Category: Masjid
Fatwa#: 16418
Asked Country: Canada

Answered Date: Mar 07,2008

Title: 1. Is the opinion of 2 Jummah within Hanafi Madhab such a strict restriction for Jummah, that we can opt illegal measures to fulfil it?....2.Is there any scope of permissibility for 2 Jummahs...

Question

We are facing major problem at our Masjid. So far we have been having 2 Jummahs. Recently the Imam Sahib said that Hanafi Madhab does not allow having 2 jummah in the same masjid and he said that this is Allah's commandment.

Our Masjid has just gone through a renovation. As a condition for this renovation the Masjid committee had to sit with the local municipality and sign a written agreement stating that they will not allow more than 256 people in the masjid for congregation at any given time. This was duly agreed and signed by the masjid.

Now since the Imam Sahib has brought this information to light that Hanafi Madhab does not allow 2 jummas, we were told that from 9th of this month (i.e March) we will be having 1 Jummah. Doing so will mean that we will definitely have more than 256 people in the facility for Jummah. When Imam Saheb is confronted with this, he says that the written agreement with municipality is a man made law and can be over ruled when one has to comply to Allah's Law.

My questions are:

1. Is the opinion of 2 Jummah within Hanafi Madhab such a strict restriction for Jummah, that we can opt illegal measures to fulfil it? Would we not be liable for upholding the law of land in sight of Allah?
2. Is there any scope of permissibility for 2 Jummahs keeping in light that :
a. We are faced with a huge number of musallies which cannot comply to the legal laws if 1 Jummah is kept.
b. The jobs of most of the musallees are in accordance to the two timings, should only one Jumma be kept it may hinder in their ability to manage for Jummah
c. It is close to impossible that we establish different musallahs just for the sake of Jummah. The feasibility of that in our conditions is close to zero.

Mufti Saheb, The new ruling for 1 Jummah starts from 9th of this month. I humbly request to urgently send an answer for this query as soon as possible. If an answer on the letterhead along with general answer be sent to me through email, it will be a great help in putting it as a valid Shariah ruling in front of the committee.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

In the prevailing circumstances it is permissible to perform multiple Jummah Salaats in the same Masjid. This is not a violation of the laws of Shariah.

Shariah takes into consideration needs and necessities which relaxes prohibition. This is based on the following principles:

الضرورات تبيح المحضورات

Necessities permit the prohibited

المشقة تجلب تيسير

Difficulties bring easiness

Mufti Mahmood al-Hasan (ra) has permitted the performance of two Jummahs in one Masjid in the time of need. The prohibition of second congregation in one Masjid will not apply in such a case.

(Malfuzat Fiqhi al-Ummat Vol.1 Pg.324 Jamia Mahmoodiyya).

The principle of Shariah لا طاعة لمخلوق فى معصية الخالق will not apply in these circumstances. It will be highly irresponsible of the members of the Committee to violate the bylaws of the Municipality and risk the respect and security of the entire Muslim Community.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah

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