Wednesday, 13 August 2014

Bahaar-e-Shariat Volume 3 Blog Page 8

Laws of Jurisprudence

According to the common law of Shariah, Azaan is a specific announcement (proclamation) for which the words are specified. The words of Azaan are:

   اَللہُ اَکْبَرْ اَللہُ اَکْبَرْ
    اَللہُ اَکْبَرْ اَللہُ اَکْبَرْ
    اَشْھَدُ اَنْ لَّا اِلٰـہَ اِلَّا اللہُ
    اَشْھَدُ اَنْ لَّا اِلٰـہَ اِلَّا اللہُ
    اَشْھَدُ اَنَّ مُحَمَّدًا رَسُوْلُ اللہِ
    اَشْھَدُ اَنَّ مُحَمَّدًا رَسُوْلُ اللہِ
    حَیَّ عَلَی الصَّلٰوۃِ
    حَیَّ عَلَی الصَّلٰوۃِ
    حَیَّ عَلَی الْفَلَاحِ
    حَیَّ عَلَی الْفَلَاحِ
    اَللہُ اَکْبَرْ اَللہُ اَکْبَرْ
لَا اِلٰـہَ اِلَّا اللہُ .

Allahu Akbar Allahu Akbar,
Allahu Akbar Allahu Akbar;
Ash Hadu Al Laa ilaaha il’lal laah,
Ash Hadu Al Laa ilaaha il’lal laah,
Ash Hadu An’na Muhammadar Rasoolullah,
Ash Hadu An’na Muhammadar Rasoolullah,
Hay’ya alas Salaati,
Hay’ya alas Salaah,
Hay’ya alal Falaahi,
Hay’ya alal Falaah,
Allahu Akbar
Allahu Akbar,
Laa ilaaha il’lal laah
Law: When the Five Daily Fard (Namaaz) which includes Jummah, are performed in the Masjid with Jama’at in the preferred Jama’at time, then to call out Azaan for it (i.e. to announce it) is Sunnat-e- Mu’akkadah. The command regard to this is that it is equivalent to Waajib (compulsory), for if Azaan is not proclaimed there, then all those in that community will be regarded as being sinful. The intensity is to the extent that Imam Muhammad رحمہ اللہ تعالیٰ has stated that if all the people of a city discontinue calling out the Azaan, then I will wage a war against them, and if one person discontinues it, I shall beat him (i.e. reprimand him) and have him imprisoned. [Khania vol.1 pg.66; Hindiya pg.50; Durr-e-Mukhtar & Raddul Muhtar vol.1 pg.257]
Law: It is Makruh to perform the Jama’at (congregational prayer) in the Masjid without proclaiming the Azaan and Iqaamat. [Alamgiri vol.1 pg.51]
Law: Azaan should not be said if performing Qaza Namaaz in the Masjid. If a person living in a city or town performs his Namaaz at home and does not call out the Azaan, there is no objection to this, as the Azaan from the Masjid there is sufficient for him but it is Mustahab to give the Azaan. [Raddul Muhtar vol.1 pg.257]
Law: If there is a Masjid in a village (i.e. rural area) then the ruling in regards to one who performs his Namaaz at home is the same which applies to one who is in a city (i.e. urban area). If there is no Masjid in the rural area then the ruling in regards to Azaan and Iqaamat for him is the same, which applies to a Musafir (traveller/wayfarer). [Alamgiri vol.1 pg.51]
Law: If one is outside the city, in a township, orchard (i.e. farm), or in the fields and this place is nearby then in this case the Azaan from the town or rural area will suffice. However, it is still better to proclaim the Azaan. If one is not close (to the city etc.) then the Azaan from there is not sufficient. The meaning of being nearby or close enough is that the sound of the Azaan can be heard. [Alamgiri vol.1 pg.51]
Law: If people read Namaaz in the Masjid with Jama’at, then later realised that the Namaaz was not valid (for some reason), and time isremaining (for that Namaaz), then they may repeat the Namaaz in the same Masjid with Jama’at and the Azaan should not be repeated. If the gap between both was not too long, then there is also no need to repeat the Iqaamat. However, if the gap was lengthy, then the Iqaamat should be repeated, and if the time has expired, it should be read out of the Masjid with Azaan and Iqaamat. [Raddul Muhtar vol.1 pg. 262; Alamgiri vol.1 pg.51; including Ifadaat-e-Razviyah]
Law: If an entire congregation missed a Namaaz (i.e. their Namaaz became Qaza), then they may read it with Azaan and Iqaamat. One is even permitted to proclaim the Azaan and Iqaamat if one is performing Qaza individually, when he alone in an isolated place, otherwise, to disclose that you are reading Qaza is a sin. Hence, it is Makruh to read ones Qaza in a Masjid and if it is performed in the Masjid, then one should not proclaim the Azaan for it, and if one is performing Witr Qaza there, one should not raise the hands for Dua-e-Qunoot. However, if the Namaaz became Qaza due to such a reason, which affects all the Muslims there, then in this case Azaan will be proclaimed even if it is read in the Masjid. [Alamgiri vol.1 pg.52; Durr-e-Mukhtar & Raddul Muhtar vol.1 pg. 262] with clarification from Ifadaat-e-Razviyah
Law: If a few Namaaz of those who perform their Namaaz in congregation becomes Qaza, then in this case they may proclaim the Azaan and Iqaamat for the first Namaaz, and for the other Namaaz (for which they will perform Qaza), they have the option of either proclaiming both or simply sufficing with the Iqaamat. However, it is better to proclaim both.
This applies only if they perform all of them in one instance. However, if they perform it in different instances (i.e. times) then in this case, they should proclaim the Azaan for the first one in every time. [Alamgiri vol.1 pg.51]
Law: Azaan should be given after the prescribed time of the particular Namaaz has commenced. If the Azaan was given before the time started or if one started to proclaim it before the time commenced, and during the course of the Azaan the time did commence, then in both cases the Azaan must be repeated[1]. [Durr-e-Mukhtar text vol.1 pg.258]
Law: The Mustahab time for Azaan is the same time, which is regarded as Mustahab for that particular Namaaz. In other words, the Mustahab time for the Azaan of Fajr is after the whiteness starts
to spread, and in the beginning time of Maghrib and of Zuhr in winter; and after half the time has passed for the Zuhr in summer and for Asr and Esha during anytime of the year. However, for Asr Namaaz, it should not be proclaimed with such delay that whilst performing the Namaaz the Makruh time appears. If the Azaan was given in the beginning time of any Namaaz, and the Namaaz was performed in the ending time of that Namaaz, then too the Sunnat of Azaan has been accomplished. [Durr-e-Mukhtar & Raddul Muhtar vol.1 pg.258]
Law: With the exception of the Faraa’id (i.e. the Fard Prayers) there is no Azaan for the other Salaahs, such as for Witr, Eidain (both Eids), Nazr (Namaaz read to fulfil a vow), Sunan, Rawaatib, Taraweeh, Istisqa, Kasoof, Khusoof and Nafils. [Alamgiri vol.1 pg.50]
Law: It is Mustahab to proclaim the Azaan in the ear of a (new-born) child; in the ear of an aggrieved person; in the ear of one who is having an epileptic seizure; one who is overwhelmed by anger; in the ear of an ill-tempered person or animal; during the intensity of a battle; when a fire is raging; after burying a deceased; when a Jin is displaying its mischief; and behind a traveller; and when you lose your way in a jungle (i.e. in an isolated and harsh environment) and there is none to guide you. [Raddul Muhtar vol.1 pg. 258]. It is also Mustahab to proclaim the Azaan during any plague (or disaster). [Fatawa Razviyah]
Law: It is Makruh-e-Tahreemi for females to call out the Azaan and Iqaamat. If they do call it out, they will be sinful and it must be repeated. [Alamgiri vol.1 pg.50; Raddul Muhtar vol.1 pg.258]
Law: Whether females are performing their Namaaz as ‘Ada’ or Qaza; it is Makruh for them to proclaim the Azaan or Iqaamat for it even if they are reading it in a congregation. [Durr-e-Mukhtar vol.1 pg.262]. Reason being that the congregational prayers for females is by itself Makruh. [Text]
Law: The Azaan proclaimed by an Khunsa or a Faasiq (open sinner) even though he may be an Aalim, one in the state of intoxication, an insane person, a child who has not reached the age of understanding and a person in the state of Janaabat (one in an impure state and in need of the mandatory ritual bath), is Makruh. The Azaan given by any of the above-mentioned persons must be repeated. [Durr-e-Mukhtar vol.1 pg.263]
Law: The Azaan proclaimed by a child who has already reached the age of understanding, a slave (i.e. servant), a blind person, one who is an illegitimate child, and one without Wudu, is regarded as being valid. [Durr-e-Mukhtar vol.1 pg.262]. However, it is Makruh for one who is not in Wudu to proclaim the Azaan. [Maraqi Al Falah pg.107]
Law: It is impermissible to proclaim the Azaan for Zuhr in a City (Urban area) on a Friday, even though those praying Zuhr there may be exempt for some valid reason from Jummah being Fard upon them. [Durr-e-Mukhtar & Raddul Muhtar vol.1 pg.262]
Law: The one who is aware and has knowledge of the times of the Namaaz is the one who is suitable for proclaiming the Azaan. If he is not aware of the times, then he is not deserving of the reward, which is appropriate to a Mu’azzin. [Alamgiri vol.1 pg.50; Ghuniya vol.1 pg. 362]
Law: It is Mustahab for the Mu’azzin to be a male who is of sane mind; a pious and Allah fearing; who has knowledge of the Sunnah, and is dignified, and one who is the guardian of the affairs of the people, and one who cautions those who abstain from Namaaz in Jama’at, and one who is continuous and punctual in calling out the Azaan, and one who calls out the Azaan for the sake of attaining its reward (i.e. he does not take a salary for it). If the Mu’azzin is a blind person, and if there is such a person, who correctly informs him in regards to the time, then his Azaan and the Azaan of a seeing person is, alike (i.e. there is no discrepancy). [Alamgiri]
Law: If the Imam is the same person who calls out the Azaan (i.e. the Mu’azzin), then this is even better. [Durr-e-Mukhtar vol.1 pg.268]
Law: For one person to give Azaan in two different Mosques in one time (of Prayer) is Makruh. [Durr-e-Mukhtar vol.1 pg.268]
Law: The right of appointing the Imam and Mu’azzin is that of the founder of the Masjid (i.e. or the person in charge of the Masjid). If he is not there, then it is the right of his children and the people of his tribe. If the people in the community appointed such a person as the Imam or the Mu’azzin, who is better (more appropriate in the light of Shariat) as the Imam or Mu’azzin, then such a person is more appropriate. [Durr-e-Mukhtar, Raddul Muhtar vol.1 pg.268]
Law: If the Mu’azzin passes away whilst proclaiming the Azaan; or if he loses his power of speech; or if he stopped (due to forgetting etc.) and there is none to tell him what follows; or if his Wudu becomes nullified (breaks) and he went to perform fresh Wudu; or if he lost consciousness, then in all such cases, the Azaan must be repeated, even if he or another person is calling it out again. [Durr-e-Mukhtar vol.1 pg.263; Ghuniya vol.1 pg.361]
Law: If after proclaiming the Azaan (Allah Forbid), the Mu’azzin becomes a Murtad (apostate, i.e. he left the fold of Islam); there is no need to repeat that Azaan (which he proclaimed). However, it is better to repeat it. If he became a Murtad whilst proclaiming the Azaan then it is better for another person to proclaim the Azaan afresh from the beginning, and if the other person completes it from there forth, it is also permissible. [Alamgiri vol.1 pg.50]. In other words, this means that the other person should complete the Azaan from the point where the person who became Murtad stopped. This does not mean that the one who has become Murtad should still complete it even after committing apostasy, for the Azaan of an unbeliever is not regarded as being valid and will not earn him any reward, so the invalidation of part is invalidation of everything. Therefore, if there is something that nullifies the preceding Raka’at in Namaaz, it will invalidate the entire Namaaz. [Ifadaat-e-Razviyah]
Law: It is Makruh to proclaim the Azaan whilst sitting. If it was proclaimed whilst sitting, it should be repeated (standing). However, if a Musafir (traveller) proclaims the Azaan whilst sitting on the mode of transport, it is not Makruh. The Musafir should dismount and proclaim the Iqaamat. However, if he does not dismount and proclaims the Iqaamat whilst on the mode of transport, it will still be regarded as being valid. [Alamgiri vol.1 pg.50; Raddul Muhtar]
Law: Azaan should be proclaimed whilst facing the direction of the Qibla and to act contrary to this is Makruh. In this case, the Azaan should be repeated. However if a Musafir who is on a mode of transport, does not face the direction of the Qibla when proclaiming the Azaan, there is no objection. [Durr-e-Mukhtar vol.1 pg.260; Alamgiri vol.1 pg.50]
Law: To clear the throat without reason whilst proclaiming the Azaan is Makruh. However, if one clears the throat because ones voice has become hoarse and one wishes to bring more clarity in the voice, then there is no objection. [Ghuniya pg.361]
Law: It is Makruh for the Mu’azzin to walk whilst proclaiming the Azaan. If someone calls out the Azaan whilst walking, then the Azaan must be repeated. [Ghuniya pg. 361; Raddul Muhtar vol.1 pg.263]
Law: It is disallowed to talk whilst proclaiming the Azaan. If one did talk whilst calling out the Azaan, it must be repeated. [Sagheeri pg.196]
Law: To proclaim the words of the Azaan with ‘Lahn’ (i.e. with incorrect pronunciation) is Haraam. In other words, to change the Hamza (i.e. Alif) in the word Allah or Akbar, by adding a ‘Madd’ and reading it as ‘Aallah’ and ‘Aakbar’. Similarly, to read it by adding an alif after Akbar is also Haraam. [Durr-e-Mukhtar vol.1 pg.258; Alamgiri vol.1 pg.52]
Law: Similarly, to sing the Azaan in a musical style is also regarded as a ‘Lahn’ and to do so is impermissible. [Raddul Muhtar vol.1 pg.259]
Law: It is Sunnat to proclaim the Azaan (whilst standing) on an elevated place, so that those in the neighbourhood may hear it clearly. Azaan should be proclaimed in a loud voice. [Bahr]
Law: It is however Makruh to force the voice more than ones strength to do so. [Alamgiri vol.1 pg.52]
Law: The Azaan should be called out from the specially built area for Azaan or from outside the Masjid. Azaan should not be given inside the Masjid. [Summary of Alamgiri vol.1 pg.52]. To proclaim the Azaan inside the Masjid is Makruh. [Ghayatul Bayaan, Fathul Qadeer vol.2 pg.29; Nazm Zandawaisi Tahtawi alal Maraqi pg 107]. This ruling is in regards to all the Azaans. None of the Books of Fiqh (Jurisprudence) have excluded any Azaan from this rule. Even the second Azaan during Jummah falls within this rule. Imam Itqaani and Imam Ibn Al Humaam have written this ruling and law especially in the chapter on Jummah. However, there is one difference here that they havepointed out, and that is that the Mu’azzin must call out the Azaan (outside the Masjid) but in-line with the Khateeb (i.e. the one delivering the Khutbah). As for the practice of calling out (the second Azaan of Jummah) directly in front of the Mimbar (pulpit) or one or two hand lengths away from the Mimbar, like is the practice in many places in India today, then with regards to this, it must be noted that there is no authentic proof of this in any authentic book. This is contrary to both the Hadith and Fiqh.
Law: The words of Azaan should be announced with short pauses. Allahu Akbar Allahu Akbar combined is regarded as one word. After saying both these, there should be a pause. There should not be a pause between each of them. The duration of the pause should be equal to the amount of time wherein the person replying to it may reply. To disregard this pause is Makruh and to repeat such an Azaan is Mustahab. [Durr-e-Mukhtar & Raddul Muhtar vol.1 pg.259; Alamgiri vol.1 pg.52]
Law: If whilst giving Azaan, one changed (in error) the sequence of the words, then that portion should be rectified. There is no need to repeat the Azaan from the beginning. If one does not rectify it, and Namaaz was performed with this Azaan, there is no need to repeat that Namaaz. [Alamgiri vol.1 pg.52]
Law: حَیَّ عَلَی الصَّلٰوۃِ ‘Hay’ya alas Salaat’ must be proclaimed whilst turning towards the right and حَیَّ عَلَی الْفَلَاحِ ‘Hay’ya alal Falaah’ must be proclaimed whilst turning towards the left. This applies even if the Azaan, which is being proclaimed, is not for Namaaz. If the Azaan is being proclaimed in the ear of a new-born child or for any other reason, then merely turning the face is sufficient. There is no need to turn with the entire body to the right or left. [Durr-e-Mukhtar vol.1 pg.259]
Law: If one is proclaiming the Azaan from a Minaret, then he should put his head out of the opening on the right and proclaim the حَیَّ عَلَی الصَّلٰوۃِ ‘Hay’ya alas Salaat’ and he should put his head out of the opening on the left to proclaim the حَیَّ عَلَی الْفَلَاحِ ‘Hay’ya alal Falaah’. [Sharh Wiqaaya vol.1 pg.134]. This is only in the case when his voice is not able to reach the necessary area without him doing this. [Raddul  Muhtar vol.1 pg.259]. It must also be noted that putting the head outthrough the opening is only in the case when it is a sealed Minaret and there are openings on either side. If it is a completely open Minaret, he should not try to do this (i.e. turn too much or stretch out), but he should keep his feet in place and merely turn his face only (to the right and left).
Law: In the Azaan of the Morning Prayer (i.e. Fajr), after the ‘Falaah’ he should proclaim, اَلصَّلٰوۃُ خَیْرٌ مِّنَ النَّوْمِ ‘As Salaatu Khairum Minan Naum’, as to do so is Mustahab. [General Books of Fiqh]. Translation: ‘Namaaz is better than sleep’.
Law: It is Mustahab to thrust the fingers into the hole of the ears whilst calling out the Azaan, and if both hands are kept over the ears then this is good as well. [Durr-e-Mukhtar, Raddul Muhtar]. The first manner (i.e. thrusting the fingers into the ears) is more virtuous as this is in accordance with the Hadith and is more effective in raising the voice. The second manner may be used when a person’s ears are blocked and he feels that his voice has not been clearly heard, so he increases his pitch. [Raza]


[1] What this really means is that if one is giving Azaan for Maghrib Salaah, it can only be proclaimed for Maghrib after the time of Maghrib has commenced. If one called out the Azaan for Maghrib in the time of Asr or started calling it out at the time of Asr and then Maghrib commenced then in both cases it must be repeated.
 

0 comments:

Post a Comment