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Islamic date in Europe

Friday 14th of December 2018

06 Rabīʿ ath-Thānī 1440

 140000717843e41-original-1

We agree with doing the prayer behind any of the People of the Qibla whether rightful or wrongful, and doing the funeral prayer over any of them when they die.


Introduction

Academically in the Hanafi Madhab, two opinions exist with regards to the prayer of someone following an Imam (in prayer) and these are summarised as follows:

 

1 Is the prayer of the Muqtadi (follower) evaluated and deemed to be valid according to the principles of Madhab of the Muqtadi (follower) i.e. the Hanafi Madhab?

 

2 Is the prayer of the Muqtadi (follower) evaluated and deemed to be valid according to the principles of Madhab of the Imam (leader) i.e. whichever Madhab he is following?

 

Academic discussions are meant to broaden the horizons of research and enable hearts and minds to come closer. However, due to rightly guided pious Islamic Scholars articulating their position and issuing Fatwaas based on position 1 many (laymen) have lashed against their position being narrow-minded and for them to have a sectarian agenda. These Scholars are fulfilling the trust (upon them) by conveying what they believe to be the strongest position of their (respective) Madhab.

We believe that the other position (2) of the Hanafi Madhab has not been sufficiently articulated on the Internet and hope that the gap will be fulfilled by this brief treatise on the subject. In our discussions and research all Ulama are vehemently against division (of Muslims) and sectarianism. The differences between Madhahib should be placed in their Academic context and viewed accordingly.

 


Aqeedah Perspective:

There are no Aqeedah issues involved in praying behind another Imam as Imam Tahawi (RA) clearly states:

ونری الصلاۃ خلف کل بر وفاجر من اھل القبلۃ ، ونصلی من مات منھم

69. We agree with doing the prayer behind any of the People of the Qibla whether rightful or wrongful, and doing the funeral prayer over any of them when they die.

Shaykh (Qari) Tayyab (RA) writes in the commentary of this point:

Sayyidina Abu Huraira (RA) narrated that Allah's Apostle (Sallallaho Alaihe Wassallam) said, "If the Imam leads the prayer correctly then he and you will receive the rewards but if he makes a mistake (in the prayer) then you will receive the reward for the prayer and the sin will be his." [Bukhari]

 

1 Sayyidina Anas ibn Malik (RA) offered Prayer also behind Hajjaj   

 

2 Sayyidina Abdullah Ibn Masood (RA) and others performed Salah behind Waleed Bin Uqbah Ibn Abi Mu'eet.

 

Shah Waliullah (RA):

وَقد كَانَ فِي الصَّحَابَة وَالتَّابِعِينَ وَمن بعدهمْ من يقْرَأ الْبَسْمَلَة، وَمِنْهُم من لَا يقْرؤهَا، وَمِنْهُم من يجْهر بهَا، وَمِنْهُم من لَا يجْهر بهَا وَكَانَ مِنْهُم من يقنت فِي الْفجْر، وَمِنْهُم من لَا يقنت فِي الْفجْر، وَمِنْهُم من يتَوَضَّأ من الْحجامَة والرعاف والقيء، وَمِنْهُم من لَا يتَوَضَّأ من من ذَلِك، وَمِنْهُم من يتَوَضَّأ من مس الذّكر وَمَسّ النِّسَاء بِشَهْوَة، وَمِنْهُم من لَا يتَوَضَّأ من ذَلِك، وَمِنْهُم من يتَوَضَّأ مِمَّا مسته النَّار، وَمِنْهُم من لَا يتَوَضَّأ من ذَلِك، وَمِنْهُم من يتَوَضَّأ من أكل لُحُوم الأبل، وَمِنْهُم من لَا يتَوَضَّأ من ذَلِك.

وَمَعَ هَذَا فَكَانَ بَعضهم يُصَلِّي خلف بعض مثل مَا كَانَ أَبُو حنيفَة أَو أَصْحَابه وَالشَّافِعِيّ وَغَيرهم رَضِي الله عَنْهُم يصلونَ خلف أَئِمَّة الْمَدِينَة من الْمَالِكِيَّة وَغَيرهم وَإِن كَانُوا لَا يقرءُون الْبَسْمَلَة لَا سرا وَلَا جَهرا، وَصلى الرشيد إِمَامًا وَقد احْتجم، فصلى الْأَمَام أَبُو يُوسُف خَلفه وَلم يعد، وَكَانَ الإِمَام أَحْمد ين حَنْبَل يرى الْوضُوء من الرعاف والحجامة فَقيل لَهُ: فَإِن كَانَ الإِمَام قد خرج مِنْهُ الدَّم، وَلم يتَوَضَّأ هَل تصلي خَلفه؟ فَقَالَ: كَيفَ لَا أُصَلِّي خلف الإِمَام مَالك وَسَعِيد بن الْمسيب

Among the sahabah, the tabi'un and their followers, some used to recite the basmala (during the prayer), others would not; Some would recite basmala loudly (during prayer), some others not ; others making qunût in salât ul-fajr, others would not; some would consider ablutions cancelled by a bleeding, nose-bleeding or vomiting and others would not consider ablutions cancelled by one of these reasons; (similarly with touching the genital parts or his wife with pleasure, , or by eating what was touched by fire or with eating camel food). In spite of this, they would pray behind one another. Thus, Abu Hanifa or his 2 pupils, and ash Shafi'i and others would pray behind imaams of Madina etc., although they would not recite basmala loudly nor silently. Ar-Rashîd led prayer after having done a bleeding and Abu Yusuf prayed behind him and didn't repeat his prayer. Ahmad ibn Hanbal thought ablutions were cancelled by nose-bleding or bleeding and when questioned if he would pray behind an Imam who beld but didn't renew his Wudhu he (RA) replied, " Would I not have prayed behind Mâlik or Sa’ïd ibn ul-Mussayyib ?”

Shah Abdul Aziz Dehalvi (RA):

Q: Is it permissible for a follower of the Hanafi Madhab to follow a Shaf’ae, Maliki or Hanbali (Imam)?

 

The Salah of a Hanafi is perfectly valid behind a Shaf’ae, Maliki or Hanbali. It is because principally there is no division between the four (4) Madhabs and this injunction (of praying behind each other) is clearly elucidated in books of Ahadeeth and Fiqh. However, in our times some Ulama from Transoxiana have spoken (against this following) due to their lack of knowledge and bigotry. Their talk is worthy of refutation and it is not acceptable AT ALL and it is their Ijtehaad. In Makkah Mukarramah (today) this method of following each other is established that these (followers) pray behind each other. If this was not the injunction then what would be the difference between followers of Madhabs of Ahlus-Sunnah and heretical sects? Ahlus-Sunnah and those of knowledge amongst the Fuqaha regard that Haqq (truth) is in all four (4) Madhabs and this principle should be studied in authentic books so contentment of the heart is reached (on the issue) [Fataw-e-Azizi].

Fatawa-Azizi

 

Darul-uloom Deoband:

Q) When we Hanafi visit Haramain Sharifain in Ramadan, should we offer witr as the imam does or should we offer with them in their Hanbali way and then repeat our own witr again? And if we do pray with them then should we raise hands the way they do for the Qunoot?

According to Hanafi Fiqh, it is masnoon to offer all the three rakahs of witr with single salam. It is not lawful to perform salam on two rakahs. But according to other three imams it is masnoon to perform salam on two rakah and then offer one rakah with separate salam. According to preferred saying the witr salah of a Hanafi shall not be correct behind an imam who offered it with two salams. But according to Hadhrat Imam Abu Bakar Razi al-Jassas and Allama Ibn Wahban the most famous Hanafi Faqih of the forth period: the witr of Hanafi shall be correct. And at the time of need it is allowable to follow the less famous saying. The need of Hejaz is evident before every one. Hence it is right for a Hanafi to offer witr salah behind imam in Haramain. But when Imam offers salam on second rakah then the Hanafi should not make salam and complete third rakah with him.

فمذهب الحنفية أنه لا وتر عندهم إلا بثلاث ركعات بتشهدين وسلام نعم لو اقتدى حنفي بشافعي في الوتر وسلم ذلك الشافعي الإمام على الشفع الأول على وفق مذهبه ثم أتم الوتر صح وتر الحنفي عند أبي بكر الرازى وابن وهبان . معارف السنن

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

Darul-uloom Karachi:

Many Ḥanafī scholars are of the opinion that the Witr Ṣalāh behind an Imām who leads Witr in the manner with two sets of Salām is valid.

Shaykh (Mufti) Yusuf Ludhyanwi Shaheed (RA):

Q) Is the prayer of a Hanafi behind a Ghair-Muqallid or Shaf’ae Imam valid or not?

If it is conclusively known that the Imam considers and pays due regard to fulfilling the Arkaan (necessary pillars) and conditions of prayers of his followers then praying behind him would be valid without any reservations. However, if it is conclusively know that the Imam DOES NOT pay due regard to fulfilling the Arkaan (necessary pillars) and conditions of prayers of his followers then praying behind him then praying behind him would be invalid. If the condition of the Imam is not known then such following would be Makrooh (disliked). A vast majority of Ghair Muqallids today not only don’t pay due regard to fulfilling the Arkaan (necessary pillars) and conditions of prayers of his followers but regard them to be incorrect and deliberately act in contradiction to them and consider their (opposition) to be an act of virtue so steps should be taken to avoid following them. However, if such a situation arises (from time to time) then prayer should be done behind them and Jamaat should NOT be abandoned. This is when the Imam has the correct Aqeedah but if his Aqeedah is Faasiq and he considers Muqallids (Mushriks) or disparages the Salaf then his Imam will be Makrooh-Tahreemi (prohibitively disliked).

إن تيقن المراعاة لم يكره ، أو عدمها لم يصح ، وإن شك كره

 

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Shaykh (Mufti) Ashiq Ilahi Bulandshahrī Muhājir Madanī (RA):

His son Shaykh (Maulana) Abdur-Rahman (HA) writes:

Whenever my respected father (RA) was queried regarding the issue of praying Witr in Haram (after Taraweeh) which is performed with 2 Salams as to whether one should join the congregation or pray alone he used to respond that it should be performed with congregation. It is because Sayyidina Abdullah Ibn Umar (RA) used to perform (Wit’r) like this. My father was moderate and flexible in this regards and used to say that the multiple methods of Witr have been narrated in Ahadeeth. [Albalagh, page 35, September 2002/Rajab 1423]

Shaykh (Allamah) Anwar Shah Kahsmiri (RA):

Yes, the Witr of a Hanafi when praying behind a Shaf’ae (and the Shaf’ae performs a Salam at the end of the second Rakaat as per their Madhab and then concludes the Witr) is valid according to Imam Abu Bakr al-Jassas al-Razi (RA) [died 370 AH] & Ibn al Humam etc.


نعم  لو اقتدي خلف الشافعي وسلم الشافعي علي الركعة الثانية كما هو مذهبم ثم اتم الوتر الحنفي عند  ابوبكر الرازي و ابن هبان  - العرف الشذي شرح سنن الترمذي

Darul-uloom Haqqaniya (Akota Khattak):

What is the ruling of praying 1 Wit’r while following a Non-Hanafi Imam?

If a Non-Hanafi Imam performs 3 Wit’r without performing a Salam after 2 Rakaat then such following is correct. Similarly if he performs Salam after two Rakaat then according to Imam Abu Bakr al-Jassas al-Razi (RA) [died 370 AH] and other Mutakhireen (later) Fuqaha permit it and this opinion is (preferred) due to (our) circumstances [Fatawa Haqqaniya, Vol 3/Pg246]

لما قال الامام ابوبكر الجصاص الرازي: یجوز اقتداء الحنفی بمن یسلم علی الرکعتین فی الوتر و یصلی معه بقية الوتر لان امامه لا يخرج بسلامه لانه مجتهد فيه - البناية في شرح الهداية

 

قال العلامة انور شاه الكشميري: نعم لو اقتدي خلف الشافعي وسلم الشافعي علي الركعة الثانية كما هو مذهبم ثم اتم الوتر الحنفي عند  ابوبكر الرازي و ابن هبان

 

Shaykh (Maulana) Shabbir Ahmed Muradabadi (HA):

The Fuqaha of the Hanafi Madhab consider it necessary for the Wit’r Salah to be performed as 3 Rakaat with a single Salam (at the end) while the Fuqaha of the other Madhabs consider this method to be Sunnah (and not compulsory or necessary). Evidence is present on both sides. The stronger and relied upon opinion of the Hanafi Madhab is that the Wit’r Salah of the Hanafi behind an Imam who performs Wit’r with a Salam (after the second Rakaat) is not correct however since the fourth (level) Fuqaha of the (Hanafi) Madhab such as Imam Abu Bakr al-Jassas al-Razi (RA) [died 370 AH] & Ibn al Humam (RA) have said that the prayer of a (Hanafi) behind another Imam is valid this Mas’ala (issue) becomes a difference of opinion (amongst) Jursists.

In Masjidul-Haram and Masjidun-Nabawi the Wit’r Salah is (almost) always performed with 2 Salams (2 Rakaat + 1) therefore the Hanafees have some difficulty after Taraweeh. What are they supposed to do? It is possible (perhaps) to start performing Tawaf in in Masjidul-Haram and if not and in Masjidun-Nabawi what is a Hanafi supposed to do? Disrupt the prayers to exit or keep sitting? The follower (Hanafi) begins to subconsciously feel that he is causing a disruption to the congregational (Wit’r) therefore the following of the Hanafi has to be correct!

And we produce the evidence for the prayer to be valid:

At times of need it is permissible to act on a weaker opinion (within the Madhab) and the need (of Haram) is self-evident. Therefore keeping the views of Imam Abu Bakr al-Jassas al-Razi (RA) [died 370 AH] & Ibn al Humam (RA) in mind the prayer of the Hanafi will be valid. Scholars have stated this permissibility as follows:

فمذهب الحنفية أنه لا وتر عندهم إلا بثلاث ركعات بتشهدين وسلام نعم لو اقتدى حنفي بشافعي في الوتر وسلم ذلك الشافعي الإمام على الشفع الأول على وفق مذهبه ثم أتم الوتر صح وتر الحنفي عند أبي بكر الرازى وابن وهبان . معارف السنن

 

Thus the Madhab of the Hanafees is that the Wit’r is with 1 Salaam and 2 Tashahuds. Yes, if a Hanafi performs the Wit’r behind a (Shaf’ae) Imam where the Imam sits down and performs a Salam after the second Rakaat then concludes the Wit’r with a third separate Rakaat then the Wit’r of the Hanafi will be correct according to Imam Abu Bakr al-Jassas al-Razi (RA) [died 370 AH] & Ibn al Humam (RA).

 

وفي البحر : لا يجوز اقتداء الحنفي بمن يسلم من الركعتين في الوتر وجوزه أبو بكر الرازي ويصلي معه بقية الوتر لأن إمامه لم يخرج بسلامه عنده وهو مجتهد فيه

 

And it is stated in Bah’r that the prayer of Hanafi is not valid behind an Imam who performs Salam after the second Rakaat. But Imam Abu Bakr al-Jassas al-Razi (RA) has stated that it is permissible therefore since the Imam has not exited (or invalidated) his prayer (according to his Madhab) due to the Salam, the prayer of the (Hanafi) follower will be valid because this issue amongst difference of opinion (from the) Jursists.

The second evidence is that the decree of the ruler overrides differences of opinion and since Wit’r is being performed there according to the decree of the ruler then it is binding on the Hanafi to obey the ruler and those who reach (Haram) after travel also pledge to obey the rules and regulations. When someone breaks the injunctions of the ruler he is arrested therefore we can say that the performance of Wit’r is also being performed as a decree of the ruler. This method of performance of Wit’r (and therefore the decree of the ruler in this regard) is not against the Islamic Sharia so there is no room for disobedience because it is the opinion of 3 out of the 4 Imams. This rationale of decree of the ruler overriding differences of opinion is stated by the Ulama as follows:

ان حكم الحاكم رافع للخلاف في الامور المجتهد فيها - تكملة فتح الملهم

Thus the decree of the ruler settles difference of opinion (amongst) Jursists.

فكما ان الزاع يرتفع بالتعمل السابق فانه  يرتفع ايضا بتقنين من قبل الحكومة - تكملة فتح الملهم

 

Shaykhul-Hind (Maulana) Mahmud al-Hasan Deobandi (RA):

The third evidence is that the Shaykh (Allamah) Anwar Shah Kashmiri (RA) has recorded the opinion of Shaykhul-Hind (Maulana) Mahmud al-Hasan Deobandi (RA) that the prayer of a Hanafi behind an Imam (of the other 3 Madhabs) according to their method is valid and correct as it is the opinion of Imam Abu Bakr al-Jassas al-Razi (RA) [died 370 AH] [Anwarul-Manasik of Shaykh (Maulana) Shabbir Ahmed Muradabadi (HA), Pages 389-392].

ولا عبرة بحال المقتدي واليه ذهب الجصاص و هو الذي اختاره لتوارث السلف و اقتداء احدهم بالآخر بلا نكير مع كونهم مختلفين في الفروع و كان شيخنا محمود الحسن ايضا يذهب الي مذهب الجصاص

 

Translation pending...

1418 Mumbai Hajj Seminar:

This issue was deliberated at Mumbai Hajj house in 1418 and all of the Ulama unanimously agreed with this position (of the prayer of the Hanafi being valid) [Anwarul-Manasik of Shaykh (Maulana) Shabbir Ahmed Muradabadi (HA), Pages 389-392].


Ulama of India:

In Arab lands where the 3 Rakaat of Wit’r Salah are often performed with two Salams then there is leeway for a Hanafi to perform behind such an Imam. If the Imam performs his Salam after two Rakaat then a Hanafi shouldn’t perform his Salam but stand for the third Rakaat (without Salam) [Emerging issues and judgements of Indian Ulama, Page 43]

Shaykh (Mufti) Taqi Usmani Usmani (HA):

If the Wit’r is being performed by a Shaf’ae or Hanbali Imam like what happens in the Haram then the method of our elders is to join the congregation with the intention of Nafil (optional) Salah and then they don’t join them in the 3rd Rakaat but make their dua with the Imam (i.e. join the Imam in dua) and then they perform their Wit’r separately. If someone joins the Imam and performs Wit’r according to them then my dominant thought is that the prayer will be valid because their method of (wit’r) isn’t unsubstantiated or invalid! Although in some of our (Hanafi) books it is written that such following is invalid but some amongst the Hanafees such as Imam Ibn al Humam (RA) say that it is permitted and I love their statement. I say that if Sayyidina Abdullah Ibn Umar (RA) was the Imam then would we not perform Salah behind them and pray individually? So my action (in following my elders) is so because it is closer to caution but I also join the Jamaat (and pray) from time to time [An’aamul-Bari, Vol 4/Pg 204]

Shaykh (Mufti) Rafi Usmani (HA):

When I am in Madina, people ask me about praying Wit’r behind the Imam so I have done some (extensive) research on the matter. I have found that authentic and major (Hanafi) Ulama are on both sides of the opinion. Some say that the person should stick to their own Madhab and abstain and others say that the person should follow and perform Wit’r behind the Imam so when I am asked I say that I perform Wit’r behind the Imam and as the (Imam) performs it. But then I also say that I repeat it later but I neither say nor declare this (repetition) a Waajib. Why? Because do you think that the Imam who is performing (wit’r) Salah is performing it out of his back pocket? No, he also has evidence! And our disagreement is between Rajih (the dominant or distinguished opinion) and Marjooh and this isn’t a matter of Haq vs Baatil! [Parts 3 & 4 of London talk entitled "The Role of the Ulema in Realising Unity"]

Shaykh (Mufti) AK Hoosen (HA):

All of these have been taken from “Over 300 Common Questions with Islamic verdicts regarding Ramadhan” a book which is not available outside of South Africa.

Q) Some brothers claim that Hanafis are not allowed to pray behind a Shafie Imam because they do not wipe (make masah) of the entire head and only put water on the front part of the scalp?

It is permissible to follow Shafi’es etc in all Salaats and vice versa

Q) When the Imam makes dua in wit or Fajr Salah, Should I raise my hand if I follow the Hanafi madhab?

Both ways are permissible. However, the Hanafees state that it is desirable to leave hands on the side.

Q) During the month of Ramadhan I was asked the question that whether a Hanafi can read his witr Salah behind a Shafie Imam?

It is permissible for Hanafis to follow Shafi’es and Hanbalees even if the Imam reads 2 rakaats and 1 rakaat individually. For reference are: Maariful Sunan by Allamah Yusuf Binori (RA), page 163, Arfus Shadhi by Allama Anwar Shah Kashmiri (RA), page 204. Mufti Aashiq Ilahi (RA) was a Mufti of the Hanafis in Madina Munawwara informed me personally that this is permissible. This is the verdict of Mufti Mehmood (RA), Mufti Taqi Usmani (HA) etc.

Shaykh (Mufti) Marghoob Ahmed Lajpuri (RA), Grand-Mufti Burma:

The Wit’r Salah of a Hanafi performed behind a Shaf’ae is correct. If the Shaf’ae Imam performs 3 Rakaat with one Salam and recites the Qunut after Ruku then the Hanafi should also do so (after Ruku) as some from amongst the Sahabah had acted in this manner and the Salah of the Hanafi is not in the least bit invalidated (by it) since the following of the Imam is necessary. The exception of following the Imam (in prayer) is the (regular and perpetual) recitation of Qunut in every Faj’r Salah because this regularity and perpetuity is an innovation (Bid’ah) due to not being proven from the Sunnah. Therefore the Hanafi (follower) should remain silent in Qunut (of Faj’r) as the Imam cannot be followed what is not proven (with evidence) in Islamic Sharia. The Takbeer in the 3rd Rakaat (of Wit’r) is Sunnah and the absence of Takbeer by a Shaf’ae Imam doesn’t invalidate (the prayer).

It is better to have two congregations but what is the case when the Salah (of Witr) is led by a Shaf’ae and he performs Salam after the second Rakaah, is the Salah of the Hanafi valid or invalid? The authentic and correct opinion is that the Salah of (Hanafi) follower will be valid provided that the (Shaf’ae) Imam doesn’t perform an action between the Salam (of second Rakaah) and commencing of third Rakaah which invalidates prayer such as talking etc. The Hanafi should recite the Qunut (without raising hands) after Takbeer.

In the first 15 days of Raamdhan where the Shaf’ae (Imam) had not recited the Qunut the Salah of the Hanafi follower is valid due to the Imam’s prayer being valid according to his own Madhab [Rasaile-Arkaan, Pg108.

Shaykh (Mufti) Tosir Miah (HA):

Q) How should a Hanafi follower act when praying in a congregation behind a Shafie imam who raises his hands in Qunut in Fajr, should he also raise his hands in Qunut? If yes, should he recite anything? If no, what if he is afraid that it causes fitna not to raise the hands?

In the name of Allah, the most Beneficent, the most Merciful.

According to the Hanafi School of Thought a person should not raise his hands to make dua during the Qunut of the Fajr Salah and one should remain silent with his hands on his sides. If the person participated in it then such an action will be considered disliked, but will not render the Salah to be invalid. (Hidayah p.145 v.1 & Fatawa Mahmoodiyah p.370 v.6) Insha Allah your actions should not create a fitnah or mischief. However, if there is a fear of this then you can act upon Imam Abu Yusuf’s opinion who allows a Hanafi to follow a Shafi Imam in the Qunut of Fajr. (Hidayah, Ibid)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

Shaykh Yūsuf Shabbīr (HA):

Many Ḥanafī scholars are of the opinion that the Witr Ṣalāh behind an Imām who leads Witr in the manner with two sets of Salām is valid.