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Resolutions of Iftaa' Board

Resolution No.(220): "Ruling on the Permissibility of the two Athans for the Friday Prayer"

Date Added : 21-12-2015

Resolution No.(220)(10/2015) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on the Permissibility of the two Athans for the Friday Prayer"

Date: 24/Thulhijjah/1436 AH, corresponding to 8/10/2015 AD.

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
On the above given date, the Board reviewed the question sent by some citizens, and it reads as follows:

Nowadays, some students of Islamic Sharia argue that the Sunnah is to have one Athan (Call for prayer) for Friday prayer and it should be pronounced  after the Imam sits on the pulpit (Mimbar),  and not two Athans as the Sunnah which used to be practiced by the Caliphate Othman Bin Affaan (May Allah be pleased with him). As a result, this matter has led to dispute in some mosques. Would you kindly clarify the ruling of Islamic Sharia on this issue and issue a Fatwa in this regard in order to settle the dispute and  to ward off the trial?

After researching and deliberating, the Board decided what follows:
 In the lifetime of the Prophet (PBUH), the Athan for Friday prayer used to be pronounced after the Imam sat on the pulpit , and there is no dispute about its permissibility, as stated by Ibn Qodamah: "There is no dispute about the permissibility of the Athan for Friday prayer which is pronounced after the Imam sat on the pulpit, as it used to be in the lifetime of the Prophet (PBUH)." As-Saa`b Ibn Yazeed said: "In the lifetime of the Prophet, Abu Bakr and `Umar, the Adhan for the Jumua prayer used to be pronounced when the Imam sat on the pulpit." (Bukhari).
As regards pronouncing the Athan before the Imam sat on the pulpit, it is the Sunnah of Uthman Bin Affaan and it was approved by the Prophet`s companions, so this proves that it is permissible. The wisdom behind this Athan is to remind the people to get ready for the Friday prayer, one hour before its due time. As a result, this Athan remained until present, following the Sunnah of the rightly guided Caliphs (May Allah be pleased with them). The Messenger (PBUH) said: "So you must keep to my Sunnah and to the Sunnah of the Caliphs Ar-Rashideen (the rightly guided caliphs), those who guide to the right way. Cling to it stubbornly [literally: with your molar teeth]. " {Mosnad ahmad}.

Nowadays, although the time between the two Athans for Friday prayer is short, it fulfills the essential purpose observed in the Sunnah of the Caliph Uthman Bin Affan (May Allah Be Pleased with him), giving prayer performers extra minutes to reach the mosque before the Imam sits on the Pulpit.

There is no sound reason for denying this Athan (the one pronounced before the Imam sits on the pulpit), nowadays, as it fulfills the aim of the Sunnah which used to be practiced by Uthman, 
and since its permissibility is based on the fact that the Prophet`s companions approved it. This is despite the fact that some traditions describe this Athan as one of the newly invented matters (in religion), as reported by Ibn Rajab in his book [Fateh Al-Bari, vol.8/pp.218-220]. It is considered newly invented (Mohdath) in the sense that it wasn`t pronounced in the lifetime of the Prophet (PBUH), and it isn`t intended for banning and forbidding. In fact, the companions invented as well as sanctioned it, and since there is no Sharia-approved evidence that it is forbidden, the four juristic schools have agreed that it is lawful as follows:

[Hashyat Ibn Adeen], a Hanafte book, stated: "The second Athan for Friday prayer is pronounced after the Imam sits on the pulpit, as a Sunnah."

[Manh Al-Jaleel], a Malikite book, stated: "The first Athan for the Friday prayer is a Sunnah."

[E`anat At-Talibeen], a Shafite book, stated: "The two Athans for the Friday prayer are permissible."

[Kash-shaaf Al-khina]," a Hanbalite book, stated: "The first Athan for the Friday prayer is recommended because Uthman has kept it as Sunnah and was observed by the Muslim Nation."

Pronouncing the Athan for the Friday prayer twice is effective in Jordan as determined by the Ministry of Awqaf, Islamic Affairs and the Holy Sites. It is also adopted in the rest of  the Muslim World. Therefore, those who have a different opinion in this regard based on their Ijtihad (independent reasoning) aren`t allowed to create dispute and conflict in mosques to impose their view. In addition, they aren`t allowed to criticize others for not following suit. And Allah Knows Best.

 

Chairman of the Iftaa` Board, The Grand Mufti of Jordan: Sheikh AbdulKareem al-Khasawneh
Vice-Chairman of the Iftaa` Board, Dr. Ahmad Hilayel
Prof. Abdulnasser Abulbasal / Member
Dr. Yahia al-Botoosh / Member
Sheikh Sae`id Hijjawi / Member
Prof. Mohammad al-Qhodat / Member
Dr. Mohammad Al-Khalayleh / Member
Dr. Mohammad Khair Al-Esa / Member
Dr. Mohammad  al-Z`obi / Member

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Summarized Fatawaa

What is the ruling on a Friday sermon in which the khaṭīb did not explicitly exhort the congregation to be conscious of Allah (taqwā) in both sermons, but sufficed with commanding them to obey Allah and refrain from disobeying Him?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
For the Friday sermon (khuṭbat al-Jumʿah) to be valid, certain essential pillars (arkān) must be fulfilled. Among these is the exhortation to be conscious of Allah (waṣiyyah bi-taqwā Allāh), which must be present in both sermons. Alongside this pillar, the praising of Allah (ḥamdallah) and the sending of blessings upon the Messenger of Allah ﷺ are equally required.
Shaykh al-Islām Imām Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "These three are pillars in each of the two sermons, because each sermon is independent and separate from the other." [Tuḥfat al-Muḥtāj,Vol.4/P.447]
It is not a condition that the exhortation be expressed in any specific wording, nor is it required that the word "taqwā" itself be used — such as saying "I exhort you to be conscious of Allah." Rather, this pillar is fulfilled by any expression that contains a command to obey Allah the Almighty and to abstain from what He has prohibited.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "The third pillar is the exhortation to taqwā... The specific wording of this exhortation is not required, according to the most correct view, because the purpose is admonition and the urging of obedience to Allah the Almighty. Therefore, any expression that conveys admonition suffices — whether long or short — such as: 'Obey Allah and be ever mindful of Him.'" [Mughnī al-Muḥtāj,Vol.1/P.550]
Accordingly, what the khaṭīb has done — by commanding obedience to Allah and forbidding disobedience to Him in both sermons — is valid and sufficient. And Allah the Almighty knows best.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

What is the ruling of Islamic Law regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.
It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."
The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.
It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]
Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, knows best.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

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