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.