[Q 439] Ruling on Jumu‘ah and Eid Prayers in Non-Muslim Countries

QUESTION:

Salam. Please inform recommendation about Jumma & Eid prayers in non-Muslim countries like UK etc? Do Hanafis say we don’t have to pray Jumma in non-Muslim country?

ANSWER:

Jumu’ah (Friday prayer) is among the most important faraiz (obligatory duties) of Deen. Just like other faraiz (obligations), its validity and performance also depend on specific conditions. If these conditions are met, Jumu’ah will be valid, otherwise not, and in some situations, it may even be sinful. One of these conditions is that the place where Jumu’ah is being performed must be an Islami sheher (Islamic city). If the place is not even a city, or is a city but not Islamic, then according to the original madhhab (school of thought), performing Jumu’ah there is not valid. Practically, in locations where the conditions for Jumu’ah are not fulfilled, it becomes fard (obligatory) to perform Zuhr prayer instead. A person who performs Jumu’ah in place of Zuhr despite its obligation is considered a tark-e-fard (abandoner of a obligatory act), and intentionally omitting a fard even once is a gunah-e-kabira (major sin).

However, in the present era, considering the permanent residence of Muslims in dar al-harb (non-Muslim lands), their large populations, widespread performance of Jumu’ah, and the likely harms arising from abandoning it, trusted and qualified scholars have permitted performing Jumu’ah and Eid prayers in such lands based on valid shar‘i principles—specifically umoom-e-balwa and izalat-e-fasad-e-maznoon, by adopting the view of Imam Malik رحمة الله عليه. According to Imam Malik رحمة الله عليه, in Dar Ul Harb if other conditions are met, it is not necessary for the city to be Islamic for Jumu’ah and Eid prayers to be valid.

For the validity of Jumu’ah prayer, it must be held in a city. As mentioned in Musannaf Ibn Abi Shaybah, Musannaf ‘Abd al-Razzaq, Al-Sunan al-Kubra lil-Bayhaqi, Sharh Mushkil al-Athar, etc., the narration states (wording from the first source):

“لا جمعة ولا تشريق ولا صلاة فطر ولا أضحى إلا في مصر جامع أو مدينة عظيمة”

Translation:
“There is no Jumu’ah, no Tashreeq, no Eid al-Fitr, and no Eid al-Adha except in a central city or a large city.”

(Musannaf Ibn Abi Shaybah, Vol. 1, p. 439, Riyadh Edition)

In Hashiya Sharnablali and Durr al-Mukhtar, it is stated:

“شروط الصحة ستة : المصر والجماعة والخطبة والسلطان والوقت والاذن العام”

Translation: There are six conditions for the validity of Jumu‘ah: city, congregation, sermon, Muslim leader, time and general permission.

(Hashiya Sharnablali with Durar al-Hukkām, Vol. 1, p. 136, Dar Ihya al-Kutub)

A‘la Hazrat رحمة الله عليه states:
“The obligation, validity, and permissibility of Jumu‘ah all require the place to be an Islamic city. If the location is not a settlement, like a forest, sea, or mountain; or it is a settlement but not a city, like villages; or it is a city but not Islamic, such as regions in Russia and France, then there Jumu‘ah is not obligatory, not valid, not permissible—in fact, it is forbidden, invalid, and sinful. The obligation of Zuhr will not be discharged by performing Jumu‘ah there… For a city to be Islamic, either it must currently be under an Islamic government (independent, like the Ottoman Empire or the Islamic State of Afghanistan, may Allah preserve them both), or it must be a non-Muslim governed area where: (1) it previously had an Islamic government, and (2) ever since falling into non-Muslim control, Islamic symbols such as Jumu‘ah, congregation, adhan, iqamah, etc., must have continued without interruption. Places that never had Islamic rule and do not have it now cannot be considered Islamic cities—even if the non-Muslim rulers do not stop Islamic practices, even if there are many mosques and public adhan and iqamah, and even if people out of ignorance perform Jumu‘ah and Eid there, like in Russia, France, Germany, Portugal, and most European countries. Likewise, if a city was once Islamic but then overtaken by non-Muslims who eradicated all Islamic symbols, it no longer remains Islamic. Until it comes back under Islamic governance, Jumu‘ah and Eid prayers are not permissible—even if the non-Muslims later permit Islamic practices or other non-Muslim powers enforce them—because a non-Islamic city does not become Islamic merely through Islamic practices being carried out.”

(Fatawa Ridawiyyah, Vol. 8, pp. 377–379, Raza Foundation, Lahore Edition)

From the above detailed discussion, it becomes clear that according to the original position of the madhhab, performing Jumu‘ah and Eid prayers in Dār al-Ḥarb (non-Islamic lands) is not valid. However, in modern times, a different situation is observed regarding the performance of these prayers in Dār al-Ḥarb, where the principle of ‘Umūm al-Balwā (widespread hardship) is applicable.

‘Umūm al-Balwā refers to a situation in which both laypeople and scholars are involved in something technically impermissible, and avoiding it causes significant hardship or harm to one’s religion, life, intellect, lineage, or wealth.

In non-Islamic countries, which are considered Dār al-Ḥarb, millions of Muslims live and, without restriction, perform Jumu‘ah and Eid prayers just like the other daily prayers. Both laypeople and scholars participate in these congregations. It is rare to find anyone who, adhering to the original view, only performs Ẓuhr instead of Jumu‘ah. Even the scholars, mashā’ikh, preachers, and missionaries residing in or visiting these countries also join and even lead Jumu‘ah and Eid prayers without hesitation.

If, even in this current context, Jumu‘ah and Eid prayers in these countries are declared invalid and impermissible, it would imply that millions of Muslims, laypeople and scholars alike, who perform Jumu‘ah instead of Ẓuhr, are guilty of abandoning an obligatory prayer. Knowingly missing even a single obligatory act is a major sin. In these countries, the neglect of Ẓuhr is known, witnessed, and widespread.

According to Sharī‘ah, someone who openly commits a major sin is a fāsiq mu‘lin (open sinner), and the Imāmat (leadership in prayer) and testimony of a fāsiq mu‘lin are invalid.

Conclusion:
In modern times, even in Dār al-Ḥarb (non-Islamic countries), it is permissible to perform Jumu‘ah and Eid prayers, provided the other conditions are met. However, those with greater religious concern i.e. Scholars should still perform a precautionary Ẓuhr prayer on Fridays—four rak‘āt with the intention of the last valid Ẓuhr prayer that may still be due. It is preferable to perform this precautionary Ẓuhr after the four Sunnah rak‘āt following Jumu‘ah.

Answered by: Usman Madani (Ask Mufti scholar)
Translated Answer