Fatwa session

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*أعوذ بالله من الشــيطـان الـرجـيم بسم الله الـرحمن الـرحيم*

_Yaomuth Thula'tha', 17th of Shawwal,1441AH/ Tuesday 9th of June, 2020_

*Question 1* : _Can we recite surah or verse(s) of the Quran after Fa'tiah in the third and fourth rakahs of the prayer_ ❓

Recitation of Surah or verse(s) after Suratul Fatihah is a supererogatory act that earns the observant more reward in the prayer, but attracts no penalty or sin if neglected. However, the act of reciting after Fatihah is recommended in every rakah of the prayer and not restricted to the first two rakahs of the prayer alone. It was reported from the Prophet SAW:

*عن أبى سعيد : " أن النبي (ص) كان يقرأ فى صلاة الظهر فى الركعتين الأوليين فى كل ركعة قدر ثلاثين آية، وفى الأخريين قدر خمس عشرة آية..." ( مسلم: ٤٥٢)*

_On the authority of Abu Saheed: " Verily, the Prophet SAW used to recite in the first two rakahs of Zuhr and Asr what is equivalent to thirty verses, *and in the last two rakahs fifteen verses.* .." ( Saheehu Muslim)_

The scholars of Usulul Fiqh assert that:

*ما جرى على شيئ جرى على نظيره*

_What applies to a thing is applicable to its resemblance as well_

That is why gross numbers of the jurists use the Hadeeth to generalise the permissibility of reciting Surah or verse after Fatihah in the last two rakahs as contained in the Hadeeth for other prayers, regardless of whether the observant of prayer is leading or following Imam.

*Question 2:* _Can we observe congregational prayer with 1 metre distance away from every of the observants in the line for the fear of infection_ ❓

Observing the five daily prayers, Jumuah, and the two eid prayers in congregation is obligatory except in some very rear cases in accordance with the Islamic Injunctions. However, the congregational prayer has two intrinsic parts:

1. _Following Imam_ : This entails that the observant of the congregational prayer must not act before or simultaneous with the Imam. Deliberate deviation from this invalidates the prayer. The Prophet SAW says:

*إنما جعل الإمام ليؤتم به فلا تختلفوا عليه*

_Al-Imam was assigned for the purpose to be followed only، therefore, do not disagree with him_

2. _Forming closed row_ : Authenticity of the congregational prayer is not yet accomplished until the congregants are aligned in firm column(s). The Prophet SAW says:

" *سووا صفوفكم فإن تسوية الصفوف من إقامة الصلاة" ، و فى لفظ لمسلم: " .... من تمام الصلاة" ( متفق عليه)*

" _Fix up your rows, verily, fixing up of rows is part of what authenticate the congregational prayer." In another narration in Saheehu Muslim, " Fixing up of rows is part of what complete the prayer"_

The Hadeeth emphasises on the obligatory of aligning in a row while in congregational prayer without leaving any gap. However, the pandemic can never be an exception to the Hadeeth, and breaking up of the observants in the row is not cogent enough as necessity during the disease outbreak. Why? The congregational prayer is not obligated with massive gathering; it starts from two people at least. Thus, the situation cannot be worst to the extent of not having two or three people among the relatives and friends whom to hold congregational prayer with. In the light of this, holding the prayer with one's intimate households and companions that are not suspected of the disease is the legalised alternative, not the breaking up. Also, if congregational prayer is not feasible for a Muslim who has been accustomed to it due to a genuine excuse as related to his life, peace or health, then such Muslim is allowed in Islam to observe his prayer alone and will be rewarded as if he prays in congregation. The Prophet SAW says:

*من مرض و سافر كتب له ما كان يعمل صحيحا مقيما*

_If a Muslim sicks and travels ( and he is unable to attempt the deeds as used to because of his new conditions) it will be recorded for him what he has gotten used to when he was healthy or at home._

A forbidden act can never be permissive in no any way in Shari'ah or chosen as _Dharu'rah_ i.e _necessity_ in the presence of other possible legal options.

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