(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.