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

The Rules of Modesty

This issue is one of those from which numerous by laws are derived,such as those specifying the parts of one’s body that must be covered (‘awrah) and the parts of another person’s body which it is haram to look at, those relating to the difference between maharim (relatives through lineage or marriage with whom marriage is prohibited) and non-maharim persons in this regard, the difference in this regard due to sameness or difference of sex, the difference between looking and touching and similar rules which are discussed below.

1. Looking at One’s Own Body

The schools differ concerning covering of one’s ‘awrah (private parts) from one’s own view and whether it is haram for one to uncover one’s ‘awrah in privacy.

The Hanafis and the Hanbalis observe: In the same way that it is not permissible for a person to expose his ‘awrah in the presence of anyone for whom it is not permissible to look at it, it is not permissible for him to expose it when alone without necessity, as arises at the time or bathing or answering the call of nature.

The Malikis and Shafi’is say: It is not unlawful but reprehensible (makruh) to be bare without necessity.

The Imamis state: It is neither haram nor makruh when no one else is looking at it.

Ibn Abi Layla holds an uncommon opinion that prohibits one from baring oneself even for bath for the reason that water is inhabited by living beings (al-Majmu’ Sharh al-Muhadhdhab, ii, 197).

2. Woman and Her Maharim

The schools differ concerning the parts of the body a woman must cover in the presence of her maharim (except the husband) and Muslim women.1 In other words, what constitutes the ‘awrah of a woman in the presence of Muslim women as well as her maharim, both through lineage and marriage?

The Hanafis and the Shafi’is say: It is wajib for her to cover the area between the navel and the knees in their presence.

The Malikis and the Hanbalis observe: She must cover the area between the navel and the knees in front of women, and in the presence of her maharim, her whole body except the head and the arms.

Most Imamis state: It is wajib for her to cover her rear and private parts in the presence of women and her maharim; to cover other parts as well is better though not wajib, except where there is a fear of sin.

3. Women and ‘Strangers’

About the extent of the body to be covered by a woman in the presence of a ‘stranger’ (any male apart from the mahrim), the schools concur that it is wajib for her to cover her whole body except the face and hands (up to the wrists) in accordance with the verse 31 of Surat al-Nur:

وَلاَ يُبْدِينَ زِينَتَهُنَّ إِلاَّ مَا ظَهَرَ مِنهَا وَلْيَـضْرِبْنَ بِخُمُرِهِنَّ عَلَى جُيُوبِهِنَّ

...And reveal not their adornment save such as is outward; and let them cast their veils over their bosoms (Qur’an 24:31)

considering that ‘outward adornment’ (al-zeenah) implies the face and hands. The word ‘al-khimar’ (whose plural ‘khumur’ occurs in the verse) means the veil which covers the head, not the face, and the word ‘al-jayb’ (whose plural ‘juyub’ occurs in the verse) means the chest. The women have been commanded to put a covering on their heads and to lower it over their chests. As to verse 59 of Surat al-Ahzab:

يَا أَيُّهَا النَّبِيُّ قُلْ ِلأَزْوَاجِكَ وَبَنَاتِكَ وَنِسَاءِ الْمُؤْمنينَ يُدْنِينَ عَلَيْهِنَّ من جَلاَبِيبِهِنَّ

‘O Prophet, say to your wives and daughters and the believing women that they draw their veils close to them..., (Qur’an 33:59)

the word ‘al-jilbab’ (whose plural jalabib occurs in the verse) does not mean a veil covering the head; rather it is a shirt or garment.

4. Man’s ‘Awrah

The schools differ concerning the parts of man’s body which it is haram for others to see and for him to expose. The Hanafis and the Hanbalis state: It is wajib for a male to cover the area between the navel and the knees before all except his wife. It is permissible for others, irrespective of their being men or women, maharim or strangers, to look at the rest of his body when there is no fear of sin.

The Malikis and the Shafi’is say: There are two different situations for a male with respect to the extent he can expose his body: the first, in the presence of men or those women who are his maharim; the second, in the presence of women who are not his maharim.

In the former instance he is only supposed to cover the area between the waist and the knees, while in the latter it is haram for a woman stranger to look at any part of a man’s body. Though the Malikis exclude the face and the arms if looked at without any sensual motive, the Shafi’is do not permit any exception2 .

The Imamis differentiate between the parts of other person’s body which can be looked at and those parts of one’s own body which ought to be covered. They observe: It is wajib for a male to cover only his rear and private parts, though it is wajib for women who are not his maharim to abstain from looking at any part of his body except his head and hands (upto the wrist).

To summarize the Imami opinion, it is permissible for a male to view the body of other men and his female maharim except the rear and private parts provided no sensual motive is involved. Similarly, a woman can view the body of another woman and her male maharim excepting the rear and private parts provided no sensual motive is involved.

5. Children

Concerning the body of a child, the Hanbalis say: It is not prohibited to touch or look at the body of a child below seven years. It is not permissible to look at the rear and private parts of a male child between the age of 7 to 9 years, and for ‘strangers’ the whole body of a female child above the age of seven.

The Hanafis observe: No part of the body of a boy of four years and below is prohibited from being looked at. Above this age only his rear and private parts are prohibited from being looked at as long as sexual desire has not awakened in him. If he reaches the age of sexual desire, the rule applicable to adults will be applicable to him with respect to both the sexes.

The Malikis state: It is permissible for a woman to look at and touch the body of a boy below the age of eight years, and only look at it till the age of twelve. A boy above the age of twelve is considered similar to an adult. It is permissible for a man to look at and touch the body of girl below two years and eight months, and to look at, though not touch, till she reaches the age of four years.

According to the Shafi’is, the rules applicable to an adult apply to an adolescent male child. But if a child is below that age and is also incapable of describing what he sees, all parts of his body can be looked at. But if he can describe what he sees with a sexual interest, he will be considered similar to an adult. As to a girl below the age of adolescence, only if she has developed sexual appeal will she be considered similar to a full-grown woman, not otherwise, though it will be haram for anyone except someone who looks after her to look at her parts.

The Imamiyyah observe: It is wajib to cover one’s ‘awrah in front of a child of discriminating age, who can describe what he sees, though it is not wajib before the one who is incapable of doing so, because (in this respect) he is similar to an animal. That was regarding the covering of the body in the presence of a child, but with respect to looking at a child’s ‘awrah, al-Shaykh Ja’far in his book Kashf al-ghita’ states: It is not wajib to abstain from looking at the parts of a child below five years, though it is absolutely impermissible to look at them with a sexual interest.

From what I have been able to ascertain from the traditions of the Ahl al-Bayt, the age limit for the permissibility of looking at the child’s ‘awrah is six years, not five.

6. Woman’s Voice

All the schools concur that listening to the voice of a woman is not prohibited, except where pleasure is involved or when there is a fear of sin. The (Imami) author of al-Jawahir, at the beginning of the chapter on marriage, has mentioned as his proof the continuing practice of Muslims belonging to different periods and regions, the sermons of Fatimah (sa) and her daughters, the innumerable instances of conversations of the wives of the Prophet (S), the Imams and the ‘ulama’ – which cannot possibly be considered as having taken place due to emergency - and also the holding of mourning and wedding ceremonies by women in the presence of men from early times, the conversations between opposite sexes while conducting transactions, as well as the Qur’anic verse:

ولا تَخْضَعْنَ بِالْقَوْلِ

Be not complaisant in your speech.. (Qur’an 33:32),

in which not speech itself but its manner and complaisance have been prohibited.

7. The Colour, Not the Shape

The schools concur that it is wajib to cover (the body’s) colour, not its shape. This writer comments: If the colour of the covering is similar to the colour of the skin, so that it is not discernable from it, as in the case of skin-coloured stockings, the presence or absence of covering will be equal.

8. The difference between Looking and Touching

Every part that is permissible to touch, may be looked at, and every part that is haram to be looked at may not be touched. Here there is a general consent among the schools because touching involves greater pleasure than looking, and no legist of any school claims concomitance between the permissibility of looking and the permissibility of touching.

Hence, though it is permissible for a man to look at a female stranger’s face or hands, it is not permissible for him to touch her except in an emergency such as for medical treatment or for rescuing her from drowning. The following tradition has been narrated from al-Imam al-Sadiq (as):

هل يصافح الرجل المرأة ليست له بذي محرم؟ قال: (لا، إلاّ من وراء ثياب ).

(Al-Imam al-Sadiq (A) was asked:) "Can a man shake hands with a woman who is not his mahram?” The Imam (A) replied: "No, unless there is a cloth in between.”

The Hanafis exclude shaking hands with an old woman from the prohibition. In the book of Ibn ‘Abidin (vol.1, p.284) it is stated: It is not permissible to touch the hands or face of a young woman even with the assurance of absence of any sexual motive. As to an old woman who has no sexual appeal, there is nothing wrong in shaking hands with her with the assurance of absence of a sexual motive.

The Imamis and the Hanafis allow touching the body of any mahram provided no sexual motive or pleasure is involved.

The Shafi’is prohibit touching even those parts of a mahram’s body which it is permissible to look at. It is even not permissible in their opinion for a person to touch the belly or back of his mother, pinch her ankles or feet or kiss her face. Similarly, it is not permissible for a person to ask his daughter or sister to press his legs. (al-‘Allamah al-Hilli, al-Tadhkirah, vol.2, beginning of “bab al-zawaj”).

9. The Difference Between Exposing and Looking at

The Imamis observe: There is no concomitance between the permissibility of exposing the body and the permissibility of looking at it. Hence it is permissible in their opinion for a man to expose the whole of his body except his rear and private parts, while it is not permissible for a non-mahram woman to look at it. I have not found anyone expressing this opinion in the numerous books of the four Sunni schools.

10. Old Women

God Almighty says in the Qur’an:

وَالْقَوَاعِدُ مِنْ النِّسَاءِ اللاَّتِي لاَ يَرْجُونَ نِكَاحاً فَلَيْسَ عَلَيْهِنَّ جُنَاحٌ أَنْ يَضَعْنَ ثِيَابَهُنَّ غَيْرَ مُتَبَرِّجَاتٍ بِزِينَةٍ وَأَنْ يَسْتَعْفِفْنَ خَيْرٌ لَهُنَّ وَاللَّهُ سَمِيعٌ عَلِيمٌ

And such women as are past child-bearing and have no hope of marriage, it is no sin for them if they put off their clothes, so be it that they flaunt no ornament; but to abstain is better for them, and God is All-hearing, All-knowing. (Qur’an 24:60)

This noble verse indicates that it is permissible for old women who have no desire for marriage due to their old age "to expose their face and a part of their hair and arms, and such other parts which aged women usually keep exposed. The traditions of the Ahl al-Bayt (as) also point to the same, on condition that such exposure be not with the intent of display. Rather, it is to allow them to come out for fulfilling their needs, though it is better for them to keep themselves covered."3

This permission is with the assumption that it is not permissible to expose any of the above-mentioned parts of the body if there is fear of its leading to something haram, because a woman, regardless of her elderly age, may remain sexually attractive. Therefore, if there is any likelihood of that kind, the rule applicable to her will be the rule applicable to young women.

Islam is lenient with respect to elderly women and strict regarding young women. But in practice we observe the opposite of what the Qur’an has ordered. We see shamelessness and display of charms among some young women, while elderly women keep themselves covered and are reserved. So where God is strict, they are lenient, and where He is lenient, they are strict.

Notes

1. Verse 31 of Surat al-Nur mentions those before whom women can expose their adornment, and among them are Muslim women. Thus the verse prohibits a Muslim woman from exposing herself before a non-Muslim woman. The Shafi’is, Malikis and Hanafis construe this prohibition as implying tahrim.

Most Imamis and Hanbalis say: There is no difference between Muslim women and non-Muslim women. But according to the Imamis, it is makruh for a Muslim woman to expose herself before a non-Muslim woman, because she may describe what she observes to her husband.

2. al-Fiqh ‘ala al-madhahib al’arba’ah, vol.1, mabhath satral-’awrah.

3. Al-Jawahir, at the beginning of “bab al-Zawaj”.

Wajib Covering During Salat

The schools concur that it is wajib upon both men and women to cover those parts of their bodies during salat which should ordinarily be kept covered before ‘strangers’. Beyond that their positions differ. Is it wajib for a woman to cover, fully or partly, her face and hands during salat, although she is not required to do so outside salat? Is it wajib for a man to cover other parts of his body during salat apart from the area between the navel and the knees, though it is not wajib to do so outside salat?

The Hanafis observe: It is wajib upon a woman to cover the back of her hands and the soles of her feet as well, and upon a man to cover his knees in addition to the area between the navel and the knees.

The Shafi’is and Malikis say: It is permissible for a woman to keep her face and both the palms and the back of her hands uncovered during salat.

The Hanbalis state: It is not permissible for her to expose any part except the face.

The Imamis observe: It is wajib for both men and women to cover only those parts of their body during salat which they are supposed to cover ordinarily in the presence of a ‘stranger’. Hence it is permissible for a woman to expose during salat that part of her face which is washed during wudu’; her hands up to the wrists, and her feet up to the ankles both the back as well as the palms of hands and the soles of feet. For a man, it is wajib to cover the rear and the private parts, though better to cover the entire area between the navel and the knees.

The Requirements for the Covering during Salat

The covering should meet the following requirements where the ability and freedom to meet them exist:

1.Taharah

The purity of the covering and the body are necessary for the validity of salat in the opinion of all the schools, although each of them concedes certain exceptions in accordance with the following details:

The Imamis state: Blood from wounds and sores, irrespective of its quantity, is considered excusable on the dress as well as the body if its removal entails difficulty and harm (mashaqqah wa haraj). A blood spot smaller than the size of a dirham coin, regardless of its being due to one’s blood or that of someone else, is also excusable provided that: it is in a single place and not in different places; it is not the blood of hayd, nifas and istihadah; it is not the blood of anything intrinsically najis, such as dog and pig, or the blood of a dead body (maytah).

Also excusable is the impurity (najasah) of anything that does not constitute part of essential dress during salat, e.g. a sash, cap, socks, shoes, ring, anklet and that which one carries with oneself, e.g. knife or currency. The najasah of the dress of a woman rearing a child, irrespective of whether she is the mother or someone else, is exempted on condition that it be difficult for her to change it and that she washes it once every day. In other words, in their opinion every najasah on dress or body is exempted in conditions of emergency (idtirar).

The Malikis observe: Cases of uncontrolled discharge of urine or excrement, as well as piles, are excusable; so is any impurity on the body or clothes of a woman suckling an infant that may be soiled by the infant’s urine or faeces. So also are exempted the body and clothes of a butcher, surgeon and scavenger. Also exempted is: blood – even that of a pig - if it is less than the size of a dirham coin: the discharge from boils, the excrement of fleas, and other things which need not be mentioned because they occur rarely.

The Hanafis say: Najasah, blood or anything else, if less than the size of a dirham coin is exempted. Also exempted in emergencies is the urine and excrement of a cat and mouse. Tiny splashes - as small as the point of a needle - of urine, the blood that unavoidably stains a butcher, and the mud on roads - even if it is usually mixed with najasah and provided the najasah itself is not visible - are exempted. Consequently, they consider najasah in a small quantity as exempted, such as the urine of an animal eating which is halal, if it covers a fourth of the clothes and less than one-fourth of the body.

According to the Shafi’is, every najasah which is in such a small quantity that the eye cannot see it is exempted. So is the mud on roads which is mixed with a small quantity of najasah, worms present in fruits and cheese, najis liquids added in medicines and perfumes, excrements of birds, najis hair in small quantity if they do not belong to a dog or a pig, and other things as well which are mentioned in detailed works.

The Hanbalis say: Minute quantities of blood and pus are exempted, and so is the mud on roads whose najasah is certain, as well as the najasah that enters the eyes and washing which is harmful.

2. Wearing Silk

There is consensus among the schools that wearing silk and gold is haram for men both during and outside salat, while it is permissible for women. This is in accordance with this statement of the Prophet (S):

حرّم لباس الحرير والذهب على ذكور أُمتي، وأحلّ لإناثهم

“Wearing silk and gold is unlawful for the men of my ummah, while it is lawful for its women”.

Accordingly, the Imamis observe: A man’s salat is not valid if he wears pure silk and any clothing embroidered with gold during it, regardless of whether it is a waistband, cap, socks, or even a gold ring. They allow wearing silk during salat in times of illness and during war.

The Shafi’is state: If a man performs salat while wearing silk or over something made of it, it will be considered a haram act, though his salat will be valid (al-Nawawi, Sharh al-Muhadhdhab, iii, 179). I have not found an express statement in the books of the remaining schools concerning the validity or invalidity of salat performed in silk, though the Hanafis as well as the Hanbalis (in accordance with one of two narrations) concur with the Shafi’is regarding the general rule that if there is any command prohibiting something which is not directly connected with salat such as the command prohibiting usurpation - the salat will be valid if it is not observed and the person will be considered as having performed a wajib and a haram act together. Accordingly the salat performed in a dress of silk is valid.

The author of Al-fiqh ‘ala al-madhahib al-’arba’ah reports a consensus (for the Sunni schools) that that it is valid for a man constrained to perform salat while wearing silk, and it is not wajib for him to repeat it.

3. Lawfulness of the Clothing

The Imamis consider it necessary that the clothing worn be lawfully owned. Hence if a person performs salat in usurped clothes with the knowledge of their being so, his salat is batil (invalid). This is also the opinion of Ibn Hanbal in one of the two statements narrated from him.

The other schools regard salat in usurped clothes as valid on the grounds that the prohibition does not directly relate to salat so as to invalidate it.

The Imamiyyah are very strict concerning usurpation, and some of them even observe: If a person performs salat in clothes in which a single thread is usurped, or carries with him an usurped knife, dirham, or any other thing, his salat will not be valid. But they also say: If one performs salat in usurped clothes out of ignorance or forgetfulness, his salat is valid.

4. The Skin of Animals Not Used for Food

The Imamis are alone in holding that it is invalid to perform salat while wearing the skin (even if tanned) of an animal whose flesh is not allowed to be eaten, as well as anything consisting its hair, wool, fur or feathers. The same is true of clothes bearing any secretion from its body- eg. sweat and saliva - as long as it is wet.

Hence, even if a single hair of a cat or any such animal happens to be present on the dress of a person performing salat and if he performs it with the knowledge of its presence, his salat is invalid (batil).

They exclude wax, honey, the blood of bugs; lice, fleas and other insects which have no flesh, as well as the hair, sweat and saliva of human beings.

They also consider salat invalid if any part of a dead animal (maytah) happens to be on the clothes, irrespective of whether the animal is one used for food or not, whether its blood flows when cut or not, and its skin is tanned or not.

A Subsidiary Issue

If there is only a single clothing to cover the body and that too is najis to an extent that is not excusable, what should one do if he has no alternative other than either performing salat in the najis clothing or in the state of nature?

The Hanbalis say: He should perform salat in the najis clothing, but it is wajib upon him to repeat it later.

The Malikis and a large number of Imamis observe: He should perform salat in the najis clothing and its repetition is not wajib upon him.

The Hanafis and the Shafi’is state: He should perform salat naked and it is not valid for him to cover himself with the najis clothing.

The Place of Salat

A Usurped Place

The Imamis consider salat performed in a usurped place and usurped clothing as invalid (batil) provided it is done voluntarily and with the knowledge of the usurpation. The other schools observe: The salat performed in a usurped place is valid, though the person performing it will have sinned, since the prohibition does not relate directly to salat; rather, it relates to dispensations (of property). Their position in this regard is the same as in the case of usurped clothing.

What a great distance between this opinion of the four schools the a usurper’s salat is valid in usurped property, and the opinion of the Zaydiyah that because of the prohibition on the use of anything usurped, it is not valid even for the true owner to perform salat in his property as long as it remains usurped.

The Imami view represents a middle position, because they consider as valid the salat of the true owner and anyone whom he permits, and regard as invalid (batil) the salat of the usurper and anyone whom the owner has not granted permission. The Imamis also permit salat in vast stretches of (owned) land which are either impossible or difficult for people to avoid, even if the permission of the owner has not been acquired.

Taharah (purity) of the Place

The four Sunni schools observe: The place should be free from both wet and dry najasah (impurity). The Shafi’is overdo by saying: The taharah of all that which touches and comes into contact with the body or clothes of the musalli is wajib.

Therefore, if he rubs himself against a najis wall or cloth or holds a najis object or a rope laying over najasah, his salat will be invalid (batil). The Hanafis require only the location of the feet and the forehead to be tahir. The Imamis restrict it to the location of the forehead, i.e. the place of sajdah. As to the najasah of other locations, the salat will not be batil unless the najasah is transmitted to the body or clothing of the musalli (the person performing salat).

Salat performed on a Mount

The Hanafis and the Imamis require the place to be stationary; hence it is not valid in their opinion to perform salat while riding an animal or something that swings back and forth, except out of necessity, because one who has no choice will perform salat in accordance with his capacity.

The Shafi’is, Malikis and Hanbalis observe: Salat performed on a mount is valid even during times of peace and despite the ability to perform it on the ground, provided it is performed completely and meets all the requirements.

Salat inside the Ka’bah

The Imamis, Shafi’is and Hanafis state: It is valid to perform salat, faridah or nafilah, inside the Ka’bah.

The Malikis and the Hanbalis say: Only nafilah, not faridah, is valid therein.

A Woman’s Prayer beside a Man

A group of Imami legists observe: If a man and a woman perform salat in a single place so that she is either in front of him or beside him, and there is neither any screen between them nor does the distance between the two exceed 10 cubits, the salat of the one who starts earlier will not be invalid (batil), and if both start simultaneously, the salat of both will be batil.

The Hanafis say: If the woman is in front or beside a man, the salat will be invalid (batil) if performed in a single place with no screen at least a cubit high between them, the woman has sex appeal, her shanks and ankles are adjacent to his, the salat is not a funeral prayer, and the salat is being jointly performed, i.e. either she is following him or both are following a single imam.

The Shafi’is, the Hanbalis and most Imamis are of the view that the salat is valid, though the manner of performance is makruh.

The Locale of Sajdah

The schools concur that the place where the forehead is placed during prostration should be stationary and should not be inordinately higher than the location of the knees (during sajdah). They differ regarding that on which sajdah is valid.

The Imamis state: It is valid to perform sajdah only on earth and those things which grow on it and are not used for food or clothing. Therefore, a person cannot perform sajdah on wool, cotton, minerals and that which grows on the surface of water, for water is not earth.

They permit sajdah on paper because it is made of a material which grows on earth. They argue their position by pointing out that sajdah is an ‘ibadah prescribed by the Shari’ah that depends for its particulars on textual evidence (nass). The legists of all the schools concur regarding the validity of sajdah on earth and that which grows on it, thus Imamis restrict it to that because there is certainty. They offer as further evidence these traditions of the Prophet (S):

لا تتم صلاة أحدكم حتى يتوضأ كما أمر الله، ثُمّ يسجد ممكناً جبهته مِن الأرض

The salat of any of you will not be valid unless he performs wudu’ as instructed by God and then performs sajdah by placing his forehead on the earth.

خلقت الأرض مسجداً وطهوراً

The earth has been created a masjid (a place for performing sajdah) and a purifier.

Khabbab says: "We complained to the Prophet (S) regarding the excessive heat of sun-baked ground on our foreheads, but he did not accept our complaint."

Had it been valid to perform sajdah on carpets, why would they have complained?

Imamis permit sajdah on cotton and linen in the case of idtirar (emergency).

The four schools observe: It is valid to perform sajdah on anything, including even a part of one’s turban, provided it is tahir. Rather, the Hanafis permit sajdah on one’s palm even without an emergency, though it is considered as makruh.

Adhan (Call for Prayer)

Adhan literally means ‘announcement’, and in the Shari’ah it means the announcement made in specific words at the time of salat. It was introduced in the first year of the Hijrah at Madinah. The cause of its introduction, in the opinion of the Imamis, was that Gabriel came down with the adhan in a message from God to the Prophet (S). The Sunnis say that ‘Abd Allah ibn Zayd saw a dream in which he was taught the adhan by someone. When he related his dream to the Prophet (S), he approved it.

Adhan is a Sunnah

The Hanafis, Shafi’is and Imamis say: Adhan is a sunnah which has been emphatically recommended (mu’akkadah).

The Hanbalis observe: It is a kifa’i fard for non-traveling men in villages and towns to make the adhan for the five daily prayers.

The Malikis state: It is a wajib kifa’i in towns where the Friday prayer is held, and if the people of such a place abandon adhan they will be fought on that account.

Adhan is Invalid in Certain Cases

The Hanbalis observe: It is not valid to make adhan for a funeral prayer (salat al-janazah) or for a supererogatory prayer (al-salat al-nafilah) or for one performed to fulfil a vow (al-salat al-mandhurah).

The Malikis say: It is not valid for a supererogatory or funeral prayer or for an obligatory daily prayer performed after the lapsing of its time (al-salat al-fa’itah).

The Hanafis state: It is not valid for the prayers performed on the two ‘ids (‘idayn), for the prayer performed on the occurrence of an eclipse (salat al-kusuf), for prayers made for rain (istisqa’), and for tarawih and sunnah prayers.

The Shafi’is do not consider it valid for janazah, mandhurah and nawafil prayers.

The Imamis observe: The Shari’ah has introduced adhan only for the five daily salats, and it is mustahabb for them, whether performed as ada’ or qada’, with a group (jama’ah) or singly (furada), during journey or stay, both for men and women. It is not valid for any other salat, mustahabb or wajib, and the mu’adhdhin will call out "al-salat” three times on occasions of salat al-kusuf and ‘Idayn.

The Conditions for Adhan

The schools concur that the conditions for the validity of adhan are: maintaining continuity of its recital and the sequence of its different parts, and that the mu’adhdhin be a sane Muslim man.1 Adhan by a child of discerning age is valid. All the schools concur that Taharah is not required for adhan.

The schools differ regarding other aspects. The Hanafis and the Shafi’is say: Adhan is valid even without niyyah. The other schools require niyyah.

The Hanbalis consider making adhan in any language other than Arabic as being unconditionally valid. The Malikis, Hanafis and Shafi’is state: It is not valid for an Arab to make adhan in any other language, though it is valid for a non-Arab to make it in his own tongue, for himself and his co-linguals.

The Imamis observe: Adhan is not valid before the arrival of the time of salat except in the case of salat al-fajr. The Shafi’is, Malikis, Hanbalis and many Imamis permit the making of the adhan of announcement before the dawn. The Hanafis do not permit it, making no difference between salat al-fajr and other salats. This opinion is closer to caution.

The Form of Adhan

The following is the form of adhan:

Allahu akbar -- four times according to all the schools and twice according to the Malikis.

Ashhadu an la ilaha illallah -- twice according to all the schools.

Ashhadu anna Muhammadan rasul Allah - twice according to all the schools.

(It is Mustahabb (recommended) to also say at this point:Ashhadu anna Aliyyan wali Allah - twice according Imamis only.It means I bear witness that ‘Ali is protected by Allah (from any evil))

Hayya ‘ala al-salat -- twice according to all the schools.

Hayya’ala al- falah -- twice according to all the schools.

Hayyah ‘ala khayril-’amal -- twice according to the Imamis only.

Allahu akbar-- twice according to all the schools.

La ilaha illallah -- once according to the four schools and twice according to the Imamis.

The Malikis and Shafi’is permit repetition of the last line, considering it sunnah; that is the adhan, according to them, is not invalid if it is recited only once, as the Imamis hold.

The author of al-Fiqh ‘ala al-madhahib al-’arba’ah mentions a consensus among the four Sunni schools regarding ‘al-tathwib’ being mustahabb. Al-tathwib means reciting the words "al-salatu khayrun min al-nawm", (‘Salat is better than sleep’) twice after "hayya ‘ala al-falah ".The Imamis prohibit it.2

Iqamah (A call immediately before prayer)

For both men and women it is mustahabb to recite iqamah before every daily obligatory salat, with the salat immediately following it. The rules applicable to adhan, such as continuity, sequence, its being in Arabic, etc., apply to iqamah as well. Its form is as follows:

Allahu akbar - -twice according to all the schools except the Hanafis who require it four times.

Ashhadu an la ilaha illallah -- once according to the Shafi’is, Malikis and Hanbalis and twice according to the Hanafis and Imamis.

Ashhaduanna Muhammadan Rasulullah -- once in the opinion of the Shafi’is, Malikis and Hanbalis, and twice according to the Hanafis and Imamis.

Hayya ‘ala as-salat -- once in the opinion of the Shafi’is, Malikis and Hanbalis, and twice according to the Hanafis and Imamis.

Hayya ‘ala al-falah -- once in the opinion of the Shafi’is, Malikis and Hanbalis, and twice according to the Hanafis and Imamis.

Hayya’ala khayr il-’amal -- twice according to the Imamis only.

Qad qamat is-salat -- twice in the opinion of all schools, except the Malikis who recite it once.

Allahu akbar -- twice in the opinion of all the schools.

La ilaha illallah -- once in the opinion of all the schools.

A group of Imami legists observe: It is valid for a ‘traveler’ and a person in a hurry to recite each sentence of the Adhan and Iqamah only once.

Notes

1. The Imamis observe: It is mustahabb for a woman to say adhan for her salat, though not as a call to prayer. Similarly it is mustahabb for women while holding their own jama’ah that one of them make the adhan call and the iqamah in a manner that men do not hear it. The four Sunni schools consider iqamah as mustahabb and adhan as makruh for women.

2. Ibn Rushd in Bidayat al-Mujtahid (1935 ed.) vol.1, p.103, says: “Others have said: The phrase ‘al-salatu khayrun min al-nawm’ should not be recited because it is not a masnun part of the adhan, and this is the opinion of al-Shafi’i. The cause for the disagreement is whether it was said (as part of the adhan) during the time of the Prophet (S) or during that of ‘Umar.” It is stated in Ibn Qudama’s al-Mughni, (3rd ed.) vol.1, p.408: “Ishaq has said that this thing has been innovated by the people and Abu ‘Isa has said: ‘This tathwib is something that the learned (ahl al-‘ilm) have regarded with distaste. It is that on hearing which Ibn ‘Umar left the mosque.’”