Laws of
Jurisprudence
Law: Jama’at (congregational prayer)
is Waajib (compulsory) upon a sane, mature, free, person who has the ability to
join Jama’at. To omit the Jama’at even once without a valid excuse (of Shariah)
is sinful, and deserving of punishment; If one omits it on numerous occasions,
then he is a ‘Faasiq’ (transgressor) and is regarded as Mardud-ush-Shahaadat
(i.e. if he gives testimony it will not be accepted), and he will be severely punished.
If his neighbours are silent (i.e. ignore this) then they too are sinful.
[Durr-e-Mukhtar vol.1 pg.515; Ghuniya]
Law: Jama’at is a condition for Jummah
and both the Eid prayers, and for Taraweeh it is Sunnat-e-Kifaayah; and if all
the people of the locality omitted it, then all are sinful, and if a few people
performed it, then the responsibility of Jama’at is discharged from all the
others there. Jama’at for the Witr of Ramadaan is Mustahab. For Nafils and with
the exception of the Witr in Ramadaan, if to make Jama’at for these based on
‘Tada’i’ (Tada’i means having more than three Muqtadis), then it is Makruh.
Jama’at during the eclipse of the sun is Sunnat, and during eclipse of the moon,
it is Makruh with Tada’i. [Durr-e-Mukhtar, Raddul Mukhtar vol.1 pg.515-615;
Alamgiri]
Law: To join Jama’at so that no
Raka’at of it is missed, is better than washing each part thrice in Wudu; and
to wash each part thrice is better than getting the Takbeer-e-Ula. If one feels
that by washing each part thrice in Wudu, he will miss a Raka’at of Jama’at,
then it is better not to wash thrice (in this instance only); and if he knows
that he won’t lose the Raka’at, but he will miss the First Takbeer, then it is
more virtuous to wash each part thrice. [Sagheeri]
Law: In the Masjid of the locality,
which has a set Imam, if the Imam of the locality gave the Azaan and Iqaamat
and performed the Jama’at according to the Masnun manner, then to establish
Jama’at with Azaan and Iqaamat according to the first Jama’at is Makruh. If the
second Jama’at (Jama’at-e-Thaaniya) was established without Azaan, there is no
objection, as long as it is performed away from the Mehraab. However, if the
first Jama’at was performed without Azaan, or if someone (other than the Imam)
performed Jama’at (outsiders), then in this case, the Jama’at must be
performed, and this Jama’at will now not be regarded as the second Jama’at. To change
the location, it is sufficient for the Imam to stand to the right or the left
of a Mehraab. In a roadside Masjid, wherein people come in groups and pray
their Namaaz and leave. In other words, the Namaazis of this Masjid are not set
ones, even if the second Jama’at is performed at such a Masjid with Azaan and
Iqaamat, there is no harm; but this is more virtuous, that every group which
comes should perform with a fresh Azaan and Iqaamat. The same applies to the
Masjid at a station and temporary abode (airport etc). [Durr-e-Mukhtar, Raddul
Mukhtar vol.1 pg.615]
Law: For the one whose Jama’at is
being missed, it is not Waajib upon him to try and get the Jama’at at a different
Masjid so that he may read it there; It is however Mustahab. However, for the
one who missed Jama’at in Masjid-e-Haraam, Masjid-e-Nabawi or Masjid-e-Aqsa, it
is not Mustahab to try to get Jama’at somewhere else. [Durre-Mukhtar vol.1 pg.
518]
Law: All these are valid (Shar’i) excuses
to miss Jama’at, i.e. these people are exempt from Jama’at: 1. For a sick
person who finds much difficulty in getting to the Masjid; 2. A Cripple; 3.
Whose legs are cut off; 4. One affected by stroke; 5. One who is so old that he
cannot go the Masjid; 6. A Blind person, even though there maybe someone who
can hold his hand and take him to the Masjid; 7. In extremely heavy rains; 8.
Extreme mud which causes hindrance; 9. Extreme cold; 10. Extreme darkness; 11.
Stormy winds; 12. Fear of loss of wealth or food; 13. Fear of one who you owe
money to and you are poverty stricken; 14. Fear of an oppressor; 15. The need
to pass stool; 16. The need to pass
urine; 17. Severe need to pass wind; 18. When food is present and the desire
for it is overwhelming; 19. There is fear of being left behind by travel group;
20. Caring for an ill person, whereby if you go for Jama’at he will be in
discomfort. All these are valid reasons for omitting Jama’at. [Durr-e-Mukhtar
vol.1 pg.519-520]
Law: For females to go to Jama’at for
any Namaaz is not permissible, be it a day Namaaz or night Namaaz; be it for
Jummah or for both Eids; be she young or old. Similarly for her to go to sermon
gatherings etc. is not permitted. [Durr-e-Mukhtar vol.1 pg.529]
Law: In a house where there are only
females, for a male to make their Imaamat is not permissible; However, if those
females if there are genealogical Mahrams, or ones wife is there, or some other
males are also there, then it is permissible. [Durr-e-Mukhtar vol.1 pg.529]
Law: If there is only a single Muqtadi,
even if he is a young boy, he should stand to the right of the Imam. To stand
to the left or behind him is Makruh. If there are two Muqtadis, then they
should stand at the back. For them to stand next to him is Makruh-e-Tanzeehi
and for more than two to stand beside the Imam is Makruh-e-Tahreemi. [Durr-e-Mukhtar
vol.1 pg.529-531]
Law: If there are two Muqtadis; where
one is an adult male and the other a young boy, then both should stand at the
back; and if a female is alone, she should stand at the back, and if there are
many females, then they should still stand at the back. If there are two Muqtadis,
i.e. one male and one female, then the male should stand next to the Imam and
the female at the back. If there are two males and one female, then the males
should stand behind the Imam, and the female should stand behind them.
[Alamgiri, vol.1 pg.88; Bahr]
Law: If one person is standing next to
the Imam, even though there is a Saff at the back, then this is Makruh.
[Durr-e-Mukhtar vol.1 pg.531]
Law: To stand next to the Imam means
that the foot of the Muqtadi should not be in front of the Imams, In other
words the ankle of the Muqtadi should not be in front of the ankle of the Imam.
There is no issue in the head being ahead of him or not. If one is standing
next to the Imam and because the Muqtadi is taller than the Imam, thus in Sajdah
the head of the Muqtadi goes beyond the head of the Imam, but his ankle does
not go beyond the ankle of the Imam, then there is no objection. Similarly, if
the Muqtadi has bigger feet and his toes are beyond those of the Imam, there is
still no objection, as long as the ankle is not beyond that of the Imam. (So it
means one should stand slightly back so that his ankle is slightly behind the
Imams). [Durr-e-Mukhtar vol.1 pg.530]
Law: If one is reading by Gesturing,
then the proximity of the feet will not be counted, but the condition is that
his head should not be beyond the head of the Imam, even though (in this case)
the feet of the Muqtadi is beyond the feet of the Imam, be this whether the Imam
is reading with (actual) Ruku or Sujood or if he is reading whilst sitting, or
lying down, with his feet facing Qibla; and if the Imam is lying on his side,
reading by gesturing (using signs), then the proximity of the head is not counted,
but the condition is that the Muqtadi should by lying down behind the Imam.
[Raddul Mukhtar vol.1 pg.530]
Law: If the Muqtadi is standing on one
foot, then with regards to proximity, the one foot will be counted, and if he
is standing on both feet, if one is in line and the other is behind, it is
still correct; and if one foot is next to the Imam and the other is ahead, then
the Namaaz should not be regarded as being correct. [Raddul Mukhtar vol.1
pg.530]
Law: If a single person is standing
next to the Imam and another person arrives, then the Imam should step forward,
and the one who has just come should stand next to that Muqtadi; or that
initial Muqtadi should move back be this whether the one who just came pulled
him back, be this before the Takbeer or after the Takbeer. All these are
permissible. Whichever can be done should be done. If all are possibilities,
then one has the choice, and if the Muqtadi is only one, then for him to step
back is Afdal, and if there are two (who came), then for the Imam to go forward
is better. If the Imam went forward because the Muqtadi told him to, the Namaaz
is nullified; and if the Muqtadi went back with this Niyyat that because he
told him to, so I should listen, then the Namaaz is nullified; and if it is to fulfil
the command of Shariah, then there is no harm. [Raddul Mukhtar vol.1 pg.631]
Law: If men, women, children, or a
Khunsa (a person with reproductive organs of both sexes) are all gathered
together, then the arrangement of the Saffs is as follows: first should be the
mens Saff, then the Saff of the children, then that of the Khunsa, then the females.
If the child is alone, he should be put into the Saff of the males.
[Durr-e-Mukhtar vol.1 pg.534]
Law: When standing in the Saffs, they
should be close, the shoulders should meet and no space should be left between
(people). [Durr-e- Mukhtar vol.1 pg.531]
Law: The Imam should stand in the
middle. If he is standing to the left or right (of the Jama’at), it is
Khilaaf-e-Ula. [Alamgiri vol.1 pg.97]
Law: The Saff of the Males, as it is
closer to the Imam is the most virtuous, and the second is more virtuous than
the third and based on this view, and so on. [Alamgiri vol.1 pg.97]
Law: The first Saff being Afdal is for
any Namaaz except Janaazah, and in Janaazah Namaaz, the last Saff is more
virtuous. [Alamgiri] For the Muqtadi, the most virtuous place to stand is near
the Imam, and if both sides of the Saff are equal, then to stand to the right
is virtuous. [Alamgiri vol.1 pg.98]
Law: For the Imam to stand between the
pillars is Makruh. [Raddul Mukhtar vol.1 pg. 531]
Law: If there is space in the first Saff
and the back Saff has become full, and then one may go through the Saff and
stand in the empty place, because the Hadith has mentioned that one who sees a
space in a Saff and then fills it, he will receive salvation. [Alamgiri vol.1 pg.98]
This refers to that place where there is no fear of fitna and arguments by
doing this.
Law: To stand behind the Saffs, if
there is still place in the Sahn, is disallowed. [Durr-e-Mukhtar vol.1 pg.553]
Law: If a female is standing in proximity
with a male, the Namaaz of the male becomes nullified. There are few conditions
for this:
1. The female should be Mushtihaat,
i.e. she should be one who intimacy with is possible, even though she may have
not reached the age of puberty, and in Mushtihaat the age is not counted, be
she years of age or a bit less, whereby her physical body is capable of this;
and if it is not capable of this, then the Namaaz is nullified; even if she
knows how to read Namaaz. Even an old woman is regarded as Mushtihaat in this
ruling. If that female is persons wife or from his Mahrams, the Namaaz will
still be nullified.
2. If there is nothing that is
equal to the thickness of the finger or one hand length in height that is a
partition between them, nor is there that amount of distance between them,
wherein one male can stand, or if the female is not standing at such a height,
where any limb of the male is in proximity with hers
3. The proximity occurred in a
Namaaz where there is Ruku and Sujood. If this proximity occurred in Janaazah
Namaaz, then the Namaaz is not nullified.
4. That Namaaz should be joined
by Tahreema for both, in other words the female made Iqtida of him or both of
them made Iqtida of another Imam, even if they did not join from the beginning;
and if both of them are each reading their individual Namaaz, it will not nullify
the Namaaz, but this is Makruh.
5. In ‘Ada’ they are together,
whereby a male is her Imam, or both of them are being led by another Imam,
behind whom they are making their Namaaz ‘Ada’ (fulfilling it) be this in
reality or just command wise, for example; they are both ‘Laa Haq’ that even
after the Imam has completed, even though they are not behind the Imam but command
wise they are still behind the Imam; and a Masbooq is neither in reality nor
command wise behind the Imam, but he is actually a Munfarid.
6. Both are facing the same
direction. If they change direction, such as on a very dark night, where it
cannot be noticed, and one is facing the Imam and the other the Muqtadi, of if
they read in the Kaaba e Muazzamah and the direction changed, the Namaaz will
be done.
7. If the female is sane, Namaaz
in proximity with an insane person will not nullify the Namaaz.
8. If the Imam made Niyyat for Imaamat
of females (as well), the Namaaz is done, even if when making this Niyyat no
females were present, and if the Niyyat of Imaamat is not made, then the Namaaz
of the females is invalid and the males is valid.
9. For the proximity to be for
such duration that one complete Rukn is completed, in other words the duration
of three Tasbeehs.
10. Both know how to read Namaaz
11. The male is sane and mature [Durr-e-Mukhtar,
Raddul Mukhtar vol.1 pg.532-534; Alamgiri vol.1 pg.98 etc]
Law: If the Imam started the Namaaz
for males and afterwards a female came and stood beside him, and he had even
made the Niyyat of Imaamat for females, but the moment she joined he gestured
to her to move back, but she took no heed and did not move, her Namaaz is
nullified, and not the males. Similarly, if she stands next to the Muqtadi, and
he gestured to her and she did not move, then only her Namaaz is nullified.
[Raddul Mukhtar vol.1 pg.538]
Law: For a Khunsa Mushkil to stand in
the proximity (of a male) does not nullify the Namaaz. [Alamgiri vol.1 pg.90]
Law: For a good looking male (who is
enticing) to stand next to a male will not nullify the Namaaz. [Raddul Mukhtar
vol.1 page. 539]
0 comments:
Post a Comment