Question
As far as i know, there is an opinion in the hanafi madhab, that one should pray 4 rakat of zuhr after the friday prayer, because the friday prayer may not be valid in absence of an islamic leader. I know, that there are Fatwas, which say, that the prayer is valid and one does not have to pray the 4 rakat of zuhr, but i wanted to know, what are the proofs of the ahnaf, that hold the opinion that the friday prayer without a ruler may not be valid. There are some people that claim, that this opinion is absolutely not based on quran and/or sunnah. Any infos on that?Muhtaram ,
Answer
Muhtaram / Muhtaramah
In the Name of Allāh, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.
The Jumuah prayer is completely valid and one should not pray four raka’at of Zuhr as a precaution. The doubt in the validity of Jumuah is due to the lack of understanding the texts of the Hanafi Fiqh. The condition of an Islamic ruler is mentioned in the Hanafi Fiqh books, but it is for the time when there is an Islamic empire and Islamic government. Jumuah should then be performed by the ruler or an Imam appointed by ruler. If the country does not have a Muslim ruler, an Imam should be appointed by the people to lead them in Jumuah.
Allamah Ibn Abideen in Rad al-Muhtar writes:
وأما بلاد عليها ولاة كفار فيجوز للمسلمين إقامة الجمع والأعياد ويصير القاضي قاضيا بتراضي (رد المحتار)
And those countries which are ruled by Kufaar, it is permissible for the Muslims to establish Jumuah and the two ‘Eids and a person will become a Qadhi with their mutual agreement.
In al-Fatawa al-Hindiya it is written:
الصحيح في زماننا أن صاحب الشرط وهو الذي يسمى شحنة والوالي والقاضي لا يقيمون الجمعة ؛ لأنهم لا يولون ذلك إلا إذا جعل ذلك في عهدهم وكتب في منشورهم ، كذا في الغياثية ، والي مصر مات فصلى بهم خليفة الميت أو صاحب الشرط أو القاضي جاز فإن لم يكن ثمة واحد منهم واجتمع الناس على رجل فصلى بهم جاز ، كذا في السراجية .ولو تعذر الاستئذان من الإمام فاجتمع الناس على رجل يصلي بهم الجمعة جاز ، كذا في التهذيب
The correct view in this era is that ‘Sahib al-Shart’, which are the police, governor, and Judge, should not establish Jumuah, because they do not have the right to do so, except when they are given this right or it is written down on their behalf. If the governor of a city passes away and his vice or a ‘Sahib al-Shart’ or the judge performs the Jumuah, it will be valid. If none from these are present and the people agree upon praying behind one person, then that is also valid. If it not possible to get permission from the ruler and the people agree upon performing Jumuah behind a certain person, it will be valid.
Other Fuqaha have mentioned that the condition of ruler is for fear of fitna.
Allamah Marghinani in al-Hidaya writes:
( لا يجوز إقامتها إلا للسلطان أو لمن أمره السلطان ) لأنها تقام بجمع عظيم ، وقد تقع المنازعة في التقدم والتقديم ، وقد تقع في غيره فلا بد منه تتميما لأمره (االهداية)
It is impermissible for anyone other than the ruler or the one appointed by the ruler to establish the Jumuah prayer. The reason for this is that Jumuah is offered with a large gathering. Often a dispute arises on who will lead the Jumuah prayers and who will have the right to appoint an Imam. Sometimes a quarrel takes place on other issues as well. Therefore, it is necessary to have a ruler or his appointed Imam so that Jumuah can be completed.
The Author of Jam’i al–Athar writes:
لكنه معلل بخوف الفتنة فحيث لا فتنة لا اشتراط (الجامع الآثار)
This reason for this condition is fear of fitna, therefore when there is no fitna it will not be a condition.
Many Fuqaha have also discussed whether the condition of a ruler is even a valid condition for Jumuah on basis that no proof was found on it being a condition.
Maulana Bahr al-Uloom Abdul al-‘Ali in his Risala ‘Al-Arkaan’ states:
لم اطلع على دليل يفيد اشتراط امر السلطان
I could not find any proof for Sultan being a condition for Jummah..
Alammah Abdul al-Hay al-Lucknowi in Umdat al-Ri’ayah writes:
The Sahaba had prayed Jumuah during the time of fitna in the era of Amir al-Mumineen Uthman (Radhiyallahu Anhu) while he was under house arrest. It is not known whether the people took his permission for Jumuah, but instead it seems evident that they did not ask him for permission since the corrupt oppressors would not allow this to happen. It can be seen from that the permission of a ruler was not a condition according to the Sahaba.
Therefore, not having a ruler does not affect Jumuah prayers. The mutual agreement of the Muslims is considered sufficient and the agreement of the people of one masjid to pray behind their Imam is valid. Since Jumuah is offered in various masjids in one city; for all the people of that city to agree upon all the Imams of the various masjids is not only impossible but also not necessary.
Fatawa Mehmoodia 9/110 Maktaba Mehmoodia
Kifayat al-Mufti 3/210 Maktaba Imdadiya
Fatawa Darul Uloom Deoband 5/40 Darul Ishaat
Umdat al-Ri’ayah ala Hamish Sharh al-Wiqaya (p. 199) H.M. Saeed Company
And Allah knows best
Wassalam
Darul Iftaa, Madrassah In’aamiyyah
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