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.