
Sultan
performing
Jumuah
in
his
palace
or
in
a
fort
with
his
soldiers,
etc.
Their
thinking
is
indeed
something
to
lament
about.

1)
Firstly,
even
when
Ithnul
Aam
exists
and
the
public
is
not
at
all
debarred
from
entry
into
the
palace
at
the
time
of
Jumuah
Salaat,
then
too
it
is
Makrooh
and
not
permissible
to
have
Jumuah
performed
there
notwithstanding
its
validity.




2)
Secondly,
If
the
condition
of
Ithnul
Aam
is
lacking,
Jumuah
Salaat
will
simply
not
be
valid
in
the
palace
or
locked
fort.
At
least
the
Sultan/Khalifah’s
fort
or
palace
has
greater
dignity
and
honour
than
the
filthy,
brutal
and
immoral
prisons
of
the
kuffaar.




3)
To
compare
the
kuffaar
prisons
with
the
Sultan’s
palace/fort
is
the
height
of
absurdity.
This
analogy
is
utterly
ridiculous.




4)
All
the
Fuqahaa
of
the
Salf-e-Saaliheen
era
--
all
the
Ulama-e-
Mutaqaddimeen
and
Ulama-e-Muta`akhkhireen
were
fully
aware
of
the
argument
of
the
Sultan’s
fort/palace.
Inspite
of
their
awareness,
they
unanimously
ruled
that
there
is
no
Jumuah
for
prisoners
in
the
prison.



(5)
This
ruling
of
the
invalidity
of
Jumuah
in
prison
is
as
old
as
Islam.
It
is
not
a
Ruling
which
can
be
abrogated
by
the
baatil
analogy
and
baseless
opinions
of
some
Ulama
of
this
liberal
age.




(6)
All
those,
including
Ulama,
who
claim
that
Jumuah
is
valid
in
prison
have
absolutely
no
proof
and
no
basis
for
their
claim
other
than
their
personal
opinion
which
is
in
conflict
with
the
clear-cut
and
unambiguous
Ruling
of
the
Fuqahaa
on
this
question.

THE NECESSITY OF THE ARABIC KHUTBAH

Another question of importance in relation to Jumuah Salaat is the recitation of the Jumuah Khutbah. Modernists, liberals and those who possess extremely loose ties with the Deen have set up a din for the Khutbah to be in the language of the people. The vital importance of the Arabic language for the Jumuah Khutbah is rejected and the Jumuah Khutbah is given the same status as an ordinary lecture or discourse by those who clamour for this change and shaitaani reform.

The ensuing pages will, Insha’Allah thoroughly demolish their ludicrous contention

The Jumuah Khutbah is a prescribed ibaadat which is the equivalent of two raka’ts Salaat, hence it has to be compulsorily recited in the Arabic language. The technical argument of its validity or invalidity if this obligatory rule is not adhered to does not detract from the imperative Shar’i need to recite the Khutbah in only Arabic. The introduction of any other language in the Jumuah Khutbah is bid’ah and haraam. It is haraam for Muslims to depart from the fourteen century Sunnah of the Ummah -- a Sunnah acquired from Rasulullah (sallallahu alayhi wasallam) and his Sahaabah (radhiyallahu anhum).

THE ESSENTIAL NEED OF RECITING

THE KHUTBAH IN ARABIC

According to the Maaliki and Hambali Math-hab, the Jumuah Khutbah will be valid only in the Arabic language.According to the Shaafi Math-hab, the condition for the validity of the Khutbah is that the Arkaan (fundamentals) of the Khutbah must be in Arabic. If the other parts of the Khutbah are not in Arabic, the Khutbah will be valid inspite of the sin of discarding the Sunnah of reciting the whole Khutbah in Arabic.

According to the Hanafi Math-hab, it is essential for the validity of the Khutbah that at least part of the Khutbah --such a part which can be classified as Thikr – be in Arabic. If the remainder is recited in any other language, the Khutbah will be valid, although this discardence of the Sunnah is bid’ah and a major sin.

Thus, recitation of the Khutbah in a language other than Arabic is unanimously not permissible according to all four Math-habs even though two Math-habs say that the Khutbah in this case is valid, despite the sin involved.

THE JUMUAH KHUTBAH AND ARABIC

There is absolutely no doubt in the fact that the Khutbahs recited by Rasulullah (sallallahu alayhi wasallam) and his Sahaabah were all in the Arabic language. This practice of reciting the Khutbah in Arabic was not confined to Arab audiences. Even after the non-Arab lands were conquered and Islam established its domination, the Khutbah continued to be recited in the Arabic language.

After the demise of Rasulullah (sallallahu alayhi wasallam), thousands of Sahaabah fanned out into the various parts of the world and took up residence in non-Arab lands. These Sahaabah who propagated the Deen to the newly converted Muslims recited the Jumuah Khutbah in only Arabic. Islamic history bears ample evidence to this irrefutable fact.

In the early days there was a greater need for Tableegh and Ta’leem since Islam was spreading among non-Muslims who were entering the fold of Imaan by the thousand. All these new converts had to be given the knowledge of Islam. While the Sahaabah fully involved themselves with the propagation of Islam among the non-Arab Muslims, they never utilized the Friday Khutbah as a medium for imparting Ta’leem. The Khutbah was retained in the Arabic language inspite of the audience being non-Arabs not understanding the Arabic language.

Among the Sahaabah there were many non-Arabs who propagated the Deen. Hadhrat Salmaan Faarsi (radhiallahu anhu) was a Persian. But, never was the Khutbah delivered in Persian. Hadhrat Zaid Bin Thaabit (radhiallahu anhu) was well versed in several languages, but he never recited the Khutbah in any non-Arabic language. Hadhrat Bilaal (radhiallahu anhu) was an African. Hadhrat Suhaib (radhiallahu anhu) was a Rumi. In his Sharhul Muatta, Hadhrat Shah Waliullah (rahmatullah alayh) states:

“When we view the Khutbahs of the Nabi (sallallahu alayhi wasallam) and his Khulafa (radhiallahu anhum), we discern a few things. Among these are the Hamd, the two Shahaadats, the Durood on the Nabi (sallallahu alayhi wasallam), commanding taqwa, tilaawat of the Qur`aan, dua for Muslims and the Khutbah being in Arabic. Because this has always been the permanent practice of all Muslims of the east and the west inspite of the fact that in many lands the audiences were non-Arabs.”

Thus, inspite of the audiences being non-Arabs, the permanent practice of the Ummah from the age of the Sahaabah was to recite the Khutbah in the Arabic language. Although the need in those days was greater for Tableegh/Ta’leem since it was the initial ages of Islam, the Khutbah was nevertheless retained in the Arabic language just as the Salaat and other acts of Ibaadat are always executed in Arabic. In view of the fact that the Khutbah is a Thikr in lieu of two raka’ts Salaat, it is necessary to recite it in Arabic.

In view of the indisputable historical evidence that the Khutbah was recited in Arabic throughout the long passage of Islam’s history from the very age of Rasulullah (sallallahu alayhi wasallam) and because the Khutbah is not an ordinary lecture, we find that all Mathaahib (Hanafi, Maaliki, Shaafi and Hambali) are unanimous in their verdicts on the need for the Khutbah to be in Arabic. Some of our brothers may seek to deny this fact by presenting certain technical interpretations and rulings of the Fuqahaa in this regard. However, their lack of understanding the technical meanings of the legal terms of the Fuqahaa (Jurists) cause them to draw erroneous conclusions.

The differences among the Fuqahaa regarding the Arabic recitation of the Khutbah pertain to the question of ‘ishtiraat’ or condition. According to some Fuqahaa, Arabic is not a condition (shart) for the validity of the Khutbah. As long as the five fundamental parts of the Khutbah are discharged in Arabic, the Khutbah will be valid. However, those who claim that Arabic is not a condition for the validity of the Khutbah, nevertheless aver that it is Makrooh Tahrimi (i.e. a forbidden act) to recite the Khutbah in a language other than Arabic.

There is a difference between validity and permissibility. An act may be valid without it being permissible. If a person comes into the Musjid clad in only a cloth which conceals his satr, the rest of his body remaining open and he performs Salaat in this way, his Salaat will be valid, but such an act is not permissible. If three talaaqs are issued simultaneously, the talaaq while valid is not permissible, i.e. although it is valid, it is sinful to issue talaaq in this way. If a person performs Salaat with the qiraa’t being recited in incorrect order, i.e. he deliberately reverses the order of the Surahs, then while his Salaat is valid, his act is not permissible. Similarly, according to those Fuqahaa who maintain that Arabic is not a shart (condition) for the validity of the Khutbah, reciting the Khutbah in a non-Arabic language will be valid, but not permissible.

It is entirely erroneous to conclude from the view that the Arabic language is not a shart for the Khutbah, that it is permissible to recite the Khutbah in a language other than Arabic. Only those who have failed to understand the language of the Fuqahaa will resort to such baseless interpretation. We shall now present the rulings of the four Math-habs on this question.

HANAFI MATH-HAB

“There is no doubt in the fact that the Khutbah in non-Arabic is in conflict with the Sunnat-e-Mutawaarithah of Nabi (sallallahu alayhi wasallam). It (reciting it in a language other than Arabic) is, therefore, Makrooh Tahrimi (which is a forbidden and a sinful act).”(Umdatur Riaayah)

SHAAFI MATH-HAB

The one view:

“It is a condition (for the validity of the Khutbah) that the Arkaan of both Khutbah be in the Arabic language. Thus, non-Arabic will not be sufficient when it is possible to learn Arabic. Regarding the other parts of the Khutbah which are not the Arkaan, Arabic is not a condition (for the validity of the Khutbah), but it is Sunnat.”
(Al-Mathaahibul Arba ‘ah, page 392, Vol.1)

The other view:

“It is a condition (shart -- for the validity of the Khutbah) that the whole Khutbah be in Arabic as has been the practice of the people (i.e. the Ummah of Islam)......... If there is no one among the Musallis who is versed with the knowledge of Arabic, then one of them shall recite the Khutbah in his language. And, it is compulsory that one among them learns the Khutbah in Arabic. If then so much time lapses in which it is possible to learn and none of them learns (to recite the Khutbah in Arabic), then all of them have sinned. There is then no Jumuah for them. On the contrary, they have to perform Zuhr.”

(Al-Qalyubi, page 278, Vol.1)

“Imaam Raaf’i ( among the senior Shaafi Fuqahaa) said: ‘Is it a condition that the whole Khutbah be in Arabic? On this question there are two views. The Saheeh (correct view) is that it is a condition (shart). Therefore, if among them there is no one versed in Arabic, the Khutbah will be recited in non-Arabic and it is Waajib on them to learn Arabic otherwise they have sinned. And there will be no Jumuah for them.’”

(Sharhul Ihyaa of Sayyid Murtadha Zubaidi, page 226, Vol.3)

“Is it a condition for the whole Khutbah to be in Arabic? The Saheeh (correct view) is that it is conditional (i.e. the whole Khutbah to be in Arabic is a shart for the validity of the Khutbah). Therefore, if there is no person among them versed in Arabic, then the Khutbah shall be recited in non-Arabic. And, it is obligatory on all of them to learn the Arabic Khutbah........If such time passes in which it was possible to learn and they did not learn, then all of them have sinned. There is then no Jumuah for them.”

(Raudhatut Taalibeen of Imaam Nawawi, page 26, Vol.2)

THE MAALIKI MATH-HAB

“It is a condition (for the validity of the Khutbah) that the Khutbah be in the Arabic language even if the audience (the people listening to the Khutbah) is ajam (non-Arab) who do not understand Arabic. If among them there is no one versed in Arabic to discharge the Khutbah in Arabic, then Jumuah is waived for them.”

(Al-Mathaahibul Arba`ah, page 392, Vol.1)

THE HAMBALI VIEW

“The Hanaabilah say: The Khutbah in non-Arabic is not Saheeh (not valid) if the khateeb is able to recite in Arabic. If he is unable to recite in Arabic then he should execute it in non-Arabic in a language he is versed. (This is) whether the people are Arabs or non-Arabs. But, the aayat (Qur’aanic verse) which is the Rukn among the Arkaan of both Khutbah -- it is not permissible to recite it in non-Arabic. (Where the khateeb cannot recite Arabic) he should substitute it with any form of Thikr in Arabic as he pleases. If he is unable (to recite even some Arabic Thikr) then he should remain silent for the duration of the recitation of the aayat.”

(Al-Mathaahibul Arba`ah, page 39I, Vol.1)

From the aforegoing references the following facts emerge:

1) According to the Hanafi Math-hab it is not permissible to recite the Khutbah in any language other than Arabic. It is forbidden and a sinful act to recite the Khutbah in any language besides Arabic.

2) According to the Shaafi Math-hab the correct and official view is that the recitation of the whole Khutbah in Arabic is a condition for the validity of the Khutbah.

According to the Maaliki Math-hab the Khutbah in Arabic is a condition for the validity of the Khutbah.

4) According to the Hambali Math-hab, the Khutbah in a language other than Arabic is not valid.The unanimous verdict of the Shariah is, therefore, that the Jumuah Khutbah is not permissible in any language other than Arabic. We have absolutely no need to abandon the permanent and the beautiful practice of Rasulullah (sallallahu alayhi wasallam) and the Sahaabah and all their followers down the various ages of Islam. Those who are out to tamper with the Khutbah are in fact influenced by the norms of modernity and are endeavouring to modernize Islam. May Allah Ta’ala grant us all hidaayat and the taufeeq to understand the ahkaam of Islam

JUMUAH ON A UNIVERSITY CAMPUS

(Response
to
a Query)


16th
Rabiul
Awwal
1414

3rd
September
1993

Respected
Brother,

We
are
in
receipt
of
your
letter
dated
25th
August
1993
and
note
contents.
The
answers
to
your
queries
are
as
follows:

Jumuah
Salaat
at
a
university
campus:According
to
the
Hanafi
Math-hab,
one
of
the
conditions
for
the
validity
of
Jumuah
is
Ithnul
Aam
which
means
General
Consent.
If
the
Jumuah
is
held
at
a
place
which
is
not
open
to
all,
then
the
Jumuah
Salaat
will
not
be
valid
there.
Therefore,
it
is
necessary
to
conduct
the
Jumuah
in
such
a
place
which
everyone
can
attend
unhindered.
If
the
university
campus
is
not
open
to
all
Muslims
during
the
duration
of
the
Jumuah
Salaat
and
Khutbah,
then
Jumuah
will
not
be
valid
there
in
terms
of
the
Hanafi
Math-hab.
Hanafis
cannot
then
perform
Jumuah
at
such
a
campus.


According
to
the
Maaliki
Math-hab,
the
necessary
condition
for
the
validity
of
Jumuah
is
that
the
Jumuah
be
conducted
in
a
properly
erected
Jaami’
Musjid.
Thus,
according
to
the
Maaliki
Math-hab,
Jumuah
is
not
valid
on
a
university
campus.
In
this
case
followers
of
the
Maaliki
Math-hab
will
have
to
perform
Zuhr
Salaat
if
there
is
no
Jaami’
Musjid
in
the
city.

NUMBER
OF
MUSALLIS

According
to
the
Hanafi
Math-hab,
the
minimum
number
of
musallis
necessary
for
the
validity
of
Jumuah
is
three,
the
forth
being
the
Imaam.
According
to
the
Shaafi
Math-hab,
the
minimum
number
is
40
resident
male
adults
who
are
all
Muqeem.
They
should
not
be
musaafir.
Muqeem
in
this
context
here
means
a
permanent
resident
of
the
place
as
well
as
a
traveller
who
has
made
the
intention
of
staying
at
the
place
for
at
least
four
full
days.
Thus,
if
in
the
congregation
there
are
39
residents
and
one
traveller
or
one
minor,
then
the
Jumuah
will
not
be
valid
for
Shaafis.

According
to
the
Maaliki
Math-hab,
the
minimum
number
is
12
adult
males
who
are
residents
of
the
place.
According
to
the
Maaliki
Math-hab
a
Muqeem
is
either
a
permanent
resident
or
a
traveller
who
intends
to
stay
for
at
least
four
days
in
the
place
where
Jumuah
is
being
performed.
The
number
of
musallis
has
to
be
twelve
besides
the
Imaam.

In
terms
of
the
Hambali
Math-hab
the
validity
of
Jumuah
is
dependant
on
40
adult
males
who
are
permanent
residents
of
the
place.
This
number
includes
the
Imaam.

A
MIXED
CONGREGATION

If
the
congregation
consists
of
musallis
following
different
Math-habs,
the
following
ruling
will
be
applicable:

If
the
place
where
Jumuah
is
being
performed
is
a
university
campus
which
does
not
allow
the
general
Muslim
public
to
enter
during
the
duration
of
Jumuah,
then
Jumuah
will
not
be
valid
regardless
who
the
Imaam
may
be,
even
if
he
is
a
follower
of
any
other
Math-hab.

(b)
If
the
number
of
musallis
is
40
or
more
(residents),
and
the
Imaam
is
a
Shaafi
or
a
Hambali,
then
the
Jumuah
on
the
campus
will
be
valid
for
Shaafis,
Hambalis
as
well
as
Maalikis,
but
not
for
Hanafis
as
mentioned
earlier.


If
in
this
case
(40
performing
on
the
campus),
the
Imaam
is
a
Maaliki
or
a
Hanafi,
then
the
Jumuah
of
the
Maalikis,
Hambalis
and
Hanafis
will
not
be
valid.
But,
the
Jumuah
of
the
Shaafis
will
be
valid.

If
in
this
same
case
the
Imaam
is
a
Hanafi,
the
Jumuah
of
the
Hanafis,
Maalikis
and
Hambalis
will
not
be
valid
while
that
of
the
Shaafis
will
be
valid.

If
in
this
same
case
(40
or
more
performing
on
the
campus)
the
Imaam
is
a
Hambali,
then
the
Jumuah
of
the
Hambalis,
Shaafis
and
Maalikis
will
be
valid
while
that
of
the
Hanafis
will
not
be
valid.

FROM
THE
ABOVE
IT
WILL
BE
SEEN
THAT
IN
THE
ABOVE
CASE
THE
JUMUAH
OF
HANAFIS
WILL
NOT
BE
VALID
UNDER
ANY
CIRCUMSTANCES.

(c)
If
the
number
of
musallis
performing
on
the
campus
is
less
than
40,
then
the
Jumuah
will
not
be
valid
in
terms
of
all
four
Math-habs
whether
the
Imaam
happens
to
be
Hanafi,
Shaafi,
Maaliki
or
Hambali.


Even
if
the
Imaam
is
a
Maaliki
and
the
number
of
musallis
exceed
12
adult
resident
males,
Jumuah
will
not
be
valid
for
Maalikis
on
a
university
campus
because
one
of
the
conditions
for
the
validity
of
Jumuah
according
to
the
Maaliki
Math-hab
is
that
the
Jumuah
has
to
be
performed
in
a
Jaami’
Musjid.

(2)
It
is
not
permissible
for
the
Khateeb
to
be
without
a
beard
nor
is
it
permissible
for
him
to
cut
his
beard
less
than
a
fist
length
which
is
the
prescribed
minimum
length.
Although
the
Jumuah
will
be
validly
discharged
even
if
the
Salaat/Khutbah
are
conducted
by
such
a
faasiq
Imaam,
nevertheless,
it
is
sinful
to
appoint
such
a
faasiq
to
be
the
Imaam.
The
reward
of
the
Jumuah
is
diminished
or
destroyed.


Likewise
it
is
not
permissible
for
the
Khateeb
to
be
without
Islamic
dress.
It
is
forbidden
to
wear
western/kuffaar
garb.
Nevertheless,
despite
the
prohibition
and
the
sin
involved,
the
Jumuah
will
be
valid
even
if
such
a
faasiq
conducts
it.


It
is
permissible
to
be
without
a
staff.
The
Khateeb
need
not
take
a
staff
when
delivering
the
Khutbah.

In
fact,
in
these
days
it
is
not
permissible
to
hold
a
staff
on
the
Mimbar
because
this
practice
has
become
a
bid’ah
(innovation).
People
have
been
misled
to
believe
that
it
is
compulsory
for
the
Khateeb
to
hold
a
staff
when
delivering
the
Friday
Khutbah.

(3)
Recitation
of
both
Khutbahs
in
Arabic
is
essential.
This
has
been
the
practice
of
the
Ummah
from
the
earliest
days
of
Islam.
To
depart
from
this
practice
is
sinful.
Nevertheless,
the
Jumuah
will
be
valid
even
if
the
Khateeb
commits
the
sin
of
reciting
part
of
the
Khutbah
in
Arabic
and
part
in
another
language.
But,
it
should
be
well
remembered
that
it
is
not
permissible
to
recite
the
Khutbah
in
any
language
other
than
Arabic.
There
is
a
difference
between
validity
and
permissibility.
While
it
is
not
permissible
to
recite
in
any
other
language,
nevertheless,
the
Khutbah
will
be
valid
if
part
of
it
is
in
English.




(4)
It
is
not
a
requisite
for
the
Khutbah
to
consist
entirely
of
Qur’aanic
and
Hadith
narrations.
In
addition
to
such
narrations,
other
admonition
may
also
be
incorporated




(5)
The
second
Khutbah
is
more
praise
and
prayer
while
the
focus
of
the
first
Khutbah,
beside
the
praise
and
prayer,
is
also
on
Naseehat
(admonition/Tableegh).




(6)
THE
KHATEEB
(The
one
who
delivers
the
Khutbah)The
Imaam
of
the
Musjid
has
the
prior
right
to
conduct
the
Jumuah
Salaat
and
Khutbah
in
his
Musjid.
If
there
is
no
fixed
or
permanent
Imaam,
any
qualified
Muslim
may
be
appointed
to
execute
this
duty.
It
may
be
a
different
person
each
week.
It
should
be
remembered
that
according
to
the
Maaliki
Math-hab,
the
same
person
who
recites
the
Khutbah
should
lead
the
Jumuah
Salaat.
If
different
persons
execute
this,
then
the
Jumuah
will
not
be
valid
in
terms
of
the
Maaliki
Math-hab.


It
is
permissible
to
ask
a
traveller
from
a
different
country
to
perform
this
duty.
However,
the
conditions
for
the
validity
of
Jumuah
in
terms
of
some
Math-habs
should
not
be
overlooked
in
this
case,
e.g.
if
the
traveller
who
has
not
made
an
intention
of
staying
four
days
or
more,
is
appointed
to
conduct
the
Jumuah
and
the
number
of
musallis
is
38,
then
the
Jumuah
will
not
be
valid
for
Hambalis,
Shaafis
and
Maalikis
although
it
will
be
valid
for
Hanafis
(i.e.
if
performed
in
a
Musjid
or
a
place
where
the
condition
of
General
Consent
is
found).

(7)
Yes,
both
Khutbahs
should
be
delivered
by
the
same
Khateeb.

BASELESS ASSUMPTIONS TO DISTORT THE TRUTH

BASELESS
ASSUMPTIONS
TO
DISTORT
THE
TRUTH


In
a
bid
to
refute
the
Shariah’s
prohibition
of
Jumuah
in
prison,
some
people
have
presented
their
own
opinions
and
assumptions
in
their
arguments
against
our
contention.
Either
they
are
shockingly
ignorant
of
what
they
read
in
our
contention
or
they
deliberately
turn
a
blind
eye
to
the
irrefutable
facts
we
have
presented
to
substantiate
the
case
of
the
prohibition
of
Jumuah
Salaat
in
prison.In
their
rebuttals
of
our
claim,
they
miserably
fail
to
answer
the
facts
and
arguments
we
have
presented.
Rather,
they
present
their
own
assumptions
which
they
endeavour
to
peddle
as
the
basis
of
our
contention
when
in
reality
the
basis
of
our
case
is
not
what
they
have
assumed
and
claimed.In
this
regard,
we
reproduce
several
letters
which
are
self-explanatory
and
which
dispels
the
darkness
which
the
miscreants
have
attempted
to
develop
around
this
issue

.LETTER
NO.1

17th
Safar
1418

23rd
June
1997

Respected
Brother,

We
are
in
receipt
of
your
letter
dated
28th
Muharram
1418
(5th
June
1997)
and
note
contents

Jumuah
Salaat
requires
certain
conditions
for
its
validity.
Since
a
prison
environment
does
not
satisfy
all
these
conditions,
Jumuah
Salaat
is
not
valid
in
a
prison.
The
different
Math-habs
have
different
conditions.
In
terms
of
all
four
Math-habs
some
condition
or
the
other
is
lacking
in
prison
for
the
validity
of
Jumuah
Salaat.
Thus,
Jumuah
Salaat
is
not
valid
in
prison
in
terms
of
all
four
Math-habs.Where
Jumuah
is
not
valid,
e.g.
prison
and
a
little
village
(in
terms
of
the
Hanafi
Math-hab),
Zuhr
Salaat
has
to
be
performed
individually,
i.e.
without
Jamaat
and
without
Athaan
and
without
Iqaamah.
This
is
the
official,
authoritative
Fatwa
of
the
Hanafi
Math-hab.In
view
of
this
categoric
ruling
of
the
Hanafi
Math-hab
it
is
not
permissible
for
followers
of
the
Hanafi
Math-hab
to
even
be
present
at
a
gathering
on
Friday
in
a
place
where
Jumuah
is
performed,
but
which
is
not
valid.
It
is
neither
permissible
for
them
to
sit
and
listen
to
the
invalid
Khutbah
being
recited
at
the
invalid
Jumuah
Salaat.It
is
also
not
permissible
for
followers
of
the
Hanafi
Math-hab
to
join
in
the
invalid
Jumuah
Salaat
on
the
basis
of
the
argument
that
they
are
making
intention
of
Nafl.
Firstly,
the
Jumuah
Salaat
which
the
Imaam
is
conducting
is
invalid,
hence
the
Nafl
Salaat
performed
behind
such
an
Imaam
is
likewise
invalid.
Secondly,
it
is
not
permissible
for
Hanafis
to
perform
Nafl
Salaat
in
Jamaat.
Thirdly,
they
accord
respectability
and
acceptability
to
a
baatil
practice
by
their
presence
whereas
the
Shariah
requires
them
to
abstain
from
baatil
and
deviation.
Hence,
those
Hanafi
brothers
who
join
the
invalid
Jumuah
and
present
a
variety
of
arguments
in
justification
of
their
error
are
rendering
a
disservice
to
the
Haqq.
Their
conduct
is
not
proper.
People
of
the
Haqq
should
adhere
to
the
teachings
of
the
Math-hab
they
follow.
Their
preoccupation
should
be
with
the
pleasure
of
Allah
Ta’ala,
not
the
desires
of
those
who
peddle
baatil.The
following
rulings
appear
in
Bahrur
Raa-iq
which
is
a
highly
placed
and
authoritative
Kitaab
of
Fiqh
of
the
Hanafi
Math-hab:

“It
is
Makrooh
(i.e.
Makrooh
Tahrimi)
for
the
ma’zoor
(those
who
are
excused
due
to
valid
reasons)
and
for
prisoners
to
perform
Zuhr
with
Jamaat
in
the
city
(on
a
Friday).”

“The
rendition
of
Zuhr
with
Jamaat
on
Friday
is
Makrooh
totally.”

“It
appears
in
Az-Zaheeriyyah:
A
group
missed
Jumuah
in
the
city.
They
should
then
perform
Zuhr
without
Athaan,
without
Iqaamah
and
without
Jamaat.”

“Walwaaji
narrated:
“On
Fridays,
Salaat
(Zuhr)
shall
not
be
performed
in
prison
in
a
city
in
Jamaat
nor
shall
Athaan
be
given
nor
Iqaamah.”

Similar
rulings
of
the
Jamhur
Hanafi
Fuqahaa
are
to
be
found
in
all
the
authoritative
Kutub
of
the
Hanafi
Math-hab.

Was-salaam

 

LETTER
NO.
2

4th
Zil
Qadh
1420

9th
February
2000

Respected
Brother,

We
are
in
receipt
of
your
letter
dated
10th
December
1999
together
with
a
pamphlet
captioned:
INMATES
PERFORMING
SALAAT
AL-JUMUAH.
We
have
noted
contents
carefully.

The
question
as
well
as
the
answer
on
this
issue
are
based
on
assumptions
which
are
untrue.
The
invalidity
and
impermissibility
of
Jumuah
Salaat
in
a
prison
are
not
based
on
any
of
the
assumed
arguments
which
the
pamphlet
attributes
to
the
Ulama
who
have
issued
this
Fatwa
of
the
Shariah.
The
following
are
the
assumed
baseless
and
false
arguments
mentioned
in
the
paper:

 “They
(i.e.
the
Ulama)
use
as
their
proof
the
Hadith
about
the
slave
and
the
traveller
"



(2)
“The
Fatwa
referred
to
in
the
question
seems
to
be
based
on
two
points:
(1)
the
Friday
prayer
is
not
an
obligation
upon
inmates
because
inmates
are
analogous
to
travellers
and
slaves;
and
(2),
based
on
(1),
if
inmates
hold
the
Friday
Prayer,
that
Friday
Prayer
is
not
valid
(hence
their
saying
that
it
is
haraam
or
forbidden
for
them
to
pray
the
Friday
Prayer).




(3)
“The
view
of
the
majority
of
the
jurists,
is
that
such
an
analogy
is
not
valid.”


“....the
Hadith
on
this
question
simply
state
that
it
is
not
obligatory
upon
such
people
to
attend
the
Friday
Prayer.
Therefore,
even
if
the
analogy
is
accepted,
the
Hadith
in
no
way
state
that
the
Friday
Prayer
is
not
valid
when
performed
by
such
people.”




(5)
“The
people
who
gave
the
Fatwa
may
be
envisioning
a
situation
wherein
only
inmates
are
performing
the
Friday
Prayer.
Then,
they
might
say,
since
the
Friday
Prayer
is
not
obligatory
upon
them
even
though
they
may
attend
the
Friday
Prayer
(based
on
the
above
analogy),
if
only
inmates
are
present,
the
Friday
Prayer
is
not
valid.....
However,
according
to
the
Hanafi
School
of
Fiqh,
this
is
not
correct.”Indeed
these
arguments
which
are
the
mere
assumptions
of
the
writers
of
the
pamphlet,
and
which
they
have
attributed
to
the
Ulama
are
quite
bizarre.
Nowhere
can
anyone
find
these
assumed
arguments
in
the
stock
of
arguments
which
the
Ulama
of
the
Ahlus
Sunnah
present
for
the
Shar’i
view
of
the
invalidity
of
Jumuah
in
a
prison
even
if
the
prison
happens
to
be
in
Daarul
Islam.We
did
not
make
any
analogy
between
prisoners
and
slaves.
This
is
not
our
argument
for
proclaiming
the
invalidity
of
Jumuah
Salaat
in
a
prison.
It
has
never
been
contended
that
Jumuah
Salaat
in
prison
is
not
valid
because
Jumuah
Salaat
is
not
obligatory
on
prisoners.
This
assumed
argument
is
baselessly
and
falsely
being
attributed
to
the
Ulama.We
also
did
not
make
an
analogy
between
prisoners
and
travellers.
This
allegation
too
is
a
baselessly
assumed
supposition
which
is
falsely
attributed
to
the
Ulama.
It
is
not
our
argument
that
Jumuah
Salaat
in
prison
is
not
valid
because
Jumuah
is
not
obligatory
on
prisoners
on
the
basis
of
the
assumed
analogy
between
prisoners
and
travellers.We
do
not
present
in
substantiation
of
our
claim
the
Hadith
which
the
writers
of
the
pamphlet
cite
as
our
proof.
We
never
cited
any
such
Hadith
as
the
basis
for
the
ruling
that
Jumuah
in
prison
is
not
valid.It
seems
abundantly
clear
that
the
opposition
is
plainly
confused.
They
lack
understanding
of
Shar’i
issues,
hence
they
present
emotional
statements
and
arguments
in
the
style
of
little
children.
It
was
never
claimed
that
Jumuah
Salaat
performed
by
prisoners
is
not
valid.
Rather,
the
claim
is
that
Jumuah
Salaat
performed
in
a
prison
IS
NOT
VALID.
This
is
so
even
if
an
outsider,
like
the
Imaams
visiting
the
prisons
or
anyone
else
for
that
matter,
enters
a
prison
and
performs
Jumuah.
The
Jumuah
Salaat
of
both
the
prisoners
and
the
outsiders
who
perform
inside
the
prison
is
not
valid.
Thus,
in
our
claim
there
is
no
reference
nor
any
basis
of
any
analogy
with
any
specific
class
of
people
as
the
questioner
as
well
as
the
one
who
answers
the
question
have
assumed.
Their
suppositions
are
baseless
and
childish
displaying
gross
ignorance
of
Shar’i
issues
and
Shar’i
matter.The
modernists
then
seek
to
justify
Jumuah
Salaat
or
its
validity
in
a
prison
by
citing
the
Qur’aanic
verse
in
which
the
order
for
Jumuah
is
given.
Again
their
trend
of
argument
is
extremely
ridiculous.
They
argue
that
the
command
for
Jumuah
is
directed
to
all
Muslims,
hence
it
is
obligatory
on
all
persons
even
if
they
are
in
prison.
This
conclusion
is
a
figment
of
the
nafs.
Even
those
who
argue
in
favour
of
Jumuah
Salaat
in
prison
are
constrained
to
concede
that
Jumuah
Salaat
is
not
obligatory
on
travellers,
slaves,
women,
the
sick,
etc.
notwithstanding
the
fact
that
if
they
attend
Jumuah
in
a
place
where
the
Jumuah
Salaat
is
valid,
then
their
Salaat
too
will
be
valid.
The
Qur`aan
commands
not
only
Jumuah
Salaat.
It
commands
the
five
daily
Salaat
as
well.
But
the
obligations
are
commanded
in
concise
forms
without
their
numerous
details
(Shuroot
and
masaa-il).Every
act
of
ibaadat
has
its
requisites
and
conditions
(Shuroot).
Even
the
daily
Fardh
Salaat
is
not
valid
if
the
conditions
are
not
observed.
If
a
man
performs
Salaat
without
wudhu
or
not
facing
the
Qiblah
or
donning
impure
garments
or
standing
in
an
impure
place,
the
Salaat
will
not
be
valid.
It
is
plain
stupidity
for
anyone
to
argue
that
inspite
of
non-observance
of
the
Shuroot
the
Salaat
is
valid
because
Allah
Ta`ala
commands
that
every
Muslim
performs
Salaat.Similarly,
Jumuah
Salaat
has
conditions
(Shuroot)
for
its
Wujoob
(compulsion)
and
Validity
(Sihhat).
If
the
conditions
are
lacking
the
Salaat
will
not
be
valid.
This
is
the
unanimous
view
of
ALL
authorities
of
Islam
right
from
the
time
of
the
Sahaabah.
There
is
no
Faqeeh
(Jurist)
of
the
Shariah
who
has
ever
claimed
that
Jumuah
Salaat
for
its
validity
has
no
Shuroot.
According
to
ALL
four
Math-habs
of
the
Ahlus
Sunnah
Wal
Jama’ah,
there
are
a
number
of
conditions
for
the
validity
of
Jumuah
Salaat.
The
most
lenient
on
this
issue
is
the
Hanafi
Math-hab.
The
conditions
for
the
validity
of
Jumuah
Salaat
are
more
stringent
according
to
the
Maaliki,
Shaafi
and
Hambali
Math-habs.
Thus,
the
statements
which
modernists
attribute
to
Imaam
Ahmad
for
justifying
Jumuah
in
prison
are
either
cited
out
of
context
or
deliberately
or
stupidly
mistranslated
or
perhaps
these
votaries
of
Jumuah
in
prison
have
not
understood
what
they
have
read
or
heard.
Any
Kitaab
of
Hambali
Fiqh
will
state
Imaam
Ahmad’s
view.
Every
Kitaab
of
every
Math-hab
explains
the
Shuroot
which
are
necessary
for
the
validity
of
Jumuah.
None
of
the
Math-habs
of
Haqq
--
of
the
Sunnah
–
permit
Jumuah
Salaat
in
prison.Jumuah
Salaat
cannot
be
argued
on
the
basis
of
the
validity
of
Jamaat
(Congregational)
Salaat
in
prison.
The
daily
Fardh
Salaat
is
valid
in
congregation
in
a
prison
simply
because
the
conditions
for
its
validity
are
met,
but
not
so
Jumuah
Salaat.Surely
the
illustrious
Salf-e-Saaliheen
among
whom
were
the
great
Aimmah-e-Mujtahideen
among
the
Taabieen
and
Tab-e-Taabieen
had
greater
understanding
of
the
Qur`aan
and
Hadith
than
the
world
full
of
modernists
and
Islamically
illiterate
and
uneducated
self-styled
and
self-appointed
scholars
who
deem
themselves
to
be
qualified
Scholars
after
gaining
a
smattering
of
oblique
‘knowledge’
from
translated
versions
of
the
Books
of
Hadith,
Fiqh,
etc.Enclosed
herewith
is
a
detailed
discussion
on
the
requirements
of
Jumuah
Salaat
in
terms
of
all
four
Math-habs.The
modernists
who
wish
to
force
their
opinion
on
followers
of
the
Ahlus
Sunnah
are
creating
their
own
misguided
‘math-hab’
by
submitting
the
Qur`aan
and
Sunnah
to
their
whimsical
interpretations.From
the
enclosed
references
in
Arabic,
it
will
be
observed
that
the
Fuqahaa
of
all
Math-habs
do
not
proclaim
Jumuah
valid
without
any
conditions.
Everyone
of
them
presents
the
Shuroot
for
the
validity
of
Jumuah
in
terms
of
the
Math-hab
they
are
following.Brother,
our
advice
to
you
is
to
remain
steadfast
on
the
Haqq.
Ignore
the
people
of
baatil.
Do
not
become
embroiled
with
them
in
dispute
since
it
is
not
their
intention
to
gain
the
Haqq,
their
bigoted
minds
will
never
accept
the
Truth
no
matter
how
you
argue.When
people
are
obstinate
and
intransigent,
silence
is
the
best
option.




Was-salaam




LETTER
NO.
3

27th
Rabiul
Akhir
1408

Respected
Brother,

The
pamphlet
titled,
“The
place
of
abrogation
in
Islam”
which
you
had
sent,
indicates
the
ignorance
of
its
author
who
lacks
in
Deeni
understanding.
Reading
a
couple
of
translations
of
Hadith
books
and
a
translated
version
of
the
Qur`aan
Majeed
is
highly
dangerous.
The
arguments
presented
by
the
ignorant
author
against
the
Shar`i
ruling
regarding
the
inadmissability
of
Salaatul
Jumuah
in
a
prison
are
baatil.In
justification
for
Salaatul
Jumuah
in
prisons,
the
author
of
the
pamphlet
cites
general
nusoos
–
Qur`aanic
aayaat
and
Ahaadith
--
which
are
not
applicable
to
the
question
of
Jumuah
in
prison.
The
author
states
in
his
atrocious
pamphlet:“They
have
gone
so
far
as
to
abrogate
Salatul
Jumma
for
the
Muslims
who
happen
to
be
in
Correctional
Facilities.”The
fact
that
he
pronounces
Jumuah
with
two
m’s,
speaks
much
for
his
ignorance.
Jumuah
does
not
contain
two
Meems
(
).
Yet
he
sets
himself
up
as
a
mujtahid
and
a
mufti
issuing
verdicts
in
matters
on
which
the
Shariah
has
decided
centuries
ago.
The
conclusions
of
this
ignorant
and
atrocious
writer
being
in
conflict
with
the
verdicts
of
the
Fuqahaa
and
Aimmah-e-Mujtahideen
are
sufficient
cause
for
ignoring
him
and
to
reject
him
outrightly.Those
who
claim
that
Salaatul
Jumuah
is
not
valid
in
prison
at
no
stage
denied
the
injunction
of
Salaatul
Jumuah
itself.
Whoever
denies
Jumuah
Salaat
is
a
kaafir.
The
Command
for
Jumuah
Salaat
stated
in
the
Qur`aan
and
Hadith
has
its
exceptions.
It
is
common
knowledge
that
Jumuah
Salaat
is
not
obligatory
on
females,
the
sick,
on
those
inhabiting
small
villages
and
on
travellers.
This
statement
does
not
represent
a
denial
of
the
obligation
of
Jumuah
since
the
Shariah
itself
has
waived
the
obligation
from
certain
persons
as
enumerated
above.
If
a
woman
does
not
perform
Jumuah
Salaat,
she
cannot
be
criticized
for
her
action
on
the
basis
of
the
Qur`aanic
verse
and
Hadith
narrations
which
command
the
performance
of
Jumuah
Salaat.
Only
a
man
stupid
and
dense
in
the
mind
--
a
man
who
lacks
Deeni
understanding
--
will
proclaim
that
a
woman
and
a
musaafir
(traveller)
who
do
not
perform
Jumuah
are
sinning
against
the
Law
of
Allah
Ta`ala.The
great
and
illustrious
Fuqahaa
of
Islam
--
the
great
authorities
of
the
Shariah
who
lived
in
the
ages
in
close
proximity
to
the
age
of
the
Sahaabah
in
the
times
known
as
Khairul
Quroon,
possessed
a
greater
knowledge
of
the
Qur`aan
and
the
Sunnah
than
all
Muslims
put
together
in
the
world.
It
is
crass
ignorance
and
gross
subservience
to
the
nafs--dhalaal
and
baatil
--
for
Muslims
in
this
belated
age
to
tender
arguments
and
present
conclusions
in
conflict
with
the
rulings
of
the
Fuqahaa.
The
illustrious
Fuqahaa
have
ruled
that
Jumuah
Salaat
is
not
permissible
in
prison.
Their
ruling
cannot
be
construed
to
mean
that
they
denied
the
obligation
of
Jumuah
Salaat.The
author
of
the
pamphlet
should
refer
to
the
Fiqh
books
of
the
Aimmah-e-Mujtahideen
if
he
has
any
competence
to
do
so.
If
he
does
possess
any
knowledge
to
permit
him
access
to
the
Books
of
the
Shariah,
then
he
shall
not
fail
to
discern
the
indisputable
fact
that
the
illustrious
authorities
of
the
Shariah
have,
fourteen
hundred
years
ago,
issued
the
verdict
that
Jumuah
Salaat
is
not
permissible
in
a
prison.
This
ruling
is
not
a
new
rule
deducted
by
any
modernists
in
this
belated
time.The
ruling
of
Jumuah
not
being
permissible
in
prison
is
not
an
example
of
abrogation
(Naskh).
Only
a
jaahil
(ignoramus)
will
interpret
it
as
an
abrogation.
For
Jumuah
to
be
valid
and
obligatory,
there
are
conditions
(Shuroot).
In
the
absence
of
such
shuroot,
the
obligation
will
be
non-existent.
This
applies
not
only
to
Salaatul
Jumuah,
but
to
all
other
acts
of
Ibaadah.
A
woman
in
her
state
of
haidh
not
performing
Salaat
cannot
be
accused
of
denying
the
obligation
of
Salaat.
A
man
who
performs
Zuhr
Salaat
at
home
due
to
illness
cannot
he
castigated
and
branded
a
kaafir
on
the
basis
of
baatil
interpretation.
He
cannot
he
accused
of
denying
the
obligation
of
Jumuah
Salaat
because
his
illness
prevented
him
from
attending
Jumuah.
Similarly,
those
in
prison
cannot
he
criticized
for
abstaining
from
Jumuah
Salaat
for
the
simple
reason
that
Jumuah
Salaat
is
not
permissible
for
them.
On
the
contrary,
those
who
engage
in
a
non-existent
Jumuah
Salaat
in
prison
are
to
be
criticized
since
they
are
acting
in
violation
of
the
Shariah.
Moreover,
the
obligation
of
Zuhr
remains
a
liability
on
them
as
long
as
they
have
not
discharged
it.
Their
performance
of
‘Jumuah’
in
prison
will
not
absolve
them
of
the
obligation
of
Zuhr
Salaat.
According
to
all
the
Math-habs
of
Haqq
(Hanafi,
Maaliki,
Shaafi
and
Hambali),
Jumuah
Salaat
is
not
valid
for
certain
persons
and
in
certain
places.
Does
this
mean
that
these
great
men
of
Islam
had
all
failed
to
understand
the
Qur`aanic
Command
and
the
Sunnah?
According
to
Imaam
Abu
Hanifah
for
the
validity
of
Jumuah
Salaat,
four
persons
are
necessary;
according
to
Imaam
Maalik,
twelve
persons
and
according
to
Imaam
Shaafi,
forty
persons
while
according
to
Imaam
Hambal,
also
forty
persons.
Then,
the
great
Imaams
said
that
the
persons
on
whom
Jumuah
is
Fardh
have
to
be
residents
of
the
town.
Jumuah
according
to
them
is
not
obligatory
on
nomads
or
travellers.
When
Jumuah
is
not
valid
even
for
free
persons
living
outside
prison
in
the
little
villages
or
in
the
farms,
then
it
will
be
quite
simple
to
understand
that
Jumuah
is
not
valid
for
prisoners
in
a
prison.
But,
according
to
the
understanding
of
the
author
of
the
pamphlet,
all
the
great
authorities
misunderstood
the
Qur`aan
and
the
Sunnah
while
he
labours
under
the
false
notion
of
him
having
comprehended
the
Qur`aan
and
the
Hadith.
Indeed
he
is
astray
and
seeks
to
mislead
others
with
his
own
baatil
opinion.he
misguided
author
of
the
pamphlet
says:“Also,
Salat
being
one
of
the
pillars
of
Islam,
anyone
who
abandons
Salaat
is
committing
Kufar.”This
ignoramus
should
be
told
that
Jumuah
not
being
valid
in
prison
is
not
synonymous
with
abandonment
of
Salaat.
When
the
Shariah
decrees
that
Jumuah
is
not
valid
for
prisoners,
such
decree
does
not
represent
abandonment
of
Salaat.The
prisoners
are
still
obligated
to
perform
Zuhr
Salaat.
If
ten
persons
perform
Jumuah
Salaat
even
outside
a
prison,
the
Salaat
will
not
be
valid
according
to
the
Maaliki
Math-hab.
Does
this
mean
that
Imaam
Maalik
(rahmatullah
alayh)
has
abandoned
Salaat?
If
thirty
nine
persons
perform
Jumuah
Salaat
even
in
a
city,
the
Salaat
will
not
be
valid
according
to
Imaam
Shaafi
(rahmatullah
alayh).
Does
this
mean
that
Imaam
Shaafi
has
advocated
the
abandonment
of
Salaat?
Only
men
who
have
deviated
far,
far
from
the
Path
of
Deen
will
venture
such
a
ludicrous
conclusion.The
ignorant
author
of
the
pamphlet
says:“As
no
one
in
his
right
mind
would
for
example
give
up
making
Salatul
Isha
every
night
because
he
was
in
an
Institution.
Similarly
the
obligation
of
Salatul
Jumma
is
an
inseparable
part
of
the
Ibadah
(Decreed)
by
Allah
Ta’ala
and
the
Prophet
(S.A.W.S).”The
analogy
between
Jumuah
Salaat
and
Isha
Salaat
is
false
and
absurd
in
view
of
the
fact
that
the
Shariah
has
already
given
its
decrees
in
this
respect.
While
Isha
and
the
other
Fardh
Salaat
are
obligatory
on
all
and
in
every
place,
Jumuah
Salaat
is
not
obligatory
on
all
and
in
every
place.
The
Shariah
has
made
this
abundantly
clear.
In
cases
where
Jumuah
Salaat
is
not
valid,
Zuhr
Salaat
has
to
he
performed.
The
argument
of
the
misguided
author
of
the
pamphlet
is
thus
stupid
and
silly.The
author
says
in
his
pamphlet:“As
well
there
are
no
Daleels
(proofs)
for
the
amount
of
people
required
to
hold
Jumma,
although
it
is
agreed
upon...”“Most
of
the
people
of
Ilm
agree
that
in
the
light
of
there
being
no
specific
Daleel
as
to
the
minimum
amount
of
people
required
to
hold
Jumma,
out
of
necessity
one
can
hold
Jumma
with
the
minimum
required
for
Salat
in
Jamaat
which
is
two
people.”These
claims
are
manifestly
false.
This
miserable
deviate
is
seeking
to
abrogate
and
cancel
the
teachings
and
practices
of
Islam
which
have
existed
from
the
age
of
the
Sahaabah.
This
ignoramus
is
seeking
to
create
a
new
‘math-hab’
based
on
his
stupid
ideas
unbacked
by
any
Shar`i
basis.
None
of
the
authorities
of
Islam
propagated
the
views
which
this
deviate
is
advocating.
Who
are
the
“people
of
Ilm”
he
is
referring
to?
The
true
men
of
Ilm
--
the
Fuqahaa
and
the
Ulama
--
from
the
earliest
period
of
Islam
down
the
centuries
of
Islam’s
history
have
always
taught
that
the
validity
of
Jumuah
Salaat
depends
on
a
specific
number
of
people
being
present.
This
number
varies
according
to
the
different
rulings
of
the
Aimmah-e-Mujtahideen.
It
is
blatantly
false
to
claim
that
there
is
no
specific
daleel
and
no
minimum
number
of
people
necessary
for
the
validity
of
Jumuah.
This
ignoramus
should
not
expect
the
Ummah
to
believe
that
the
great
Imaams
of
the
Math-habs
of
Haqq
all
erred
in
their
understanding
of
the
Qur`aan
and
Sunnah
while
he,
in
this
belated
century,
has
understood
the
Qur`aan
and
the
Sunnah.
Do
we
have
to
understand
now
that
the
Ummah
has
been
trodding
the
path
of
error
for
the
past
fourteen
hundred
years
in
the
matter
of
Jumuah
Salaat
and
only
now
in
this
late
century
has
the
error
of
the
Ummah
been
discovered
by
some
non-entity?
What
does
this
ignorant
religious
miscreant
understand
of
“daleel”?
If
he
had
an
inkling
into
the
workings
of
the
Shariah,
he
would
not
have
so
shamelessly
ventured
his
stupid
and
baseless
views
in
opposition
to
the
fourteen-hundred
year
teachings
of
Islam.Salaatul
Jumuah
is
not
a
new
practice
for
Muslims.
This
Ibaadat
has
been
in
existence
in
the
Ummah
since
the
time
of
Rasulullah
(sallallahu
alayhi
wasallam).
The
Sahaabah
performed
Jumuah
and
taught
it
to
their
students
who
in
turn
taught
it
to
their
students.
In
this
way,
by
successive
transmission,
reliably
and
authentically,
the
Ibaadah
of
Jumuah
Salaat
has
come
down
to
us.
It
is
an
act
of
kufr
to
seek
to
change
its
rules
now
in
this
belated
century.
If
the
early
Muslims
who
were
in
touch
with
the
Sahaabah
did
not
understand
the
Qur`aan
and
the
Sunnah
--
if
they
did
not
know
the
rules
and
requirements
of
Jumuah,
then
it
will
be
too
much
to
claim
that
the
Toms,
Dicks
and
Harrys
of
our
time
have
understood
the
Qur`aan
and
the
Sunnah.
How
is
it
ever
conceivable
that
the
early
Muslims
failed
in
their
teaching
of
Salaatul
Jumuah?
We
did
not
suck
from
our
thumbs
the
rules
pertaining
to
Jumuah
Salaat.
Such
requirements
are
not
new
teachings
based
on
opinion.
The
Shuroot
(conditions)
for
the
validity
of
Jumuah
Salaat
have
not
been
deduced
in
this
generation.
These
Shuroot
have
been
explained
by
the
earliest
authorities
of
Islam
and
are
there
for
all
to
see
in
the
authentic
Books
of
the
Shariah.
But,
the
truth
of
the
matter
is
that
the
author
of
the
pamphlet
is
not
sufficiently
competent
to
understand
Shar`i
Daleel,
hence
he
blurts
out
his
nonsensical
and
baseless
opinions
based
on
his
desires.

The
author
of
the
pamphlet
further
says:“Imam
Shafi
says
in
his
Risala:
‘NO
ONE
HAS
THE
RIGHT
to
abrogate
the
Qur’an.’”

Abrogation
of
any
Qur`aanic
aayat
or
law
is
and
has
been
effected
by
Allah
Ta`ala,
Himself.
No
one
has
ever
claimed
that
Muslims
can
abrogate
the
Qur`aan.
The
author
has
cited
Imaam
Shaafi,
but
he
should
know
that
according
Imaam
Shaafi,
forty
persons
are
necessary
for
the
validity
of
Jumuah.
A
jamaat
of
thirty
nine
is
not
valid
for
Jumuah
Salaat.
Now
does
it
mean
that
Imaam
Shaafi
has
abandoned
the
obligation
of
Jumuah
and
has
abrogated
the
Qur`aan
?
This
misguided
ignoramus
has
no
right
to
cite
the
statements
of
our
illustrious
Aimmah-e-Mujtahideen
to
substantiate
any
of
his
views
since
he
rejects
the
Taqleed
of
these
Aimmah.
He
tries
to
eke
out
support
for
his
fanciful
notions
by
referring
to
Imaam
Shaafi
and
other
Fuqahaa
while
refuting
their
rulings
regarding
their
stipulation
of
specific
minimum
numbers
for
the
validity
of
Jumuah
Salaat.His
arguments
on
Taqleed,
the
question
of
women
attending
the
Musjid
and
the
Jumuah
issue
are
absolutely
baseless
and
in
conflict
with
the
rulings
of
the
authorities
of
Islam
of
the
past
fourteen
hundred
years.A
copy
of
the
Jamiatul
Ulama’s
booklet
on
the
question
of
women
in
Mosques
is
enclosed
herewith.
This
booklet
was
written
some
years
ago
by
the
Jamiatul
Ulama
of
Eastern
Cape,
South
Africa.

Was
salaam