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 Essentials (Arkan) of Salat

The validity of the salat is dependent upon taharah (purity) - both from hadath and khabath, the time of performing it, facing the qiblah, and wearing sufficient clothing. The fulfilment of these conditions (called shurut) before starting the salat is necessary, and they have been discussed in detail in the preceding sections. Salat also comprises certain essentials (arkan wa fara’id) which are performed as parts of salat.

They are many, and among them are the following:

1. Intention (Niyyah)

The schools -- or rather the legists of each school among themselves -- differ regarding the content of the niyyah (intention) required for salat, that is, whether it is necessary to specify the salat (such as its being zuhr or ‘asr prayer), whether it is obligatory or supererogatory, complete (tamam) or shortened (qasr), in time (ada’) or late (qada’), and so on.

The essence of the niyyah, as mentioned in the chapter on wudu’ (ablution) is the intention to perform an act with the motive of obedience to a command of God Almighty. Specification of a particular salat, whether it is obligatory or supererogatory, ada’ or qada’, is dependent upon the intention of the musalli. Thus if he intends to perform a supererogatory salat at the beginning and performs it with this intention, it will be supererogatory; if he intends to perform an obligatory salat, such as zuhr or ‘asr prayers, it will be so.

But if he does not intend anything it will be a waste of labour, though it is impossible for one not to intend anything. Because any act performed by a sane person cannot be without an intention regardless of whether he expresses it in specific words or not, and irrespective of whether he is attentive to his intention or not. Therefore, all the schools concur that expressing the niyyah in words is not necessary. Similarly, it is also ordinarily impossible for one who knows the difference involved to intend zuhr while performing ‘asr and an obligatory salat while performing a supererogatory one.

However discussions regarding niyyah and its various forms were not in vogue among the pioneering scholars of the shari’ah. It would be good to quote here the observations of two great scholars, Ibn al-Qayyim from among the Sunni legists, and Sayyid Muhammad, the author of al-Madarik, from the Imamiyyah.

The former observes in his Zad al-Ma’ad as quoted in the first volume of Ibn Qudamah’s al-Mughni: "The Prophet (S) used to say ‘Allahu Akbar’ when he stood for prayer and did not say anything before it. He did not expresss the niyyah in words, such as saying: ‘I perform such and such prayer in four rak’ahs facing the qibla as an imam or ma’mum (one who follows the imam). Neither did he mention whether it was ada’ or qada’ nor its time.These ten are later elaborations and no one has ever narrated them from him (S) in either sahih or da’if form. And neither the tabi’un nor the four imams have opted for them."

The latter, in Madarik al-Ahkam (mabhath al-niyyah awwal al-salat) observes: "That which is inferable from the sources of the shari’ah is that niyyah is a simple matter and all that it involves is the intention to perform an act in obedience to God, the Exalted. This is something which no sane person can do without while turning to perform an act of worship (‘ibadah)."

Here some scholars have observed: If God were to enjoin the performance of salat or any other ‘ibadah without a niyyah, it would have amounted to something impossible. Al-Shahid has mentioned in al-Dhikra that our earlier scholars did not mention niyyah in their books on fiqh. They would state: ‘The first wajib in wudu’ is washing the face, the first wajib in salat is takbirat al-ihram’. The reason for this is that that which is essential in regard to niyyah is something inescapable, and anything in addition to it is not wajib. That which confirms this is that niyyah has not been mentioned in the context of any of the ‘ibadat – and particularly not in their case – and the traditions describing the wudu, ghusl and tayammum of the Prophet (S) do not make any mention of it.

2. Takbirat al-Ihram

Salat does not materialize without ‘takbirat al-ihram.’ Its name derives from the statement of the Prophet (S):

مفتاح الصلاة الطهور و تحريمها التكبيرة و تحليلها التسليم

Taharah (purity) is the key to salat; its consecration (tahrim) is the takbirah; and its termination (tahlil) is taslim.

It means that with takbirat al-ihram it becomes haram to speak and perform any act incompatible with salat, and by reciting taslim those acts which were prohibited after reciting the takbir become permissible again.

Its formula is ‘Allahu akbar’, and according to the Imamis, Malikis and Hanbalis no other form is permissible. The Shafi’is observe: Both "Allahu akbar", and "Allahu al-’akbar” (with the addition of alif and lam to "akbar") are permissible. The Hanafis state: Any other synonymous words such as ‘Allahu al-’a’zam’ and ‘Allahu al-’ajall’ will do.

All the schools, excepting the Hanafi, concur that it is wajib to recite it in Arabic, even if the musalli is a non-Arab. If he cannot, it is obligatory for him to learn it; and if he cannot learn, he may translate it into his own tongue. The Hanafis observe: It is valid to recite it in any language even if one can recite it in Arabic.

There is consensus among the schools that at the time of reciting takbirat al-ihram all the conditions necessary for salat (such as taharah, facing the qiblah, covering the body etc.) should be present, and that it should be recited - when one has the ability to do so - while standing stationarily, and in a voice that he can hear. The word ‘Allah’ should precede ‘akbar’, and the reverse, ‘akbar Allah’, will not suffice for entry into qiyam.

3. Qiyam (standing)

The schools concur that qiyam is wajib in the obligatory salats from the beginning of takbirat al-ihram until going to ruku’, and that standing uprightly, stationarily and independently are its requisites.

Hence it is not valid to recline on any support when one is able to stand without it. If one cannot stand, he may perform salat sitting, and if this too is not possible, while laying down on the right side facing the qiblah (in the same position that a dead body is placed in the grave).

This is the opinion of all the schools except the Hanafis, who state: A person who cannot sit will perform salat laying down on his back with his feet pointing towards the qiblah, so that his gestures in lieu of ruku’ and sajdah are made towards the qiblah.

If it is not possible to perform salat while laying on the right side, the Imamis, Shafi’is and Hanbalis permit him to perform salat laying on his back by making gestures with his head. If gesturing with the head is not possible, he will gesture with the eyelids.

The Hanafis say: If his state is as bad as that, the duty of salat will no longer apply to him, though he will have to perform it qada’ when his condition improves and the hindrance is removed.

According to the Malikis, a sick person such as this is not required to perform salat and it is also not wajib for him to perform its qada’.

The Imamis, Shafi’is and Hanbalis state: The duty of salat does not disappear in any situation; if he is unable to gesture by blinking his eyes he will pass the salat through his mind and move his tongue for reciting the qira’ah and dhikr. If he is unable to move the tongue he will imagine it in his mind as long as his mind works. To sum up, salat is wajib upon those who are fully capable and those who are not so capable. It may not be neglected in any situation, and every person must perform it in accordance with his ability.

Hence it is performed while standing, then sitting, then laying down on one’s side, then laying down on one’s back, then gesturing by blinking the eyes, and passing it through the mind, in that order. A fully capable person as well as one not capable will move from the previous state to the new situation which has come into existence. Hence if a fully capable person loses his ability during salat or one not capable regains it, either of them will perform the remaining part in accordance with his ability.

Therefore, if he performs one rak’ah (unit) standing and is then unable to stand, he will complete it sitting, and if he performs the first rak’ah sitting and then regains the strength to stand, he will complete the remaining salat standing.

4. Qira’ah (reciting)

The schools differ whether the recitation of Surat al-Fatihah is wajib in every rak’ah (unit), or in the first two rak’ahs, or in all the rak’ahs without there being any other alternative. They give different answers to the following questions: Is the bismillah an essential part of al-Fatihah or is it valid to omit it? Is it wajib or mustahabb to recite aloud or in a low voice? Is it wajib to recite another surah after al-Fatihah in the first two rak’ahs? Can the tasbih1 replace the surah? Is takattuf (the folding of arms during salat) a sunnah or is it haram? And so on.

The Hanafis observe: It is not compulsory to recite only Surat al-Fatihah in the daily obligatory salats, and anything recited from the Qur’an may take its place, because God the Exalted, says:

فاقرَأوا ما تيَسَّرَ من القُرآن

‘Therefore recite of the Qur’an so much as is feasible’ (73:20) (Bidayat al-mujtahid, vol.1, p.122 and al-Shi’rani’s Mizan, "bab sifat al-salat").

The recital from the Qur’an is wajib in the first two rak’ahs; but in the third rak’ah of the maghrib prayer and the last two rak’ahs of ‘asr and ‘isha’ prayer there is an option between reciting from the Qur’an or saying the tasbih or keeping quiet (al-Nawawi, Sharh al-Muhadhdhab, vol.3, p.361).

Moreover, the Hanafis say: It is valid to skip the basmalah because it is not a part of any surah. Neither reciting aloud nor in a low voice are mustahabb, and a musalli praying alone is free to recite in a voice that he alone can hear or in a voice hearable to others. There is no qunut in salat with the exception of salatal-watr. As to takattuf, it is masnun (a sunnah) but it is not wajib, and its preferable form is for a man to place the palm of his right hand on the back of his left hand below the navel, and for a woman to place her hands on her chest.

The Shafi’is state: Surat al-Fatihah is wajib in every rak’ah, without there being any difference in this regard between the first two rak’ahs and the other rak’ahs and between wajib and mustahabb salats.

The basmalah is a part of the surah and cannot be omitted in any circumstance. The recitation should be aloud in the morning prayer and the first two rak’ahs of maghrib and ‘isha’ prayers; the remaining recitals are to be in a low voice. The qunut is mustahabb only in the morning prayer, and is to be performed after rising from the ruku’ of the second rak’ah. Similarly, it is mustahabb to recite another surah after al-Fatihah only in the first two rak’ahs. Takattuf is not wajib but a sunnah for both the sexes, and its preferable form is to place the right hand palm on the back of the left hand between the chest and the navel and towards the left side.

According to the Malikis, reciting Surat al-Fatihah is necessary in every rak’ah, without there being any difference in this regard between the earlier and later rak’ahs and between fard and mustahabb salats, as observed earlier by the Shafi’is. It is mustahabb to recite another surah after al-Fatihah in the first two rak’ahs.

The basmalah is not a part of the surah and it is mustahabb to omit it altogether. Reciting aloud is mustahabb in the morning prayer and the first two rak’ahs of maghrib and ‘isha’ prayers. Qunut is to be recited only in the morning prayer.

Takattuf is valid in their opinion, though it is mustahabb to keep the hands hanging freely in the fard prayers.

The Hanbalis consider al-Fatihah to be wajib in every rak’ah, and to recite a surah after it in the first two rak’ahs as mustahabb. The morning prayer and the first two rak’ahs of maghrib and ‘isha’ prayers are to be recited aloud. The basmalah is a part of surahs though it will be recited in a low voice and not aloud. Qunut is to be recited in Salat al-watr and not in any other salat. Takattuf is a sunnah for both men and women and its preferable form is to place the right hand palm on the back of the left hand below the navel.

It is evident that takattuf, which the Sunni legists call ‘qabd’ and the Shi’a legists call ‘takfir’ - i.e. to conceal - is not wajib in the opinion of any of the four Sunni schools.

The Imamis state: Reciting Surat al-Fatihah is necessary in the first two rak’ahs of every salat and no other surah can replace it. But it is not wajib in the third rak’ah of maghrib and the last two rak’ahs of four-rak’ah prayers; rather, one has an option between it and tasbih. Tasbih means the recitation of:

سبحان الله و الحمد لله و لا الهَ الا الله و الله اكبر

thrice, though even once is sufficient. It is wajib to recite another complete surah in the first two rak’ahs, and the basmalah is a part of the surahs which cannot be omitted in any circumstance.

It is wajib to recite aloud only the surahs and not the other recitations in the morning prayer and the first two rak’ahs of maghrib and ‘isha’ prayers. The qira’ah in zuhr and ‘asr prayers is to be done, except for the basmalah, in a low voice in their first two rak’ahs and also in the third rak’ah of maghrib and the last two rak’ahs of ‘isha’ prayers.

Qunut is mustahabb in the five daily prayers and its place is the second rak’ah after the recital of the surahs and before ruku’. The minimum level of voice considered ‘loud’ is that a person nearby be able to hear it, and the minimum for ‘low’ voice is that the person himself be able to hear it. The schools concur that reciting aloud is not prescribed for women, nor is reciting in a voice lower than what can be heard by herself. If a musalli voluntarily recites loudly something which is to be recited in a low voice and vice versa, his/her salat will be invalid, if this is not done due to ignorance or forgetfulness.

The Imamis also considers saying "Ammin” (Amen) during salat to be haram and doing so invalidates the salat, irrespective of whether one is praying individually or in group prayer as an imam or ma’mum,because it is something adopted by the people, and nothing adopted by people is capable of being included in the salat.

The four Sunni schools concur that it is mustahabb in accordance with the narration of Abu Hurayrah that the Prophet (S) said:

When the imam says, "ghayr il maghdubi ‘alaymhim wa la-ddallin,’ then say: "Ammin."

The Imamis negate the authenticity of the above tradition.

Most Imamis consider takattuf (putting hands over each other) renders the salat invalid (batil) because there is no explicit text (nass) in support of it. However, some of them say: Takattuf is haram and the one who does it has committed sin, though his salat is not invalid. A third group from among them observe: It is makruh (discouraged) and not haram.

5. Ruku’ (bowing)

There is consensus among the schools that ruku’ is obligatory (wajib) in salat but they differ regarding the extent to which it is wajib and the necessity of staying motionless in that position. The Hanafis observe: What is obligatory is to bend down in any possible manner, and staying motionless is not obligatory. The remaining schools consider it obligatory to kneel down until the palms of the hands of the musalli reach his knees and to stay motionless during bowing.

The Shafi’is, Hanafis and Malikis state: It is not obligatory to recite anything during ruku’, though it is sunnah that the musalli say: "Subhana Rabbi al-’azim”.

The Imamis and the Hanbalis consider tasbih to be obligatory during ruku’ and its formula in the opinion of the Hanbalis is "Subhana Rabi al-’azim", and according to the Imamis "Subhana Rabbi al-‘azim wa bi hamdih” or just "SubhanAllah” thrice. It is encouraged (mustahabb) in the opinion of the Imamis to add after the tasbih, a benediction for Muhammad (S) and his Family (Allahumma salli ‘ala Muhammadin wa Ale Muhammad).

The Hanafis say: It is not obligatory to return to the standing position after ruku’, and it is sufficient, though makruh (discouraged), to perform sajdah (prostration) straightaway. The other schools consider it obligatory to return to the standing position and mustahabb to recite the tasmi’, which is to say: "Sami ‘allahu li man hamidah” (God hears one who praises Him). According to the Imamis, it is obligatory to stay motionless in this standing (qiyam).

6. Sujud (prostration)

There is consensus among the schools that sujud (prostration) is obligatory twice in each rak’ah. They differ regarding its details, as to whether itis obligatory to prostrate with all the seven parts of the body touching the ground while performing it or if it is sufficient to lay on the ground only some of them. These seven parts are: the forehead, the palms, the knees and the big toes.

The Malikis, Shafi’is and Hanafis state: It is obligatory to lay only the forehead on the ground in sujud, and laying down the other parts is encouraged (mustahabb).

The Imamis and the Hanbalis observe: It is obligatory to lay on the ground all the seven parts while performing sujud. It has been narrated from the Hanbalis that they add the nose to these seven, thus making them eight. The difference of opinion regarding reciting tasbih and being motionless during sujud is similar to the difference mentioned concerning ruku’. Those who consider them obligatory there, consider them here as well.

The Hanafis do not consider it obligatory to sit between the sajdahs; the remaining schools consider it obligatory.

7. Tashahhud

Tashahhud is at most recited twice in salat; the first, after the second rak’ah of zuhr, ‘asr, maghrib and ‘isha’ prayers, which is not followed by taslim; the second in the last rak’ah of the two-, three-, and four- rak’ah prayers, which is followed by taslim.

The Imamis and the Hanbalis state: The first tashahhud is wajib. The remaining schools consider it mustahabb and not wajib. The second tashahhud is considered wajib by the Shafi’is, Imamis and Hanbalis, and mustahabb by the Malikis and Hanafis (Bidayat al-mujtahid, vol.1, p.125).

The following are the forms of tashahhud observed by the different schools:

The Hanafis

التحيات لله والصلوات والطيّبات، والسلام عليك أيّها النبي ورحمة الله وبركاته، السلام علينا وعلى عباد الله الصالحين، أشهد أن لا إله إلاّ الله، وأشهد أنّ محمداً عبده ورسوله

"attahiyyatu lillahi wassalawatu wattayyibatu wassalamu ‘alayka ayyuhaannabiyyu warahmatullahi wabarakatuhu,assalamu ‘alayna wa ‘ala`abadillahi assaliheena, ash-hadu anna la ilaha illa Allah, waAsh-haduanna Mohammmedan ‘abduhu warasuluhu."

The Malikis

التحيات لله الزاكيات لله الطيّبات الصلوات لله، السلام عليك أيّها النبي ورحمة الله وبركاته، السلام علينا وعلى عباد الله الصالحين، أشهد أن لا إله إلاّ الله وحده لا شريك له، وأشهد أنّ محمداً عبده ورسوله

"Attahiyyatu lillah, azzakiyyatu lillah, attayyibatu assalawatu lillah.Assalamu alayka ayyuha annabiyyu warahmatu allahi wabarakatuhu,assalamu alayna wa ‘ala ‘abadi Allahi assaliheena, ash-hadu anna la ilaha illa Allah, wa ash-hadu anna muhammadan ‘abduhu warasuluhu.

The Shafi’is

التحيات المباركات الصلوات الطيبات لله، السلام عليك أيّها النبي ورحمة الله وبركاته، السلام علينا وعلى عباد الله الصالحين، أشهد أن لا إله إلاّ الله، وأشهد أنّ سيدنا محمداً رسول الله

"Attahiyyatu almubarakatu assalawatu attayyibatu lillah, assalamu ‘alayka ayyuha annabiyyu warahmatu allahi wabarakatuhu, assalamu alayna wa ‘ala ‘abadi allahi assalaiheena.Ash-hadu anna la ilaha illa Allah, wa ash-hadu anna sayyidana muhammadan rasulu Allah."

The Hanbalis

التحيات لله والصلوات والطيبات، السلام عليك أيّها النبي ورحمة الله وبركاته، السلام علينا وعلى عباد الله الصالحين، أشهد أن لا إله إلاّ الله وحده لا شريك له، وأشهد أنّ محمداً عبده ورسوله، اللّهم صلِّ على محمد

"Attahiyyatu lillahi wa-assalawatu wa-attayyibatu. assalamu ‘alayka ayyuha annabiyyu warahmatu allahi wabarakatuhu, assalamu alayna wa ‘ala ‘abadi allahi assalaiheena. Ash-hadu anna la ilaha illa Allah, wahdahu la shareekalah,wa ash-hadu anna sayyidana muhammadan ‘abduhu wa- rasuluhu. Allahumma salli ala Muhammadin."

The Imamis

أشهد أن لا إله إلاّ الله وحده لا شريك له، وأشهد أنّ محمداً عبده ورسوله، اللّهم صلِّ على محمد وآل محمد

"Ash-hadu anna la ilaha illa Allah, wahdahu la shareeka lah,wa ash- hadu anna muhammadan ‘abduhu wa-rasuluhu. Allahumma salli ala Muhammadin wa ‘‘Ali Muhammad."

8. Tasleem

The Shafi’is, Malikis, and Hanbalis observe: Tasleem is wajib (obligatory). The Hanafis do not consider it wajib (Bidayat al-Mujtahid, vol.1, p.126).

The Imamis differ among themselves, a group considers it wajib, while others, including al-Mufid, al-Shaykh al-Tusi and al-’Allamah al-Hilli, regard it as mustahabb.

Tasleem (farewell) has only one form in the opinion of the four Sunni schools, and it is:

السلام عليكم ورحمة الله

"Assalamu alaikum warahmatu allah".

The Hanbalis say: It is obligatory to recite it twice. The others consider reciting once as sufficient.

The Imamis state: Tasleem consists of two formulas; the first is:

السلام علينا وعلى عباد الله الصالحين

"Assalamu alaina wa ‘ala ‘ibadi allahi assaliheen".

The second:

السلام عليكم ورحمة الله وبركاته

"Assalamu alaikum wa rahmatu allahi wa barakatuh".

One of them is wajib. Hence if a person recites the former, the latter will be mustahabb, and if he recites the latter, he will stop at it. As to:

السلام عليك أيّها النبي ورحمة الله وبركاته

"Assalamu alaika ayyuha annabiyyu wa rahmatu allahi wa barakatuhu", it is not a part of tasleem, and is a mustahabb addition to the tashahhud.

9. Sequence (tartib)

Proper sequence (tartib) is wajib between the different parts of salat. Hence the takbirat al-ihram must precede reciting (qira’ah), the qira’ah must precede ruku’, the ruku’ must come before the sujud, and so on.

10. Continuity

Continuity (muwalat and tatabu’, i.e. to occur one after another) is wajib between the parts of salat and between the different portions of a part. Therefore, the reciting (qira’ah) must begin immediately after the takbirah and ruku’ must similarly follow the qira’ah, and so on. The verses, words and letters must not be recited in a manner breaking continuity.

Notes

1. ‘tasbih’ means: saying "subhanallah wal-hamdu lillah wala ilaha illallahwallahu akbar”which is usually recited three times in the third and theforth rak’ahs (units).Also ‘qunut’ means rasing both hands toward the sky and holding them infront of the chest or face and then reciting a supplication, like askingfor forgiveness. It could be some verses of Qur’an or not. However it should be in Arabic for obligatory prayers.

Error and Doubt During Salat

The schools concur that a wilful violation of any wajib act in prayer invalidates it. However mistake (sahw) can be compensated by performing sujud al-sahw as described below.

The Hanafis state: The form of sujud al-sahw is that the musalli should perform two sajdahs followed by the recitation of tashahhud and taslim, prayer and benediction for the Prophet (S). This sujud should be performed after the taslim, provided there is sufficient time (for the salat).

Hence if, for instance, someone makes an involuntary error in al-fajr prayer and finds that the sun has risen before his performing sujud al-sahw, he is not required to perform it any more. The cause necessitating sujud al-sahw is the musalli’s omitting an obligatory part or repeating an essential part (rukn) --such as ruku’ or sujud. If numerous lapses occur (in a single salat), the two sajdahs will suffice for them all, because their repetition is not valid in their opinion. And if there occurs a lapse in the sujud al-sahw it requires no rectification (Majma’ al-’anhur, vol.1, "bab sujud al-sahw").

The Malikis observe: In its form, sujud al-sahw consists of two sajdahs followed by tashahhud without any supplication and benediction for the Prophet (S). As to the place of this sujud, in the event that it is on account of an omission or due to both an omission and an addition, it will be performed before the taslim; but if the cause is only an addition, then after the taslim.

Moreover, sujud al-sahw atones for an involuntary omission of a mustahabb part of salat; hence if the omitted part is a fard (obligatory) part of salat, it cannot be compensated by sujud al-sahw and must be performed.

However, if the mistake is one of involuntary addition -- such as an extra ruku’ or two, or one or two additional rak’ahs -- it is atonable by sujud al-sahw.

The Hanbalis say: It is valid to perform sujud al-sahw before or after the taslim. It consists of two sajdahs followed by tashahhud and taslim. Its causes are involuntary addition or omission as well as doubt. An example of addition is to perform an additional qiyam (standing) or qu’ud (sitting). One who sits where he is supposed to stand or vice versa will perform sujud al-sahw.

Where there is an omission, the following procedure is to be followed in their opinion. If he remembers the omission before starting the qira’ah of the next rak’ah, it is wajib for him to perform the part omitted as well as sujud al-sahw; and if he comes to remember it only after starting the qira’ah of the next rak’ah, the former rak’ah will be annulled and the latter will take its place and sujud al-sahw will also be performed.

To illustrate the same, if a person forgets ruku’ in the first rak’ah and becomes aware of it after performing the sujud (of the same rak’ah), he will perform the ruku’ and then repeat the sujud, and if he becomes aware of it only after starting the qira’ah of the second rak’ah, the former rak’ah will be considered null and void and the second rak’ah will take its place.

An example of doubt necessitating sujud al-sahw is the case when one doubts whether he has performed the ruku’, or has a doubt regarding the number of rak’ahs performed. Here he will consider that portion of the salat he is sure of having performed as the basis and will perform the remaining, and carry out sujud al-sahw on finishing it. Two sajdahs suffice for several mistakes, even if their causes differ, and a lapse committed by someone prone to making mistakes will not be considered a lapse.

According to the Shafi’is, the place of sujud al-sahw is after the tashahhud and benediction of the Prophet (S) and before the taslim. Its mode of performance is like the one prescribed by the above-mentioned schools. The reasons for its performance are: omission of an emphasized (mu’akkadah) sunnah, a little additional recital, the recital of al-Fatihah by mistake, the following of an imam whose salat is vitiated, a doubt in the number of rak’ahs, and the omission of a specific part.

The Imamis differentiate between the rules applicable to cases of doubt and those applicable to errors. They state: No attention will be paid to a doubt arising concerning any act of salat after its completion, or the doubt of a ma’mum regarding the number of rak’ahs if the imam has ascertained their number and vice versa, with each of them referring to the memory of the other.

No significance is attached to the doubts of a person who doubts excessively, and similarly to a doubt with respect to any act of salat arising after entry into its subsequent act. Hence if a doubt occurs regarding the reciting (qira’ah) of al-Fatihah after starting the qira’ah of the subsequent surah, or regarding the surah after having gone into the ruku’, or with respect to the ruku’ after having entered the sajdah, the salat will be continued without heeding the doubt.

But if the doubt occurs before starting the performance of the subsequent act, it is wajib to rectify it. Hence a person who has doubt regarding the recital of al-Fatihah before starting the subsequent surah, will recite it, and similarly the surah if he has a doubt concerning its recital before entering the ruku’.

As to sujud al-sahw, it should be done for every omission and addition, except for reciting aloud instead of in a low voice and vice versa -- as it does not entail anything -- and except for any omission or addition that does not pertain to the essentials (arkan) of salat because their omission or addition invalidates the salat irrespective of its being wilful or by mistake.

The arkan, in their opinion, are the following five: niyyah (intention), takbirat al-ihram, qiyam, ruku’ and the two sajdahs of a rak’ah. It is not obligatory to perform any part omitted by mistake after the salat except sajdah and tashahhud, which are alone required to be performed among the forgotten parts.

These will be performed after the completion of the salat followed by sujud al-sahw, which consists of making two sajdahs and reciting

بسم الله وبالله، اللّهم صلّ على محمد وآل محمد

in the state of prostration, followed by tashahhud and taslim.

The number of sujud al-sahw required is equal to the number of causes entailing it. They consider the mistake of a person committing excessive mistakes and a mistake committed while rectifying one, as no mistake.

Doubt in the Number of Rak’ahs

The Shafi’is, Malikis and Hanbalis observe: If the musalli has a doubt regarding the number of rak’ahs performed, he will consider the number of rak’ahs he is certain of having performed as the base and will complete the salat by performing the rest.

The Hanafis state: If the musalli’s doubt in salat is for the first time in his life, he will repeat it from the beginning. But if it occurs to him that he has doubted in salat earlier as well, he will think for quite a while and will act in accordance with what seems more probable to him. But if the doubt remains (even after thinking), he will consider the number of rak’ahs he is certain of having performed as the base.

The Imamis state: If the doubt concerning the number of rak’ahs performed occurs in a two-rak’ah salat (such as salat al-subh, the salat of a traveler, salat al-jumu’ah, salat al-’idayn and salat al- kusuf, or in salat al-maghrib or in the first two rak’ahs of ‘isha’, zuhr and ‘asr prayers, the salat will become invalid and it will be wajib to start it again from the beginning. But if the doubt occurs in the rak’ahs subsequent to the first two rak’ahs of the four-rak’ah prayers, he will perform salat al-ihtiyat after completing the salat and before performing any act incompatible with salat.

For example, if a doubt arises after the completion of the two sajdahs of the second rak’ah as to whether it is the second or the third rak’ah, he will take the greater number of rak’ahs as his basis and complete the salat. He will then perform as ihtiyat (caution) a single rak’ah while standing or two rak’ahs while sitting. If the doubt concerns his being in third or fourth rak’ah, he will consider it the fourth rak’ah and complete the salat and follow it up with a single rak’ah standing or two rak’ahs sitting by way of caution.

If the doubt concerns his being in second or fourth rak’ah, he will consider it the fourth rak’ah. He will then offer two rak’ahs standing. If there is a doubt regarding its being second, third or fourth rak’ah, he will assume it to be the fourth rak’ah, and offer following it two rak’ahs standing and two rak’ahs sitting.

According to them, the reason for performing these rak’ahs is to preserve the prescribed form of salat and avoid additions and omissions. Their point is illustrated by the example of a person who has a doubt between its being third or fourth rak’ah. He will consider it to be the fourth rak’ah and perform a single rak’ah separately after completing the salat. If his salat has been complete, the additional rak’ah performed separately will be considered as nafilah, and if the salat had been incomplete, the separate rak’ah will complement it.

However, this manner of performing salat al-ihtiyat (cautionary prayer) is particular to the Imamis. They limit this procedure to the obligatory salats, and among them to zuhr, ‘asr and ‘isha’ prayers only. As to the nafilah prayers, the musalli is free to consider the minimum or maximum rak’ahs probably performed as the basis, provided such supposition does not invalidate the salat (such as where he doubts his being in second or third rak’ah with the knowledge that the nafilah comprises only two rak’ahs; here he will consider the minimum number of rak’ahs probably performed as the basis).

It is better in all mustahabb prayers to consider the minimum ascertainable number of rak’ahs as the basis. If a doubt concerning rak’ahs arises in salat al-ihtiyat, the maximum number of rak’ahs probably performed will be made the basis, except where doing so invalidates the salat, in which case the minimum number of rak’ahs will be the basis. Some Imamis observe: One is free to choose as the basis either the minimum or maximum rak’ahs probably performed.

The Friday Prayer

Its Wujub (necessity)

There is consensus among all the Muslims regarding the Friday prayer (salat al-jumu’ah) being wajib in accordance with the words of God, the Exalted:

يَاأَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِي لِلصَّلاَةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ

O believers, when proclamation is made for prayer on the Day of Congregation (yawm al-jumu’ah) hasten to God’s remembrance and leave trading aside (Qur’an 62:9)

as well as the mutawatir traditions narrated both by Shi’i and Sunni sources.

They differ as to whether its wujub is conditional to the presence of the ruler or his deputy in it or if it is wajib unconditionally.

The Hanafis and the Imamis state: The presence of the ruler or his deputy is necessary; the Friday prayer is not wajib if neither of them is present. The Imamis require the ruler to be just (‘adil); otherwise his presence is equal to his absence. To the Hanafis, his presence is sufficient even if he is not just.

The Shafi’is, Malikis and Hanbalis attach no significance to the presence of the ruler, and a large number of Imamis observe: In the absence of a ruler or his representative and the presence of a just faqih, there exists an option between performing either the Friday or the zuhr prayer, although preference lies with the performance of Friday prayer.1

Conditions

The schools concur that the requirements for other salats (such as taharah, covering the body, and facing the qiblah) also apply to Friday prayers, that its time is from when the sun crosses the meridian up to when the shadow of an object equals its height, and that it can be performed in a mosque as well as any other place, except in the opinion of the Malikis who don’t consider it valid except in a mosque.

There is also consensus that it is wajib for men and not for women, and that one who performs is not required to perform the zuhr prayer, and that it is not wajib for the blind, and that it is not valid except when performed in jama’ah (congregation).

They differ regarding the minimum number of persons required to form a jama’ah; the Malikis state: Its minimum is 12, excluding the imam. The Imamis consider it to be 4, excluding the imam. In the opinion of the Shafi’is and Hanbalis, it is 40, including the imam; according to the Hanafis it is 5, though some of them say it is 7.

The schools, except the Hanafi, concur in its being prohibited for someone upon whom the Friday prayer has become wajib and its conditions fulfilled, to travel after the sun has crossed the meridian before performing it. The Hanafis allow it.

The Friday Sermons

There is consensus that the two sermons are required for convening the Friday prayer and that they are to be delivered before the salat, though after the setting in of its time and not earlier. They differ regarding the wujub of standing while delivering them. The Imamis, Shafi’is and Malikis require it, but not the Hanafis and Hanbalis.

As to their content, the Hanafis say: The sermon will be considered delivered even by a minimal dhikr, such as uttering "al-hamdulillah” or "astaghfirullah", though such brevity is makruh.

The Shafi’is observe: It is necessary in both the sermons to praise God, invoke blessings on the Prophet (S), to exhort to piety, to recite a verse in at least one of the sermons, though reciting it in the first is better, and to supplicate for the faithful in the second sermon.

According to the Malikis anything considered by custom as a sermon suffices, provided it includes exhortation and announcement of good news.

The Hanbalis consider it essential to praise God, invoke blessings on the Prophet (S), recite a verse and counsel piety.

The Imamis state: It is wajib in each of the sermons to praise and extol God, invoke blessings on the Prophet (S) and his Family (A), preach, and recite something from the Qur’an, and in the second sermon, to implore God’s forgiveness and to pray for the faithful.

The Shafi’is and Imamis observe: It is wajib for the preacher to separate the two sermons by sitting down for a short while between them.

The Malikis and Hanafis consider it mustahabb.

According to the Hanbalis, the sermon should be delivered in Arabic, if possible.

The Shafi’is consider Arabic necessary if the people are Arabs, and if they are non-Arabs, the preacher should preach in their language even if he is well-versed in Arabic.

The Malikis say: It is wajib to preach in Arabic even if the people are non-Arabs and do not understand a word of Arabic. If there is no one among them who knows Arabic, there is no obligation to perform the Friday prayer.

The Hanafis and the Imamis do not consider Arabic a condition for delivering the sermons.

Its Mode of Performance

The Friday prayer comprises two units (rak’ahs), just like the morning prayers. The Imamis and the Shafi’is observe: After Surat al-Hamd of each rak’ah, it is mustahabb to recite Surat al-Jumu’ah in the first rak’ah and Surat al-Munafiqun in the second.

The Malikis state: Surat al-Jumu’ah will be recited in the first rak’ah and Surat al-Ghashiyah in the second. According to the Hanafis, it is makruh to confine to a particular surah.

Notes

1. Al-Shahid al-Thani in al-Lum’ah, vol.1, “bab al-salat”, fasl 6, observes: The wujub of salat al-jumu’ah duing the occultation of the Imam is obvious in the opinion of most ‘ulama’... and if there has been no claim of ijma’ regarding its not being wajib, the opinion that it is wajib ‘ayni would have been extremely strong. Therefore, the least that can be said is that there is an option between it (salat al-jumu’ah) and the zuhr prayer, with the Jumu’ah (prayer) enjoying preference”.