Sudan’s Minister of Religious Affairs and Endowments, Nasruddin Mufreh, issued a decision to suspend Jumu’ah and Jama’ah (Congregational) Prayers in all mosques in Khartoum State for a period of three weeks.

It is truly unfortunate that the individual obligations (fardh al-‘ayn), imposed by the Shara’, are being underestimated for political or financial gains, not based on the Haqq or the truth. And so that the legal ruling is clear to the people on this matter. We in Hizb ut Tahrir / Wilayah of Sudan, explain to the Muslims in Sudan and others the following facts:

Firstly: Leaving Friday and congregational prayers in the event of spread of infectious epidemics is not a general rule, but only for those infected who should be isolated, and they are not allowed entering the mosques for Friday or congregational prayers. All measures should also be taken from hygiene and sterilization, while healthy people continue to pray Friday and congregation without interruption.

Secondly: The evidence provided for the Friday and congregational prayers do not include permanent disruption. Rather, it does not require a large number to perform it.

Thirdly: Congregational prayer is a Fardh Kifayah (duty of sufficiency) that must be proclaimed to the people, as the Messenger of Allah ﷺ said: «مَا مِنْ ثَلَاثَةٍ فِي قَرْيَةٍ وَلَا بَدْوٍ لَا تُقَامُ فِيهِمْ الصَّلَاةُ إِلَّا قَدْ اسْتَحْوَذَ عَلَيْهِمْ الشَّيْطَانُ، عَلَيْكَ بِالْجَمَاعَةِ فَإِنَّمَا يَأْخُذُ الذِّئْبُ مِنَ الْغَنَمِ الْقَاصِيَةَ» “If three men in a village or in the desert, make no arrangement for Salat in congregation, Satan must have certainly overcome them. So observe Salat in congregation, for the wolf eats up a solitary sheep that stays far from the flock.” (Abu Dawud)

Fourthly: as for the Friday prayer, it is an individual obligation (fardh ‘ayn) that is only dropped for a Shari’i excuse, as Allah (swt) says: إِذَا نُودِي لِلصَّلاَةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ “O you who believe! When the call is proclaimed to prayer on Friday (the Day of Assembly), hasten earnestly to the Remembrance of Allah, and leave off business (and traffic): That is best for you if you but knew!” [Al-Jumu’ah: 9].  And as the Messenger of Allah ﷺ said: «الْجُمُعَةُ حَقٌّ وَاجِبٌ عَلَى كُلِّ مُسْلِمٍ فِي جَمَاعَةٍ إِلَّا أَرْبَعَةٌ: عَبْدٌ مَمْلُوكٌ، أَوِ امْرَأَةٌ، أَوْ صَبِيٌّ، أَوْ مَرِيضٌ» “The Friday prayer with congregation is a duty which is necessary for every Muslim with the exception of the following four persons: (i) a slave, that is the one who is owned by someone according to the rules laid down by the Shariah, (ii) a woman, (iii) an immature boy, (iv) a sick person.” (Abu Dawud)

Fifthly: Saying that everyone may be vulnerable to infection, and cannot be prevented from it, is a weak possibility, especially since the lowest number for performing congregational prayer is two persons, and for the Friday prayer it is three persons, and this is feasible to perform. Precaution does not mean leaving the obligation; rather, it is performed while taking precautions.

It is truly painful that the rulers in the Muslim lands follow the footsteps of the colonial Kuffar, inch by inch; that if those countries are troubled in their treatment of a specific disease, they follow them, and if they propose a solution, even if it was a wrong solution, the rulers of the Muslim lands applaud it and consider it health and recovery!!

The imminent Khilafah state, by the will of Allah, will not follow the footsteps of the disbelievers in dealing with such matters, but will follow the guidance of the Prophet ﷺ. Rather, he who has a Shari’i excuse does not attend; the rest attend, the sick isolate, and the healthy continue their work, and they go to the mosques to pray and make Du’a to Allah (swt) to protect them from the evil of this disease, and to raise the calamity and the epidemic. This is the Haqq: فَمَاذَا بَعْدَ الْحَقِّ إِلَّا الضَّلَالُ “After the Truth what is there saving error?” [Yunus:32]

 

Ibrahim Othman (Abu Khalil)

Official Spokesman of Hizb ut Tahrir in Wilayah Sudan

Wednesday, 22nd Sha’ban 1441 AH

15/04/2020 CE

No: HTS 1441 / 46