Laws of Jurisprudence
Jummah is Fard-e-Ain and its obligation (Fardiyat) is more emphasised
than that of Zuhr, and one who rejects it, is a Kaafir (unbeliever).
[Durr-e-Mukhtar vol.1 pg.748]
Law: There are 6 conditions that make the
performance of Jummah proper, and if even one of the conditions is missing, it
will not take place.
First Condition: Misr
or Fina-e-Misr (Town/City or Outskirts of the City), Misr refers to that place which has numerous streets and market places,
and it should either be a district or subdivision (sector of the district). The
villages surrounding it are counted within it and there is some Authority (Governor
etc.) there, who due to his power and stately authority is able to enforce
justice so that the oppressed (or victim) gets justice against the oppressor
(or perpetrator). In other words, he should have the authority to enforce
justice, even though he himself maybe unjust, and does not enforce true
justice.
The places which are around the city or town (i.e. the outskirts) which
are there for the benefit of the town are known as the Fin-e-Misr, such as the
Cemetery, Open paddocks for riding horses, Army Quarters, Courts and (Railway)
Station etc. If there places are outside the town, then they are counted as
Fina-e-Mist (i.e. being on the outskirts), and Jummah is permissible there (as
well). Hence, Jummah can be performed in the city or town, or in its Fina (i.e.
on the outskirts). Jummah is not permissible in a village. [Ghuniya]
Law: Jummah is also permissible in a city, which
has come under the control of the unbelievers, for as long as it is a Darul
Islam. [Raddul Muhtar vol.1 pg.748]
Law: In a Misr (City) it is necessary for the
Haakim (Authority) to be living there. If he only came there on a visit, that
place will not become a Misr, and Jummah cannot be established there. [Raddul Muhtar
vol.1 pg.748]
Law: That place which is close to the city but is
not there for the fulfilment of the needs of the City, and if there is farming
land etc. between that place and the city, then Jummah in such a place is not permissible,
even though the sound of the Azaan of Jummah can be heard there. [Alamgiri
vol.1 pg.145]. However, most Ulama have mentioned that if the people are able
to hear the Azaan of Jummah, then Jummah is Fard on those people, but some have
even said that if a place is far away from the City, but he is able to reach
there without any discomfort, then it is Fard to perform Jummah. Thus, those
people who live in villages close to the city should go to the city and perform
their Jummah there.
Law: If one who is living in a village comes to a
city (or town) and he intends to remain there for the Friday, then Jummah is
Fard upon him, and if he wishes to return (home) on the same day, be it before or
after Zawaal, Jummah is not Fard on him. However, if he performs it, he is
deserving of Thawaab. Similarly, if a Musafir entered a city but did not make
Niyyat of Iqaamat (residence), Jummah is not Fard (on him). If a person from a
village came to the City with the intention of Jummah and he intends to do some
other chores as well, then in this case he has received the Thawaab (reward) of
coming (for Jummah). If he reads the Jummah, he will get the Thawaab of reading
it as well. [Alamgiri vol.1 pg.145; Durr-e-Mukhtar, Raddul Muhtar vol.1
pg.771/772]
Law: In the days of Hajj, Jummah will be performed
in Mina if the Khalifa or the Ameer of the Hijaz (i.e. of Hijaz-e-Makkah) is
present there. The Ameer-e-Mausum (i.e. the one who has been appointed as the
Haakim for the Hajis) cannot establish Jummah. With the exception of the days
of Hajj, Jummah cannot be performed in Mina at any other time, and in Arafaat
Jummah is absolutely improper. Neither can Jummah be performed there during
Hajj or during any other time. [Alamgiri vol.1 pg.145]
Law: Jummah can be performed at numerous places in
a city, be it a small city or a big city, and Jummah should be performed in two
or more Musjids. [Durr-e-Mukhtar vol.1 pg.755]. However, Jummah should not be
established in many places without any need, because Jummah Sha’arul Islam
(i.e. from the Customary Signs of Islam) and is the Amasser of the
Congregations, and by having it in (too) many Musjids, that Islamic Splendour
does not remain, which is found in the Mass (Congregation). It has been allowed
in multiple places and locations to repel any harm (or discomfort), so we
should not unnecessarily split the Jama’at and establish Jummah in every
street. Also, there is one very important aspect regarding which the general public
pays no attention at all, is that they have regarded Jummah to be like any
other Namaaz, whereby whosoever wishes establishes a New Jummah (somewhere), and
whosoever wishes leads it. This is impermissible, because to establish Jummah
is the responsibility of the Badsha-e-Islam (Muslim Ruler) or his duly
appointed Representative. This will be discussed at a later stage (in detail).
In a place where there is no Islamic Empire, there the Principal Sunni Sahih ul
Aqida Faqih is the Qaaim Maqaam (Substitute) of the Sultaan-e-Islam in
Authorising. Hence only he is allowed to establish (new) Jummah there. Without
his permission this cannot be done. If even this (i.e. such an authority) is
not present, then the general public may appoint the Imam. However, in the
presence of an Aalim, the ordinary people (general public) cannot appoint an
Imam on their own accord, and neither can a few people get together and appoint
someone as the Imam. To (establish) Jummah in this manner is not proven
anywhere.
Law: Zuhr Ihtiyaati (i.e. out of caution to
perform 4 Raka’ats Zuhr after Jummah with this Niyyat that I am intending to
perform the very last Zuhr, which I had the time for but did not perform), is
only for specific people, who do not have a doubt in the Fard of Jummah being
Ada. As for the general public (Awaam), then if they perform Zuhr Ihtiyaati,
they will have a doubt in regards to the Jummah being Ada, thus they should not
perform it. When performed, this Raka’ats should be performed in full, and it
is better to perform the last 4 Raka’ats Sunnat of Jummah and to then perform
the Zuhr Ihtiyaati, and thereafter one should perform the remaining 2 Sunnats.
For these 6 Raka’ats of Sunnat the intention should be for the Sunnats of the
current time. [Alamgiri vol.1 pg.145; Sagheeri; Raddul Muhtar vol.1 pg.757]
Second Condition: The
Sultanul Islam or his duly appointed Representative who has the authority of
establishing Jummah.
Law: Whether the Sultan is Aadil (Just) or Zaalim
(Unjust), he still has the right of establishing Jummah. Similarly, if he has
forcefully taken power of leadership, in other words according to Shariah he does
not have the right of Imamat (Leadership), for example, if his is not Qarshi
(which is a pre-requisite for a Sultan e Islam), or if any other pre-requisite
is missing, then even he is allowed to establish Jummah. Likewise, if a female
makes herself the Badsha (Muslim Ruler), then on her command the Jummah will be
established, but she herself cannot establish it. [Durr-e-Mukhtar, Raddul
Muhtar vol.1 pg. 759]
Law: The one, who has been appointed as the Imam
of Jummah by the Badsha, is allowed to appoint someone else to perform the Jummah,
even though he has not been given this authority, to allow someone else to
perform it. [Durr-e-Mukhtar vol.1 pg.750]
Law: If someone performed the Jummah without the
Ijaazah (permission) of the Imam-e-Jummah, then (in this case) if the Imam or
the one through whose authority the Jummah is established joins (the Jama’at),
the Jummah will be regarded done (valid), otherwise not. [Durr-e-Mukhtar,
Raddul Muhtar vol.1 pg.752]
Law: If the Haakim-e-Shahr (The City Authority,
i.e. Muslim Mayor or Governor etc.) passed away or if he has gone away due to
some problem (fitna), and his Khalifa (The Wali Ahad, i.e. heir apparent) or the
Qadi-e-Mazoon (Duly Authorised Justice) established the Jummah, it is
permissible. [Durr-e-Mukhtar]
Law: If in any city, there is no Badsha-e-Islam
(Muslim Ruler) etc. by whose authority Jummah is established, then the public
may appoint as Imam whom they wish. Similarly, if they are not able to get permission
from the Badsha, then too they may appoint someone. [Alamgiri vol.1 pg.146; Durr-e-Mukhtar
vol.1 pg.754]
Law: If the Haakim-e-Shahr is a Na-Baaligh or an
unbeliever, and now that Na-Baaligh has become Baaligh or that unbeliever has become
a Muslim, even then he has no right to establish Jummah. However, if a new
Command has been sent (by the Badsha in this regard) or if the Badsha said that
after he becomes Baaligh or after he accepts Islam, he may establish the
Jummah, then (in this case) he is allowed to establish it. [Alamgiri vol.1
pg.146]
Law: Permission for the Khutbah is to receive
permission for Jummah and the permission for Jummah is permission for Khutbah, even
though he was told to perform the Khutbah and not perform the Jummah. [Alamgiri
vol.1 pg.146]
Law: If the Badsha stops the people from
establishing Jummah, then the people should establish the Jummah by themselves,
and if he has nullified any city being a city, then the people now have no authority
to perform Jummah (there). [Raddul Muhtar vol.1 pg.754]. This only applies if
the Badsha-e-Islam nullified the city from being a city, and if an unbeliever
nullified it, then it should still be performed.
Law: If the Imam-e-Jummah has been dismissed by
the Badsha, then until such time that he does not receive the decree of
dismissal, or if the Badsha himself does not come, he will not be regarded
dismissed. [Alamgiri vol.1 pg.146]
Law: If the Badsha (Muslim Ruler) journeyed to a
city in his country, then he is permitted to personally establish Jummah there.
[Alamgiri vol.1 pg.146]
Third Condition: The
Time of Zuhr This means that the Namaaz should be
completely within the time of Zuhr, thus if the time of Asr commenced whilst in
Namaaz (of Jummah) even if it was after Tashahud, the Jummah is Baatil (void), and
the Qaza of Zuhr must be performed. [Alamgiri vol.1 pg.146]
Law: If the Muqtadi fell asleep during Namaaz and
his eyes only opened after the Imam had turned salaam, then if time is
remaining, he should complete his Jummah. Otherwise, he should perform the Qaza
of Zuhr, by making Takbeer-e-Tahreema afresh. [Alamgiri vol.1 pg. 146].
Likewise, if there was such a huge crowd that he was not able to perform Ruku
or Sujood, until such time that the Imam turned salaam, then the same applies
here.
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