Restarting the Jumu'ah salaah in a Village

Q: Salaah-682: We have approximately 60 to 70 homes in our village of ltalwa. There are two localities and two Masjids, one small and the other large. The Jumu'ah salaah used to be performed in the large Masjid and Zuhr in the smaller one. While many people performed the Zuhr salaah, others went to Baleshwar, Wesma and Surat for the Jumu'ah salaah. There were, however, those who performed the Jumu'ah salaah in the village.

Upon enquiry from Dhabel, a Fatwa was issued, informing us that the Jumu'ah salaah is invalid in a small village and that the Zuhr salaah needed to be performed. While many people have therefore decided that it is no use performing the Jumu'ah salaah, others say that the Jumu'ah salaah has been performed there since the days of their predecessors. However, most people have opted to abide by the Fatwa and an announcement was made that henceforth only the Zuhr salaah will be performed. The Zuhr salaah has therefore been performed without controversy for the past few months.

However, once Eid arrived, those who had been wishing for the Jumu'ah salaah seized the opportunity to announce that the Eid salaah will be performed. During the previous months, they had been performing the Jumu'ah salaah elsewhere. They now plan to use the next opportunity to have the Jumu'ah salaah also performed. We now wish to pose the following questions:

1. If the Jumu'ah salaah is not permissible, can the Eid salaah be performed?

2. If the Jumu'ah salaah has been stopped because it is not proper in terms of the Shari'ah, how will it be to start it again?

3. Will those starting the Jumu'ah salaah again not be guilty of a sin?

4. Now that the people of the town are unable to perform the Jumu'ah salaah, is it necessary for them to hasten for the (Zuhr) salaah (as is Waajib for the Jumu'ah salaah)?

We trust that you will provide a well-substantiated reply so that the conflict should be resolved and people may have the ability to practice on what is right.

Answer: It is not necessary for a place to be a town or a city for the five daily salaahs to take place there. A village, field or even a deserted place will suffice. The Jumu'ah salaah is however a hallmark of Islaam and certain requirements therefore have to be met for it to be valid according to the Hanafi Madh'hab. These are:

* It has to be performed in Jamaa'ah

* A Khutbah has to be delivered

* Public access without exception is necessary

* The place has to be a town, a city or a large village that is like a town

Because the Jumu'ah salaah cannot be performed in a deserted area, there is no Jumu'ah salaah on the plain of Arafaat even though there may be millions of people there on a Friday. Therefore, although there were thousands of Sahabah RADI. present with Rasulullaah SAW. on the occasion of the Farewell Hajj, no Jumu'ah salaah was performed at Arafaat. The Zuhr salaah was performed there in Jamaa'ah, as is done nowadays as well.

1. The Eid salaah will not be valid in a place where the Jumu'ah salaah is no valid.

2. When reliable Ulema and Muftis have ruled that the Jumu'ah salaah is not valid in your town, it is necessary to abide by the ruling. It will therefore be sinful to contradict the command and perform the Jumu'ah salaah.

Sheikh Abdul Qaadir Jaylaani RAH. stated, "When you approach the Ulema and do not act on what they tell you, your going to them will be held against you. The sin of this is like going to Rasulullaah SAW. and then failing to practice on what he has instructed you. He has also written, "The physical form of Rasulullaah SAW. is not present with you so when you follow those who truly follow and obey him, it is as if you are really following him.

The above serves as a reply for your other questions as well. May Allaah grant us all the ability to practice on what is right and to refrain from following our desires. Aameen. And Allaah knows best what is most correct.

Fatawa Rahimiyyah vol.2