Jumu’ah Salaat is not valid in a prison according to all four Math-habs.
The validity of Jumu’ah Salaat is dependant on a variety of conditions (Shuroot). Since the condition of Ithnul Aam (General Consent) is lacking in prison, Jumu’ah Salaat will not be valid according the Hanafi Math-hab.
In prison the following two conditions are lacking according to the Shaafi Mathhab:
1. Daarul Iqaamat.
2. Forty resident males to be present in the Jamaat.
Thus, according to the Shaafi Math-hab, Jumu’ah Salaat is not valid in prison.
In terms of the Maaliki Math-hab the following essential conditions for the validity of Jumu’ah Salaat are lacking in a prison:
1. Isteetaan (Permanent residency).
2. Jaami’ Musjid.
Thus, according to the Maaliki Math-hab, Jumu’ah Salaat is not valid in prison.
According to the Hambali Math-hab, Jumu’ah Salaat in a prison is not valid because the condition of forty adult males who are permanent residents, is lacking. Prison is not the place of permanent residency.
Some argue that Jumu’ah in prison is valid because the prison authorities give their consent. This argument is utterly baseless. It is absolutely devoid of Shar’i substance. The validity of Jumu’ah does not require the consent of the kuffaar prison authorities. The requisites of its validity are the Shuroot prescribed by the Shariah.
The restricted consent of the prison authorities (i.e. their permitting the prisoners to perform Jumu’ah Salaat in prison) is NOT the Ithnul Aam stated in the Hanafi Math-hab. The Ithnul Aam prescribed by the Hanafi Math-hab refers to the General Consent extended to the Muslim public at large – that those outside the prison enjoy the unfettered freedom to enter the place where Jumu’ah Salaat is being performed.
The Fuqahaa have ruled in the very inceptional stage of Islam that Jumu’ah Salaat is not valid in even a Muslim prison in Daarul Islam in view of the lack of the condition of Ithnul Aam.
JUMU’AH IN PRISON- THE SHARIAH’S RULING
The following are the rulings of the Shariah stated in the authentic Books of Fiqh.
The term ‘Makrooh’ in the context of this article means Makrooh Tahrimi which refers to a reprehensible act which is not permissible. Its commission is sinful. It is a punishable offence.
(1) “It is Makrooh for the sick to perform Zuhr with Jamaat on the Day of Jumu’ah, and similarly is it for the inmates of the prison.” (Qudoori, Kanzud Daqaaiq, Sharhul Wiqaayah, Sagheeri, Hidaayah, etc.)
(2) “Verily, performance of Zuhr with Jamaat is Makrooh on Fridays without restriction (i.e. for all those who are unable to attend a valid Jumuah Salaat)….. Verily, they should perform Zuhr in the city without Athaan, without Iqaamah and without Jamaat.
Walwaalji stated that they should not perform (Zuhr) on Fridays in a city with Jamaat; neither should they give Athaan nor Iqaamah in prison and elsewhere (where Jumu’ah is not valid). It is preferable for the sick person to delay (Zuhr) Salaat until the Imaam has completed Jumu’ah Salaat. If he does not delay it, it is Makrooh. This is the authentic view.” (Bahrur Raa-iq)
(3) “It is Makrooh for the sick and the prisoners to perform Zuhr with Jamaat in the city (on Fridays). This is narrated from Hadhrat Ali (radhiyallahu anhu)” (Tabyeenul Haqaa-iq)
(4) “It is Makrooh for the sick and the prisoners to perform Zuhr with Jamaat in the city on Friday whether it be before the Jumu’ah has completed or after it” (Ghunyatul Mutamalli fi Sharhi Munyatil Musalli)
(5) “It is Makrooh Tahreemi for the sick, the prisoners and the traveller to perform Zuhr with Jamaat in a city before and after Jumu’ah…” (Ad-Durrul Mukhtaar)
(6) “It is said in Al-Waaljiyyah: On Friday Jamaat of Zuhr Salaat should not be performed in prison in a city nor should Athaan be given nor Iqaamah.” (Raddul Mukhtaar)
(7) “It is preferred for the sick, the musaafir and the inmates of the prison to delay Zuhr until the Imaam (in the city) has completed the Jumu’ah Salaat. If they do not delay, then it will be Makrooh in the authentic view. So does it appear in Al-Wajeez of Al-Kardawi.” (Alamghiri)
(8) “In the city Zuhr with Jamaat is Makrooh for the sick and others such as prisoners and travellers, whether before the completion of the Imaam (in the city) or after it. And, Zuhr Jamaat of city inhabitants is Makrooh (on Fridays) if they do not perform Jumu’ah because of some obstacle.” (Alamghiri)
(9) “Salaatuz Zuhr is Makrooh on the Day of Jumu’ah with Jamaat in the city in a prison or other than a prison. In this way has it been narrated from Hadhrat Ali (radhiyallahu anhu), and in this manner has the practice been constant (down the ages)…..” (Al-Badaaius Sanaa-i and Al-Mabsootus Sarakhsi)
(10) “Performance of Zuhr with Jamaat in the city on Fridays is Makrooh for those who are incapacitated such as the sick, slaves, travellers and prisoners. This has been narrated from Hadhrat Ali (radhiyallahu anhu). This is so whether it is before Jumu’ah Salaat (of the city) or after it.” (Haashiyah Tahtaawi)
The Ruling of the Hanafi Math-hab on this question should thus be clearer than daylight for those who have any doubts in this regard.
THE CONDITION OF ITHNUL AAM
The invalidity of Jumuah Salaat in prison according to the Hanafi Math-hab is based on the absence of the condition of ITHNUL AAM. The other three Math-habs have their own basis and arguments for the invalidity of Jumu’ah in prison.
Ithnul Aam means permission for the public to attend the Jumu’ah. Jumuah Salaat according to the Hanafi Math-hab is not valid in a place where this condition is lacking. If any Muslim is debarred from the venue of Jumu’ah Salaat or the doors locked on the public, Jumu’ah will not be valid in such a place.
This is not the occasion to provide the evidence of the Hanafi Math-hab for this condition. Here it will suffice to state that Ithnul Aam is a Waajib condition, imperative for the validity of Jumu’ah Salaat. The Kitaab, Mathaahibul Ar’ba-ah, sums it up as follows:
“The seventh condition for the validity of Jumu’ah is Ithnul Aam. Therefore, Jumu’ah will not be valid in a place from which some Musallis are debarred. If the Imaam of Jumu’ah (or the king/ Sultan, etc.) performs Jumu’ah in his house with his officials and servants, then it will be valid although Makrooh. But the condition (for its validity) is that he opens up the doors of the house and permits the people (i.e. the public) to enter. Similar is the case of the fort. Locking the fort for fear of the enemy (attacking suddenly) will not affect the validity if the people (the public) have been given permission to enter.”
It should, however, be understood that although Jumu’ah Salaat in the fort of the Sultan is valid if permission is granted to the general public to enter, performing Jumu’ah there is sinful. Al-Mabsoot of Imaam Sarakhsi states as follows:
“If the Ameer opens the doors of the palace, orders the Muath-thin to call the Athaan and the people assemble in the palace, then this will suffice (i.e. for the validity of Jumu’ah). The meaning of opening the doors of the palace is Ithnul Aam (granting permission to the public to enter)… But in doing so, he (the Ameer) is sinful because the place prepared for the performance of Jumu’ah is the Musjid. He has thus abandoned this place…Therefore, his act of doing this is in conflict with the Salaf, hence he is sinful. And, if he does not open up the door of his palace and does not permit the public entry, and he performs the Salaat with his officials and servants, then this will not suffice for them because one of the conditions of Jumu’ah is Ithnul Aam and this is lacking here.”
The aforegoing discussion makes it clear that:
(1) Even if the condition of Ithnul Aam is fulfilled, it is not permissible for the Sultan to have Jumu’ah Salaat performed in his palace or in the fort.
(2) If the condition of Ithnul Aam (permission for the public at large to enter) is lacking, the Jumu’ah Salaat performed at this place will not be valid.
Now when this is the position of Jumu’ah Salaat in Daarul Islam where the Imaam is the Sultan, then what does the intelligence say regarding a mock Jumu’ah conducted in a kaafir prison where outsiders are NOT allowed to participate in Jumu’ah — where the condition of Ithnul Aam is not met — where inmates are assaulted and treated like dogs or worse than dogs? The Qur’aan Majeed says:
“And, only the people of intelligence take lesson.”
Some Ulama have attempted to legalize Jumu’ah in prison by citing the example of the Sultan performing Jumu’ah in his palace or in a fort with his soldiers, etc. Their thinking is indeed something to lament about.
1) Firstly, even when Ithnul Aam exists and the public is not at all debarred from entry into the palace at the time of Jumu’ah Salaat, then too it is Makrooh and not permissible to have Jumu’ah performed there notwithstanding its validity.
2) Secondly, if the condition of Ithnul Aam is lacking, Jumu’ah Salaat will simply not be valid in the palace or locked fort. At least the Sultan/Khalifah’s fort or palace has greater dignity and honour than the filthy, brutal and immoral prisons of the kuffaar.
3) To compare the kuffaar prisons with the Sultan’s palace/fort is the height of absurdity. This analogy is utterly ridiculous.
4) All the Fuqahaa of the Salf-e-Saaliheen era — all the Ulama-e- Mutaqaddimeen and Ulama-e-Muta`akhkhireen were fully aware of the argument of the Sultan’s fort/palace. Inspite of their awareness, they unanimously ruled that there is no Jumu’ah for prisoners in the prison.
5) This ruling of the invalidity of Jumu’ah in prison is as old as Islam. It is not a Ruling which can be abrogated by the baatil analogy and baseless opinions of some Ulama of this liberal age. All those, including Ulama, who claim that Jumu’ah is valid in prison have absolutely no proof and no basis for their claim other than their personal opinion which is in conflict with the clear-cut and unambiguous Ruling of the Fuqahaa on this question.