Question:
Assalamualaikum wbt,
I have a question. As we all know, our country has issued a restriction on movement order to curb the spread of the COVID-19 virus. During this time, is it permissible for us to consider the opinion of scholars from madhhab Hanafi regarding the minimum number of congregations for Friday prayer? Hope to get an explanation on this matter.
Answer:
Waalaikumussalam wrm. wbt,
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
We will start with the statement of Allah SWT:
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِيَ لِلصَّلَاةِ مِن يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَىٰ ذِكْرِ اللَّـهِ وَذَرُوا الْبَيْعَ ۚ ذَٰلِكُمْ خَيْرٌ لَّكُمْ إِن كُنتُمْ تَعْلَمُونَ
“O you who have believed, when [the adhan] is called for the prayer on the day of Jumu'ah [Friday], then proceed to the remembrance of Allah and leave trade. That is better for you, if you only knew.”
Surah al-Jumuah (9)
The above verse is an evidence on the sanctioning and obligation of Friday prayer. Furthermore, there are several specific advantages for the ummah of the Prophet PBUH so that they will be able to gain the honour of Friday. (See al-Fiqh al-Manhaji, 1/198)
Valid Conditions of Congregational Friday Prayer
There are several conditions stated by scholars regarding the valid conditions of Friday. Among the valid conditions, there are some of which all the scholars agreed with while some others they have differing opinions about.
We consider the question and it involves at least two of the valid conditions of the Friday prayer which are the minimum number of congregation and mosque as the place to perform the Friday prayer.
Before we discuss regarding the two valid conditions of Friday prayer further, we would like to emphasize on the obligation of the Friday prayer to be performed in congregation as stated by the Prophet PBUH:
الْجُمُعَةُ حَقٌّ وَاجِبٌ عَلَى كُلِّ مُسْلِمٍ فِي جَمَاعَةٍ إِلاَّ أَرْبَعَةً عَبْدٌ مَمْلُوكٌ أَوِ امْرَأَةٌ أَوْ صَبِيٌّ أَوْ مَرِيضٌ
“The Friday prayer in congregation is a necessary duty for every Muslim, with four exceptions; a slave, a woman, a boy, and a sick person.”
Sunan Abu Daud (1067)
Dr Wahbah al-Zuhaili stated in his book that the scholars have agreed on the obligation of performing the Friday prayer in congregation. (See Mausu’ah al-Fiqh al-Islami wa al-Qadhaya al-Mu’asirah, 2/248)
Is the Mosque as the Place of Friday Prayer A Valid Condition for Friday Prayer?
The majority of scholars except the Maliki do not include that the Friday prayer should be performed in the building of a mosque. (See Fatawa Syar’iyah wa Buhuth Islamiah, 1/274). Imam al-Nawawi clearly states:
وَلَا يُشْتَرَطُ إِقَامَتُهَا فِي مَسْجِدٍ وَ لَكِنْ تَجُوزُ فِي سَاحَةٍ مَكْشُوفَةٍ... وَسَوَاءٌ صَلُّوهَا فِي رُكْنٍ أَمْ سَاحَةٍ -وَلَوْ انْهَدَمَتْ أَبْنِيَةُ القَرْيَةِ أَوْ البَلْدَةِ- فَأَقَامَ أَهْلُهَا عَلَى عِمَارَتِهَا لَزِمَتْهُمْ الجُمُعَةُ فِيهَا سَوَاءٌ كَانُوا فِي سَقَائِفِ وَ مَظَالٍ أَمْ لَا. لِأَنَّهُ مَحَلُّ الاسْتِيطَانِ.
“It is not a condition to perform it (the Friday prayer) in a mosque, furthermore, it is permissible to be performed in open lands… whether they are performed in a corner or a flat land – if the building is destroyed – then the people started to enliven it again, then it is wajib for them to perform the Friday prayer in it, whether they performed it under a roof or not. The reason is it has become a place of residence.” (See al-Majmu’ Syarh al-Muhazzab, 4/501)
We have discussed this matter extensively in al-Kafi li al-Fatawi Series-1321.[1]
The Total Number for the Friday Prayer Congregation
Even when the scholars agreed that one of the valid conditions of Friday prayer is that it must be performed in congregation. However, they have differing opinions as to the total minimum number of congregations for the Friday prayer for it to be valid.
According to Imam Abu Hanifah and Muhammad al-Syaibani, the minimum total congregations for Friday prayer is four including the imam. However, Abu Yusuf states that it is three people including the imam. (See Kanz al-Daqaiq, pg. 189; Badai’ al-Sanai’ fi Tartib al-Syarai’, 1/268 and al-Majmu’ Syarh al-Muhazzab, 4/504). They based their opinion with:
لأنه عدد يزيد على أقل الجمع المطلق
“For it has exceeded the minimum limit for jamak (plural)” (See Badai’ al-Sanai’ fi Tartib al-Syarai’, 1/268 and al-Nahr al-Faiq Syarh Kanz al-Daqaiq, 1/360)
While scholars of madhhab Maliki state that the minimum number of Friday prayer congregation is 12 men who are residents of the place and are present together with the imam from the beginning of the sermon until after the completion of Friday prayer. (See Mausu’ah al-Fiqh al-Islami wa al-Qadhaya al-Mu’asirah, 2/248-249). They supported their opinion with a narration from Jabir bin Abdullah RA who said that the Prophet PBUH was standing and giving the Friday sermon. Suddenly a trade excursion from Syria came and the Friday congregation left to go to the tradesmen and none were left with the Prophet PBUH (to listen to the sermon) except 12 men. Thus, verse 11 surah al-Jumu’ah was revealed. Sahih Muslim (863)
Scholars of madhhab Syafie and Hanbali set a condition for the minimum number of congregations for Friday prayer as 40 people or more. This is also the opinion of ‘Ubaidullah bin Abdullah bin ‘Utbah and one of the narrations of Umar bin Abdul Aziz. (See al-Majmu’ Syarh al-Muhazzab, 4/503; al-Umm, 1/219; and al-Raudh al-Murbi’, pg. 151). The 40 people must fulfil the valid conditions of Friday (أهل الجمعة) which are they must be men, reached puberty and residents of the place. (See al-Fiqh al-Manhaji, 1/202). The total of 40 men must also stay from the beginning till the end of Friday prayer. (See Matla’ al-Badrain, arranged by PMWP, 1/160-163). Among their arguments is a narration from Abd al-Rahman bin Ka’ab bin Malik who stated that the total number of congregations for the first Friday prayer in Medina was 40 men. Narrated by al-Daraqutni (1585)
Coming back to the question asked, even if a person intends to perform the Friday prayer at his house considering the opinion of scholars from madhhab Hanafi in terms of the minimum number of congregations, it should be reminded that madhhab Hanafi has set that a person must obtain the permission from the ruler as a valid condition of Friday prayer. He must also obtain general permission to perform the Friday prayer. (See Mausu’ah al-Fiqh al-Islami wa al-Qadhaya al-Mu’asirah, 2/250)
Ibn Nujaim al-Misr al-Hanafi stated that the valid condition to perform the Friday prayer is that it must be announced that if the authority closes the entrances of a prison (does not permit outsiders from entering) and the Friday prayer is performed by only the convicts and guards, the Friday prayer is invalid… if the entrances are opened and people are permitted to enter (to perform the Friday prayer together), then the Friday prayer is valid but makruh (undesirable) for it neglects the rights of Masjid Jamek. (See al-Bahr al-Raiq, 2/162-163)
Dr Wahbah al-Zuhaili said that the necessity to get the general permission to perform the Friday prayer (according to madhhab Hanafi) is because every assembly needs the permission (of the ruler/government) for people to attend it. Thus, the assembly will not be held without permission (of the ruler). The same for Friday prayer which is the eminence of Islam and a special blessing for this ummah, if it is to be performed, then it needs to be announced (to the public). (See Mausu’ah al-Fiqh al-Islami wa al-Qadhaya al-Mu’asirah, 2/250)
Conclusion
According to the above evidences and discussion, we would like to conclude that performing Friday prayer in one’s own house with only his family members is impermissible and invalid. The reason is it does not fulfil the valid conditions of Friday prayer as stated by scholars especially scholars from madhhab Hanafi which includes the permission of a ruler as one of the valid conditions of Friday prayer. Furthermore, this act does not fulfil the characteristic of Friday prayer nor does it fulfil its main wisdoms which is a meeting of all Muslims in a kariah (place of residence). (See al-Fiqh al-Manhaji, 1/199). Dr Wahbah al-Zuhaili stated:
أن الجمعة تتطلب الاجتماع
“Indeed, the Friday prayer sanctions for a gathering of people.” (See Mausu’ah al-Fiqh al-Islami wa al-Qadhaya al-Mu’asirah, 2/249)
Furthermore, the prohibition is a step of Sadd al-Zarai’ which means closing the doors of harm that could lead to confusion for the Muslim ummah in this country who are mostly of madhhab al-Syafie. Thus, for the duration of the restriction of movement order, the Friday prayer must be replaced with the Zohor prayer, performed together with a person’s family member at his house.
Obeying the order of the government which restrict people from performing Friday prayer is wajib for it involves the maslahah of the Muslim ummah to contain the spread of a contagious disease. Allah SWT states:
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنكُمْ
“O you who have believed, obey Allah and obey the Messenger and those in authority among you.”
Surah al-Nisa’ (59)
Lastly, we pray to Allah SWT to give us all the correct understanding in practising the religion. Amin.
Endnotes:
[1] See https://muftiwp.gov.my/en/artikel/al-kafi-li-al-fatawi/3556-al-kafi-1321-the-ruling-of-performing-friday-prayer-at-mosque-s-yard-or-an-open-land