The Five Schools of Islamic Law: Al-Hanafi, al-Hanbali, al-Ja’fari, al-Maliki, al-Shafi’i

The Five Schools of Islamic Law: Al-Hanafi, al-Hanbali, al-Ja’fari, al-Maliki, al-Shafi’i0%

The Five Schools of Islamic Law: Al-Hanafi, al-Hanbali, al-Ja’fari, al-Maliki, al-Shafi’i Author:
Publisher: Ansariyan Publications – Qum
Category: Jurisprudence Science

The Five Schools of Islamic Law: Al-Hanafi, al-Hanbali, al-Ja’fari, al-Maliki, al-Shafi’i

Author: Muhammad Jawad Mughniyyah
Publisher: Ansariyan Publications – Qum
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The Five Schools of Islamic Law: Al-Hanafi, al-Hanbali, al-Ja’fari, al-Maliki, al-Shafi’i
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The Five Schools of Islamic Law: Al-Hanafi, al-Hanbali, al-Ja’fari, al-Maliki, al-Shafi’i

The Five Schools of Islamic Law: Al-Hanafi, al-Hanbali, al-Ja’fari, al-Maliki, al-Shafi’i

Author:
Publisher: Ansariyan Publications – Qum
English

Al-Tayammum

Performing tayammum (as a substitute for Wudhu’) is justified under certain circumstances. It is performed in a particular manner and with specific substances and there are certain rules which are applicable to it.

Conditions in which Tayammum is Performed

The schools differ concerning the permissibility of tayammum by a healthy person who is not travelling, in the event of his not finding water (for Wudhu’). The question is, does the absence of water justify the performance of tayammum only in the state of journey or ill-health, or is the permissibility general and includes the state of health and non-travel?

Abu Hanifah observes: A healthy person who is not travelling will neither perform tayammum nor salat if he is unable to find water1 . He cites verse 6 of Surat al-Ma'idah as the basis of this opinion:

وَإِنْ كُنْتُمْ مَرْضَىٰ أَوْ عَلَىٰ سَفَرٍ أَوْ جَاءَ أَحَدٌ مِنْكُمْ مِنَ الْغَائِطِ أَوْ لَامَسْتُمُ النِّسَاءَ فَلَمْ تَجِدُوا مَاءً فَتَيَمَّمُوا صَعِيدًا طَيِّبًا

If you are sick or on a journey, or if any of you comes from the privy, or you have touched women, and you can find no water, then perform tayammum on wholesome dust....(5:6)

The verse (the Hanafis say) is explicit that the sole unavailability of water does not justify tayammum unless the person is sick or on a journey. Therefore, if tayammum is limited to a sick person and a traveller, a healthy person who is not travelling has no obligation to perform salat in this situation because he cannot acquire tahara.

The remaining schools concur that a person not possessing water will perform tayammum and offer salatt regardless of his being a traveller or not, and irrespective of his being healthy or sick. This is in consonance with the following mutwatir tradition accepted by all the schools:

إن الصعيد الطيب طهور للمسلم، وان لم يجد الماء عشر سنين

Wholesome dust is surely a purifier for a Muslim even if he does not find water for ten years.

These schools omit the condition of travel mentioned in the verse since it also implies the usual non-availability of water during journeys in the past.

Apart from this, if the argument of Abu Hanifah be accepted, the position of a traveller and a sick person would be more taxing than that of a non-travelling healthy person, because salat will be wajib on the two and not on the latter.

The Shafi'is and the Hanbalis say: If water available is not sufficient for performing complete tahara, it is wajib to perform as much of it as is possible with water and to do tayammum for the remaining parts. Hence if he has water which is only sufficient for washing the face, he will wash the face and then resort to tayammum.

The other schools observe: The presence of insufficient water is equivalent to its absence, and nothing is wajib in such a situation except tayammum.

However, the issue of non-availability of water does not have that applicability in our times because water is available in sufficient quantity for all people and at all places, at home as well as during travel.

The reason the legists dealt in detail with the wujub of searching for water and the extent of effort to be made, and with the case when there is a danger to one's life, ions or honour from robbers and wild animals and the case where he finds a well without a bucket, and the case where he has to pay more than the usual price for it, etc., was that travellers used to face great difficulty in obtaining water.

Harm to Health

The schools concur that among the reasons justifying tayammum is the harm the use of water may do to one's health or the probability of such a harm. Anyone who fears falling ill, or fears that his illness would become more acute or prolonged or that its cure would become more difficult, can reason to tayammum for tahara instead of using water.

A Subsidiary issue

Where there is no time for using water (such as when a person wakes up in the morning and finds so little time left for the wajib salat that if he intends to procure water for fahiuah he would have to perform its qada after the appointed time while if he resorts to tayammum he would be able to perform it ada') is it wajib for such a person to perform tayammum or must he perform tahara with water?

The Malikis and the lmamis observe: He should perform salat by making tayammum, but must repeat the salat with Wudhu’.

The Shafi'is say: In no situation is tayammum permissible in the presence of water.

The Hanbalis differentiate between the states of journey and stay, observing: If such a situation arises during a journey, he must perform salat with tayammum without being required to repeat it, and if it arises during a state of non-travel, there will be no justification for tayammum.

The Hanafis state: Tayammum is permissible in such a situation for performing those supererogatory (nafilah) salats which have a specific time of performance, e.g. the sunnah salats after the noon and sunset prayer. But tayammum is not permissible for a wajib salat if water is available, even if there is insufficient time; rather, he will do wuzu' and perform the qada', and if he performs it with a tayammum during the appointed time, he will have to repeat it after the time has passed.

The Substance on which Tayammum is Performed

There is a consensus among the schools regarding the wujub of performing tayammum on 'wholesome dust' (al.-sa'id al-tahur) in consonance with the verse and the noble tradition

خلقت الأرض مسجدا وطهورا

(The earth has been created a place for performing prostration and as a purifier ). Tayyib means 'pure', and 'pure' means that which has not come into contact with najiisah. The schools differ concerning the interpretation of the word 'sa'id'.

The Hanafis and a group of Imamis understand it to mean the ground surface and therefore permit tayammum on dust, and sand and rocks and prohibit it on minerals such as quicklime, salt, arsenic, etc.

The Shafi'is interpret it as soil (turiib) and sand and consider tayammum wajib on these two if they contain fine dust. They do not permit tayammum on stones.

The Hanbalis take it to mean only dust and hence tayammum is not valid in their opinion if performed on sand and stones. This is also the opinion of most Imami legists, though they allow it on sand and rocks in case of necessity.

The Malikis take the word sa'id rather liberally and include in its meaning dust, sand, rocks, snow and minerals provided they have not been moved from their place. But they exclude gold, silver and precious stones and do not permit tayamnuun on them under any condition.

The Manner of Performing Tayammum

The schools concur that tayamnuun is not valid without niyyah. Even the Hanafis observe: It is required in tayammum though not in wuu; and as they accept that tayammum removes hadath like Wudhu’ and ghusl, they allow the niyyah of removing hadath to be made for its performance just like the niyyah of permissibility of salat (istibahat al-salat).

The other schools state: Tayammum only permits hadath without removing it. Hence a person performing tayammum should make niyyah of permissibility of that which requires tahara and not niyyah of removal of hadath But an Imami legist says: The niyyah of removal of hadath is valid with the knowledge that tayammum does not remove it, because the niyyah of removal of hadath necessarily implies the niyyah of permissibility.

The best way of reconciling all these opinions for a person performing tayammum is that he make niyyah of seeking the nearness of God (qurbatan ila Allah) by obeying the command pertaining to tayammum, irrespective of whether this command pertains to it as such or arises from the command of salat or some other act which requires the performance of tayammum.

The schools, in the same way as they differ in interpreting the word sa'id, also differ in their interpretation of the words wajh (face) and aydi (hands) occurring in the verse.

The four Sunni schools and Ibn Babawayh, an Imami, say: By wajh is meant the whole face including the beard, and by yadayn, the hands and the wrists along with the elbows. Accordingly, the parts of the face and arms to be wiped in tayammum are exactly the same as (are washed) in wut/.ii'. Thus the hands will be struck twice (on that upon which tayammum is valid), and the first time the whole face will be wiped and the second time the two arms from the end of the fingers to the elbows.

The Malikis and the Hanbalis say: The wiping of hands is fard up to the wrist-bones, and sunnah up to the elbows.

The Imamis state: The word wajh is to be interpreted as 'part of the face because ba' in the verse فامسحوا بوجوهكم connotes the meaning of a part (tab'id) when prefixed to an object (maf'ul). And if the ba' does not signify a part, it will have to be considered superfluous because the verb imsahu is transitive by itself. The part of the face that must be wiped in their opinion is from the upper part of the forehead where the hair grow, to the upper part of the nose including the eye-brows.

They say: By yadayn is meant only the hands (kaffan); since the word yad in Arabic has various meanings and the most common of them in usage is kaff2 .

Accordingly, the manner of performing tayammum in the Imami school is by first striking on the earth with the palms and wiping the face from where the hairs grow to the upper part of the nose, then striking a second time and wiping the entire back of the right hand with the left palm and then the entire back of the left hand with the right palm.

The Imamis also consider sequence to be wajib; hence if the hands are wiped before the face, the tayammum becomes invalid. Similarly, it is necessary to start from the top and proceed downwards; doing the opposite would invalidate it. Most of them consider striking on the earth as wajib, so that if one only places his hands on it without striking, the tayammum becomes batil.

The Hanafis observe: If dust settles on his face and one places his hand on it and wipes it, he can do without striking the earth.

All the schools concur that the taharah of the parts of the body involved in tayammum is a necessary condition, irrespective of whether it is the wiping or the wiped part. The same applies to the substance on which tayammum is being performed.

They also concur that it is ntial to remove one's ring while performing tayammum and that just moving it, as in Wudhu’.', is not sufficient.

They differ concerning continuity; the Imamis and the Malikis require it between its different parts. Hence if there is a time gap between them which vitiates continuity the tayammum becomes invalid.

The Hanbalis say: Both continuity and sequence are wajib if the tayammum is for minor hadath, but none for major hadath The Shafi'is require sequence, not continuity. The Hanafis require neither sequence nor continuity.

The Rules of Tayammum

1. All the schools, except the Hanafi, concur that it is not valid to perform tayammum for a salat before its time has arrived. The Hanafis say: Tayammum is valid before the arrival of time.

The Imamis observe: If one performs tayammum before the time of salat for any other purpose for which tayammum is permissible and then the time of salat arrives while his tayammum is still intact, he may perform salat with that tayammum.

The Imamis and the Hanafis allow the performance of two salats with a single tayammum.

The Shafi'is and the Malikis say: It is not permissible to offer two obligatory (fard.) salats with a single tayammum. The Hanbalis allow them, both as ada and qada'.

2. After one performs tayammum in accordance with the Shari'ah, he will be like one who has performed tahara with water, and everything which is permissible for the latter will be permissible for him. The tayammum is broken by all those kinds of major and minor hadath which require renewal of Wudhu’' or ghusl, as well as on the disappearance of the excuse of unavailability of water or disease.

3. If water becomes available after the performance of tayammum but before beginning the salat, tayammum becomes invalid in the opinion of all the schools. If it becomes available while he is performing the salat, some lmamis say: If that happens before his first ruku', both the tayammum and salat become batil, and if after the ruku, he will complete the salat, which will be deemed valid.

The Shafi'is, Malikis and Hanbalis in one of the two opinions narrated by them, as well as some lmamis state: After saying the takbirat al-'ihriun, he will continue the salat without paying attention, and the salat will be valid because God Almighty says: ولا تبطلوا أعمالكم (And do not make your acts invalid). The Hanafis observe: Such a salat will be invalid. The schools concur that if the justification (for performing tayammum) disappears after the performance of the salat while its time is still there, one is not obliged to repeat the salat again.

If a person in state of janabah performs tayamnuun in place of ghusl and then a minor hadath occurs and there is water enough for only perfomring Wudhu’, will Wudhu’ be wajib along with the repetition of tayammum in place of ghusl.

The Malikis and most Imamis observe: He will perform tayamnuun in the place of ghusl.

The Hanafis, Shafi'is, Hanbalis and a group of Imamis state: He will perform Wudhu’ because the tayammum was in place of janabah and was broken by something other than janabah. Hence he will not become junub again unless the janabah recurs, and he will be considered as being affected only by the minor hadath.

The Hanbalis differ from all the other schools in their acceptance of tayammum for material najiisah present on the body3 .

If both the ways of acquiring taha.rah (i.e. with water and tayamnum) are not possible (such as in the case of a person who is imprisoned in a place where there is neither water nor any substance on which tayamnuun is performed, or he is so ill that he can neither perform Wudhu’' nor tayamnuun and there is no one to help him in peforming them) will it be wajib to perform salat without taharah? Furthher, presuming that the salar is wajib and he performs it, must he repeat it after taharah becomes possible?

The Malikis say: He is not required to perform salat, neither ada nor qada.'.

The Hanafis and the Shafi'is observe: It will remain wajib, either as ada or qada'. In the opinion of the Hanafis, the meaning of performing it ada' is that he will simulate the movements of a musalli, while the Shafi'is require him to perform real salat. After the excuse disappears he will repeat this salar as required by the Shari'ah.

Most Imamis state: He is not required to offer it as ada',though it will remain wajib as qada'.

The Schools and the Verse Concerning Tayammum

It became clear from our discussion on the topics of al-ma al-mudaf , the causes which break the Wudhu’', and tayammum, that the difference of opinion among the schools of Islamic fiqh relates mostly to the interpretation of the words of the verse dealing with tayammum:

وَإِنْ كُنْتُمْ مَرْضَىٰ أَوْ عَلَىٰ سَفَرٍ أَوْ جَاءَ أَحَدٌ مِنْكُمْ مِنَ الْغَائِطِ أَوْ لَامَسْتُمُ النِّسَاءَ فَلَمْ تَجِدُوا مَاءً فَتَيَمَّمُوا صَعِيدًا طَيِّبًا فَامْسَحُوا بِوُجُوهِكُمْ

If you are sick or on a journey, or if any of you comes from the privy, or you have touched women and you can find no water, then perform tayammum on wholesome dust and wipe your faces.... (5:6)

The legists first differ concerning one on whom tayammum is obligatory in the event of unavailability of water: is it one who is sick or on a journey, or does it also apply to a healthy non-traveller?

Is the meaning of 'touching' women sexual intercourse or just touching them with the hand? Does the word 'water' mean only plain water (al-ma al-mutlaq) or does it include al-ma al-mudaf as well? Does the word sa'id mean just dust or does it signify the surface of the earth, irrespective of its being dusty, sandy or rocky? Does the word wajh mean the complete face or just a part of it? Does the word yad imply only the hand or does it include the hand and the forearm? Here we will give a summary of the opinions discussed:

1. Abu Hanifah observes: Tayammum is not valid in the absence of water for a healthy person who is not travelling, and thus salat is also not wajib upon him because the verse permits only a sick person and a traveller to perform tayammum in the absence of water.

The four schools say: Touching a woman who is a 'stranger' (ajnabiyyah) with the hand has exactly the same effect as returning from the privy and breaks the Wudhu’.

The Imamis state: Sexual intercourse breaks the taharah and not touching with the hand.

2. The Hanafis say: The meaning of فلم تجدوا ماء فتيمموا is water, either mutlaq or mudaf. The other schools say: The word 'water' occurring in the verse is commonly understood to mean plain water and not al-ma al-mudaf.

3. The Hanafis and a group from among the Imamis observe: The word sa'id means dust, sand and rock.

The Shafi'is say: It means only dust and sand. According to the Hanbalis it means only dust. The Malikis state: It includes dust, sand, rock, snow and minerals.

The four schools say: By wajh in the verse is meant the whole face.

The Imamis say: It means only a part of it.

4. The four schools observe: The word aydi should be interpreted as including the hands, wrists and elbows.

The Imamis consider it to mean only the hands.

This difference of opinion among the schools, if it proves anything, proves that this divergence of views is superficial, not substantial, and one of language and not of principle. It resembles the difference between philologists concerning a particular word or between men of letters concerning the interpretation of a verse or couplet. This is the reason why we find that legists belonging to the same school differ among themselves exactly like one school differing with another.

Notes

1. Ibn Rushd, al-Bidayah wa al-nihayah, i, 63, 1935 ed. and Ibn Qudamah, al-Mughni, i, 234, 3rd ed.).

2. lbn Rushd, al-Bidayah wa al-nihayah, i, 66

3. al-Fiqh 'ala al-madhahib al-'arba'ah, mabhath arkan al-tayammum

2. Salat, Ritual Prayer

Salat

بِسْمِ اللَّـهِ الرَّحْمَـٰنِ الرَّحِيمِ

Salat (prayer) is either obligatory (wajib) or supererogatory (mandub).The most important of prayers are the obligatory prayers performed daily five times, and there is consensus among Muslims that a person who denies or doubts their wujub is not a Muslim, even if he recites the shahadah, for these prayers are among the ‘pillars’ (arkan) of Islam. They are the established necessity of the faith (al-Din) that does not need any ijtihad or study, taqlid or questioning.

The schools differ regarding a person who does not perform the salat (tarik al-salat) due to laziness or neglect though believes in its wujub. The Shafi’is, Malikis and Hanbalis observe: He will be killed.

The Hanafis state: He will get perpetual imprisonment unless he starts performing the salat.

The Imamis state: Whoever neglects any wajib duty such as salat, zakat, khums, hajj and sawm, will be chastened by the hakim in a manner deemed appropriate by him. If he does not yield to remonstrance, he will be chastened a second time, and if he does not turn penitent, a third time. And if he continues in the same manner, he will be killed the fourth time (al-Shaykh al-Kabir, Kashf al-Ghita, 1317 ed., p79).

The Daily Supererogatory Prayers (Rawatib)

Supererogatory prayers are of various kinds, and among them are those which are performed along with the obligatory daily prayers (fara’id). The schools differ regarding the number of their rak’ahs. The Shafi’is consider them to be eleven rak’ahs: two before the morning (subh) prayer, two before the noon (zuhr) prayer and two after it, two after the sunset (maghrib) prayer,two after the night (‘isha’) prayer and a single rak’ah called ‘al-watirah.’

The Hanbalis consider them to be ten rak’ahs; two rak’ahs before and after the noon prayer, two after the sunset and the night prayer, and two rak’ahs before the morning prayer.

According to the Malikis there is no fixed number for the supererogatory (nawafil) prayers performed with the obligatory salat, though it is best to offer four rak’ahs before the zuhr and six after the maghrib prayer.

The Hanafis classify the nawafil performed along with the fara’id into ‘masnunah’ and ‘mandubah’.1 The ‘masnunah’ are five: two rak’ahs before the subh; four before the zuhr, and two after it, except on Friday; two after the maghrib and two after the ‘isha’ prayer.

The ‘mandubah’ are four: four -or two- rak’ahs before the ‘asr, six after the maghrib, and four before and after the ‘isha’ prayer.

The Imamis observe: The rawatib are 34 rak’ahs: eight before the zuhr, eight before the ‘asr, four after the maghrib, two after the ‘isha’ (recited while sitting and counted as a single rak’ah; it is called ‘al-watirah’), eight rak’ahs of the midnight prayer (salat al-layl), two rak’ahs of al-shaf’, a single of al-watr,2 and two rak’ahs before the morning prayer, called ‘salat al-fajr’.

The Time of Zuhr and ‘Asr Prayers

The fuqaha’ begin with salat al-zuhr, because it was the first salat to be declared obligatory, followed by the ‘asr, the maghrib, the ‘isha’and the subh prayer, in that order. All the five prayers were made obligatory on the night of the Prophet’s cosmic journey (al-Isra’), nine years after the beginning of his mission (bi’thah). Those who hold this opinion cite as proof verse 78 of the Surat al-Isra’ which stipulates all the five prayers:

أَقِمِ الصَّلَاةَ لِدُلُوكِ الشَّمْسِ إِلَىٰ غَسَقِ اللَّيْلِ وَقُرْآنَ الْفَجْرِ إِنَّ قُرْآنَ الْفَجْرِ كَانَ مَشْهُودًا

“Perform salat from the declining of the sun to the darkening of the night and the recital of the dawn; surely the recital of the dawn is witnessed.”(Qur’an 17:78)

The schools concur that salat is not valid if performed before its appointed time and that the time of the zuhr prayer sets in when the sun passes the meridian. They differ concerning its duration.

The Imamis say: The specific period of the zuhr prayer extends from the moment the sun crosses the meridian up to a period required to perform it, and the specific period of the ‘asr prayer is the duration required to perform it just before sunset. The time between these two specific periods is the common period for the two salats.

This is the reason they consider it valid to perform both the prayers successively during their common period.3 But if the time remaining for the end of the day is sufficient only for performing the zuhr prayer, the ‘asr prayer will be offered first with the niyyah of ada’ and later the zuhr prayer will be performed as qada’.

The four Sunni schools observe: The time of the zuhr prayer begins when the sun crosses the meridian and continues till the shadow of an object becomes as long as its height; and when the length of the shadow exceeds the height of the object, the time for the zuhr prayer comes to an end. Here the Shafi’is and the Malikis add: These limits are for an unconstrained person (mukhtar); and for one who is constrained (mudtarr), the time for zuhr prayer extends even after an object’s shadow equals its height. The Imamis consider the time when an object’s shadow equals its height as the end of the time of fadilah (honor) for the zuhr, and when it equals twice the height of the object as the time of fadilah for the ‘asr prayer.

The Hanafis and the Shafi’is state: The time of ‘asr prayer begins when the length of an object’s shadow exceeds its height and continues upto sunset.

The Malikis say: For the ‘asr prayer there are two times, the first for ordinary circumstances and the second for exigencies. The former begins with an object’s shadow exceeding its height and lasts until the sun turns pale. The latter begins from when the sun turns pale and continues until sunset.

The Hanbalis observe: One who delays offering the ‘asr prayer till after an object’s shadow exceeds twice its height, his salat will be considered ada’ if performed before sunset, though he will have sinned because it is haram to delay it until this time. They are alone in all the schools in holding this opinion.

The Time of Maghrib and ‘Isha’ Prayers

The Shafi’i and the Hanbali schools (in accordance with the view of their respective Imams) state: The time for the maghrib prayer begins when the sun sets and ends when the reddish afterglow on the western horizon vanishes.

The Malikis say: The duration for the maghrib prayer is narrow and confined to the time required after sunset to perform the maghrib prayer along with its preliminaries of taharah and adhan, and it is not permissible to delay it voluntarily. But in an emergency, the time for the maghrib prayer extends until dawn. The Malikis are alone in considering it impermissible to delay the maghrib prayer beyond its initial time.

The Imamis observe: The period specific to the maghrib prayer extends from sunset4 for a duration required to perform it, and the specific period of the ‘isha’ prayer is the duration required to finish it before midnight. The time between these two specific periods is the common time for both maghrib and ‘isha’ prayers. Hence they allow the joint performance of these two salats during this common time.

That was with respect to someone who is in a position to act out of free choice (mukhtar), but as to a person constrained by sleep or forgetfulness, the time for these two salats extend until dawn, with the period specific for the ‘isha’ prayer becoming the time required to perform it just before dawn and the specific period for the maghrib prayer becoming the time required to perform it just after midnight.

The Time of Subh Prayer

There is consensus among the schools, with the exception of the Maliki, that the time for the morning prayer begins at day-break (al fajral-sadiq) and lasts until sunrise. The Malikis say: The subh prayer has two times: for one in a position to act out of free choice it begins with daybreak and lasts until there is enough twilight for faces to be recognized; for one in constrained circumstances it begins from the time when faces are recognizable and continues up to sunrise.

Notes

1. The Hanafis use two terms ('fard' and 'wajib') for something whose performance is obligatory and whose omission is impermissible. Hence they divide obligation into two kinds: fard and wajib. 'Fard 'is a duty for which there is definite proof, such as Qur'anic text, mutawatir sunnah, and ijma' (consensus).'Wajib' is a duty for which there is a Dhanni (non-definite) proof, such as qiyas (analogy) and khabar al-wahid (isolated tradition). That whose performance is preferable to its omission is also of two kinds: 'masnun' and 'mandub'. 'Masnun' is an act which the Prophet (S) and the 'Rashidun' caliphs performed regularly, and 'mandub' is an act ordered by the Prophet (S) though not performed regularly by him (S). That which it is wajib to avoid and whose performance is not permissible is 'muharram' if it is established by a definite proof. If based on a Dhanni proof, it is 'makruh', whose performance is forbidden.

2. According to the Hanafis, the salat al-watr consists of three rak'ahs with a single salam. Its time extends from the disappearance of twilight after sunset to dawn. The Hanbalis and Shafi'is say: At minimum it is one rak'ah and at maximum eleven rak'ahs, and its time is after the 'isha' prayer. The Malikis observe: It has only one rak'ah.

3. There are among 'ulama' of the Sunni schools those who agree with the Imamis on performing the two salats together even when one is not travelling. Al-Shaykh Ahmad al-Siddiq al-Ghumari has written a book on this topic, Izalat al khatar 'amman jama'a bayn al-salatayn fi al-hadar.

4. There is no difference regarding the definition of sunset between the Imamis and the other four schools. But the Imamis say that the setting of the sun is not ascertained simply by the vanishing of the sun from sight, but on the vanishing of the reddish afterglow from the eastern horizon, for the east overlooks the west and the eastern afterglow, which is a reflection of sun's light, pales away as the sun recedes.

That which is rumored regarding Shi'is that they do not break their fast during Ramadan until the stars become visible, has no basis. In fact they denounce this opinion in their books on fiqh with the argument that the stars may be visible before sunset, at the time of sunset or after it, and declare that "one who delays the maghrib prayer till the stars appear is an accursed man (mal'un ibn mal'un).”

They have said this in condemnation of the Khattabiyyah (an extremist sect which deviated from Shi’a), the followers of Abu al-Khattab, who held this belief. Thanks to God that they are now one of the extinct sects. Imam al-Sadiq a.s. was told that the people of Iraq delay the maghrib prayer until the stars become visible. He answered, "That is on account of Abu al-Khattab, enemy of Allah."

The Qiblah

The schools concur that the Ka’bah is the qiblah of the one who is near it and is able to see it. They differ regarding the qiblah of one who is away from the Ka’bah and unable to see it.

The Hanafis, Malikis, Hanbalis and a group of Imami legists observe: The qiblah of one at a distance is the direction of the Ka’bah and not the Ka’bah itself.

The Shafi’is and most Imamis state: It is wajib for one who is near the Ka’bah as well for one at a distance, to face the Ka’bah itself. Thus, if it is possible to ascertain that one is facing the Ka’bah itself, one must do so; otherwise the probability (zann) that one may be facing it, is sufficient. It is obvious that one who is far away from the Ka’bah is in no way capable of ascertaining that he is facing the Ka’bah, considering that the earth is spherical. Consequently, the qiblah of one away from the Ka’bah will be the direction of the Ka’bah and not the Ka’bah itself.

Ignorance of the Qiblah (Direction)

It is wajib for a person ignorant of the qiblah to inquire and strive to determine its exact or approximate direction1 , and in case neither of the two is possible, the four Sunni schools and a group from among the Imamis say: He may perform salat in any direction; his salat will be valid and it will not be wajib for him to repeat it except in the opinion of the Shafi’is.

Most Imamis observe: He will perform Salat in four directions to comply with the command for salat and to ascertain its proper performance. But if there isn’t sufficient time for performing salat four times or if one is incapable of performing it in four directions, he may perform salat in the directions that he can.

A Subsidiary Issue

If a person prays not facing the qiblah and comes to know about his mistake, the Imamis state: If the error is known during the salat and the correct qiblah lies between his two hands, the part of the salat already performed will be valid and he will have to correct his direction for the remaining part of the salat. But if it is known that he has been praying facing the east, or the west, or the north with his back towards the qiblah (this is with reference to Lebanon where the qiblah lies to the south), the salat will be invalid and he will perform it anew.

If the error is known after performing the salat, it should be performed again if its time is still there, not otherwise. Some Imamis say: The salat will not be repeated if there is only a little deviation from the qiblah, irrespective of whether its time is still there or not.

But if it has been performed facing east or west [the right or the left (90 degrees off)], it should be repeated if its time is there, not otherwise. If the salat is performed with one’s back to the qiblah (180 degrees off), it should be repeated regardless of whether its time is still there or has passed.

The Hanafis and the Hanbalis observe: If after inquiring and striving to find the qiblah one is unable to ascertain its approximate direction and performs salat in a direction which turns out to be wrong, he must change his direction accordingly if the mistake is known during the salat, and if it is known afterwards his salat is valid and he has no further obligation.

The Shafi’is say: If it becomes certain that there has been a mistake in determining the qiblah, it is wajib to repeat the salat, but if there is only a likelihood of mistake, the salat is valid irrespective of whether the probability arises during the salat or after it.

As to one who neither makes an inquiry nor an effort to determine the qiblah, but by chance performs the salat in the right direction, the Malikis and Hanbalis consider his salat to be invalid (batil).

The opinion of the Imamis and the Hanafis is that his salat is valid provided he has no doubts while praying and was sure about the direction of the qiblah at the time of starting the salat, because, as pointed out by the Imamis, in such a situation it is correct for him to make the niyyah of acquiring nearness (qurbah) to God.

Notes

1. The command to face Masjid al-Haram has come in verse 144 of Surat al-Baqarah (...So turn your face towards Masjid al-Haram), and the leave to turn in any direction in verse 115: (To God belong the East and the West; where ever you turn there is the Face of God). Some scholars have held that the former verse abrogates the latter.

Others disagree and point out that there is no abrogation involved here, nor is it a case of one being particular and the other general. The way to reconcile the two verses, they point out, is that the former verse applies to those who know the direction of the qiblah and commands them to turn towards it. The latter verse specifically applies to one who is at a loss regarding its direction and orders him to perform salat in any direction he wants. This opinion seems to be more credible.