Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(227): "Ruling on Praying Jumu`ah in More than One Mosque in the Same Town"

Date Added : 28-11-2016

Resolution No.(227) by the Board of Iftaa`, Research and Islamic Studies.

"The Ruling on Praying Jumu`ah in more than one Mosque in the Same Town"

Date: (23/Shawal/1437 AH), corresponding to (28/7/2016 AD).

 

All perfect praise be to the Lord of the Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

On the above date, the Board reviewed the question sent from the Ministry of Awqaf and Islamic Affairs and Holy Places, and it reads as follows:

What is the ruling on praying Jumu`ah in more than one mosque in the same town?

After deliberations, the Board decided the following:

Jumu`ah was called as such because it brings people together in one place. Until recently, Jumu`ah was held in the big Jaami` mosque (i.e. the main or central mosque of a town, city or village). When Muslims became numerous and mosques could no longer accommodate them, praying Jumu`ah in more than one mosque has become a necessity. However, holding it in more mosques than what is actually needed is a matter of disagreement amongst the Muslim scholars. For example, the majority of the Shafii, Maliki and Hanabali scholars have considered holding  Jumu`ah in more than one mosque in the same town for no valid reason unlawful. Doing this is lawful if the Jaami mosque is too small to accommodate the number of the people who pray in it or the town has expanded to a level where it is difficult for all its residents to pray in one mosque.

Pointing out the conditions for the validity of the Jumu`ah prayer, Al-Khateeb Ash-Shirbini (May Allah have mercy on him) said: " ………..Third: It shouldn`t be preceded by another Jumu`ah nor coincide with one, unless the town was too expanded and it became difficult for its residents to pray in one mosque. In this case, it is lawful for them to pray Jumu`ah in more than one mosque as much as actually needed." {Moghni Al-Mohtajj}.

Sheikh Miarah, a Maliki scholar, stated: "The apparent view of the Maliki scholars is that they unanimously agree that it is unlawful to pray Jumu`ah in two mosques in a small town. Their disagreement pertains to the big town……their  famous opinion is that it is unlawful. However, people, in my time, consider it lawful because it is difficult for the residents of a big town to pray in one mosque." {Ad-Dur Al-Thameen, pp.363}.

Al-Imam Al-Mardawi (May Allah have mercy on him), a Hanbali scholar, stated: "It is unlawful to hold Friday or Jumu`a prayer in two mosques if there is no necessity for doing so, and this is the approved opinion of our Madhab (school of thought) as well as our fellow scholars. In a narration after Imam Ahmad Bin Hanbal: It is generally lawful, but this opinion is his (Ahmad`s). Al-Qadhi adopted the opinion of Imam Ahmad if there was a need to hold Friday prayer in more than one mosque. Need here means: the mosque is small, far or sedition is likely." {Al-Insaf, vol.2/pp.400}.

Moreover, the Hanafi scholars have two opinions in this regard. Their approved opinion is that it is lawful to hold Friday prayer in two mosques or more, even if there was no necessity, as is the opinion of Al-Imam Abo Hanifah and Mohammad Al-Hasan (May Allah have mercy on both of them).

Al-Imam Al-Sarkhasi (May Allah have mercy on him) stated: "Narrations have differed as regards holding the Friday prayer in two mosques in the same town. The more correct opinion of Abo Hanifah and Mohammad Bin Al-Hasan (May Allah have mercy on them both) is that it is lawful. However, there are two narrations after Abo Yousef: one says it is lawful and the other says it is not." {Al-Mabsoot, vol.2/pp.121}.

Ibn Abdeen stated: "It is lawful to hold the Friday prayer in many mosques according to the Hanafi school of thought, and its approved opinion…so as to ward off harm (sedition, the mosque is far or small) because obligating people to pray the Friday prayer in one mosque means forcing most of them to come from far places, and there is no Sharia-approved evidence that holding Friday prayer in more than one mosque is unlawful." {Ad-Dur al-Mokhtar ala Radd al-Mohtar}.

In conclusion, if it is possible for all the people of the same town to pray in one mosque safely, then this is more prudent because it goes in line with the spirit and the purposes of Sharia as far as uniting Muslims is concerned.

However, if that isn`t possible because the mosque is small or far or the town is too expanded or it was hard for people to come to that mosque, then praying Jumu`ah or Friday prayer in more than one mosque is lawful so long as it is done according to the actual need.

All in all, praying Jumu`ah in different mosques is valid and avails the praying person. And Allah Knows Best.

 

Chairman of Ifta` Board, Sheikh Abdulkareem Al-Khasawneh

Vice Chairman of Ifta` Board, Prof. Ahmad Hilayel

Dr. Wa`el Arabiat, Member

Dr. Yahia Botoosh/ Member

Sheikh Sa`eed Hijjawi/ Member

Prof. Abdulnaser AbulBasal/ Member

Pro. Abdullah Fawaz/ Member

Judge Khaled Al-Woraikat/ Member

Dr. Mohammad Khai Al-Esa/ Member

Dr. Mohammad Youis Al-Zou`bi

Dr. Mohammad Khai Al-Esa/ Member

 

 

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Summarized Fatawaa

Who is the one required to slaughter the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah for the 'aqīqah to be slaughtered by the guardian of the newborn — the one upon whom the child's financial maintenance is obligatory — provided he is financially capable of doing so. 'Alī ibn Abī Ṭālib, may Allah be pleased with him, reported: "The Messenger of Allah ﷺ performed the 'aqīqah for al-Ḥasan with one sheep." — Narrated by al-Tirmidhī. And Allah Almighty knows best.

What is the Islamic ruling on breaking the bones of the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah not to break the bones of the 'aqīqah. Rather, each bone should be separated at its joint — as a good omen and expression of hope for the soundness and wholeness of the newborn's limbs. However, if one does break the bones, it is not considered disliked (makrūh) — it is simply regarded as contrary to what is preferable (khilāf al-awlā). And Allah Almighty knows best.

Does the intention (niyyah) of the principal (muwakkil) suffice for the sacrifice (dhabḥ) of the udhiyyah?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person appoints an agent (wakīl) to perform the slaughter (dhabḥ) on their behalf, the intention (niyyah) of the principal (the one appointing the agent) suffices, and there is no need for the agent to have this intention himself. In fact, even if the agent is unaware that he is performing the sacrifice on someone's behalf as an udhiyyah (sacrificial offering), this does not affect its validity. And Allah, the Most High, knows best.

Is it permissible for someone who is unable to fast to pay the fidyah (ransom/compensation payment) to himself, due to his own poverty?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is not permissible, nor does it fulfill the obligation, for a sick person who is currently and permanently unable to fast to pay the fidyah (ransom/compensation payment) to himself, since it is a financial obligation owed by him, established as a standing debt upon him — much like any other debt he owes. If he were to pay it to himself, it would not thereby be discharged. So if he cannot find [anyone eligible to] pay it to, it remains a standing obligation upon him, and is not thereby waived. If Allah, the Mighty and Majestic, later grants him wealth, it becomes obligatory upon him to pay it out to the poor and needy.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "There is no difference in the obligation of the fidyah between the wealthy and the poor person; its benefit lies in its remaining established as a standing debt upon the poor person [until he is able to pay it] — and this is the more correct position (al-aṣaḥḥ), as indicated by the wording of ar-Rawḍah and its source text." [Mughnī al-Muḥtāj, Vol.2/P.174]
Accordingly: it is not permissible for a Muslim to pay the fidyah to himself while he remains poor. If the sick person is poor, he is not obligated to pay the fidyah immediately, and it remains a standing debt upon him until a time when he has sufficient means and wealth. And Allah, the Exalted, knows best.