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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 someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

Is it permissible to make ablution without answering the call of nature after waking up?

Washing front and back openings (Istinjaa`) is not a condition for the validity of ablution because it is done to remove Najaasah (impurity), thus if there is no Najaasah, there is no need for that, and then it is permissible to make ablution without answering the call of nature. However, prayer is invalidated if there is Najaasah on the anus ,or the front opening, so it (Najaasah) must be removed for the prayer to become valid, and not the ablution.

What is the ruling on Jumu‘ah (Friday) prayer for a traveler, and what are the conditions for it to be waived from him?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Jumu‘ah (Friday) prayer is not obligatory upon a traveler, whether on a long or short journey, provided that — according to the Shāfi‘ī school — he departs from his place of residence before the time for Fajr prayer begins, and that he does not intend to stay in the place he travels to for four days or more, excluding the day of arrival and the day of departure. If he intends to stay longer than that, he may not make use of the travel concession simply by arriving in that town. If he begins his journey after the adhān for Fajr has already been called, then Jumu‘ah prayer remains obligatory upon him, whether in his own town or in any town where Jumu‘ah is being held.
It is stated in Bushrā al-Karīm (Vol.1/p.383), from the books of the Shāfi‘ī school: "Jumu‘ah [prayer] is not obligatory upon a traveler on a permissible journey, whether long or short, if he departs from his place of residence before Fajr."
A "short journey" refers to travel covering a distance shorter than that of a long journey — that is, less than (81 km). The traveler begins to be entitled to travel concessions once he passes beyond the built-up limits of his town. And Allah, the Exalted, knows best.

Is "Bismillāhir-Raḥmānir-Raḥīm" a verse (āyah) of Sūrat al-Fātiḥah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The basmalah ("Bismillāhir-Raḥmānir-Raḥīm") is, without question, a verse (āyah) of the Noble Qur'an, and according to the Shāfi‘ī school, it constitutes a verse of Sūrat al-Fātiḥah itself. Al-Fātiḥah is a pillar of the prayer, and it consists of seven verses, of which the basmalah is one. The prayer is not valid without reciting it, nor if any of the Fātiḥah's verses, letters, or shaddahs (consonant doublings) are omitted or altered.
It is stated in Bushrā al-Karīm (Vol.1/p.202), from the books of the Shāfi‘ī school: "The basmalah is a complete verse of it [i.e., of al-Fātiḥah] in practice — and it suffices, for this to be established, that there be strong probability (ẓann), especially given that this has come very close to certainty (yaqīn), due to the consensus (ijmā‘) of the Companions on its inclusion in the muṣ-ḥaf [the written text of the Qur'an] in its script, despite their extreme diligence in excluding from it anything that did not genuinely belong to it — to the point that they even [carefully regulated] its diacritical dots and vowel markings." And Allah, the Exalted, knows best.

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