Question:
I had a discussion with someone who prays (salah) at the required times but does not pray Salaatul Jumaah (Friday prayer) with people, rather he prays it as duhr (noon prayer). So when I argued against this he said that the presence of the Khaleefah is a condition for the validity of the Salaatul Jumaah (Friday prayer). Do any of the fiqh scholars hold this opinion? And what is the Hizb’s opinion on this matter? JazakAllahu Khair.
Answer:
Salaatul Jumaah (Friday prayer) is a duty (fard) whether there is a Khaleefah or not. The evidences for this are well-known and among them are:
Allah the Almighty says:
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِيَ لِلصَّلَاةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَىٰ ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ ۚ ذَٰلِكُمْ خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ
“You who have iman! When you are called to salat on the Day of Jumu’a, hasten to the remembrance of Allah and abandon trade. That is better for you if you only knew.”
(Al-Jumu’a, 62:9)
In his book al-Mastadrak (المستدركه), Al Hakim narrated from Abu Musa that the Prophet صلى الله عليه وسلم said:
‘الجمعة حق واجب على كل مسلم في جماعة إلا أربعة: عبد مملوك، أو امرأة، أو صبي، أو مريض’
“Salaatul Jumaah in congregation is a duty (wajib) upon every Muslim except for four: a slave, a woman, the immature boy and the sick.”
Al-Hakim said: “This hadith (narration) is Sahih according to the requirements of the two Sheikhs (Bukhari and Muslim), and we shall not omit it.”
Likewise, Al Nisa’i narrated from Ibn Umar, from Hafsa, the Prophet’s wife narrated that the Prophet صلى الله عليه وسلم said:
“رَوَاحُ الْجُمُعَةِ وَاجِبٌ عَلَى كُلِّ مُحْتَلِمٍ”
“Attending Jumaah is a duty (wajib) on every pubescent”
And these evidences are clear that it is not restricted to the Imam (Khaleefah).
This is also the opinion of the followers of the three Madhahib (schools of thoughts) (Malik, Shafaii and Ibn Hanbal) but only the Ahnaf (followers of Abu Hanifa) stated Jumaah requirements as:
The permission of the Sultan (the leader) himself, or his representative or his formal deputy representative, as this is how it was at the time of the Messenger of Allah صلى الله عليه وسلم and in the era of the rightly guided Khulafaa. This is how it was, if there was an imam or his deputy in the town during the time for Jumaah. If none of them were present, because of death or sedition or whatever resembles this, and the time for Jumaah entered, then people should gather around a man amongst them, to lead them in their Salaatul Jumaah.
The permission of the Sultan (leader) is an outweighed opinion with us, based on the aforementioned evidences.
In summary, Salaatul Jumaah is a duty (fard) whether a Khaleefah is present or not.
29 Shaban 1433 AH
19/07/2012