With regards to your comments related to the fatwa which prohibits the (observance of) the five (daily) Salaats in the Masaajid in order to prevent the spread of the virus, is it not so that there is some scope of validity in their fatwa? i.e. (the principle of) warding off a greater evil (by committing the lesser of the two evils). Especially considering the fact that a person may unknowingly be a carrier of the virus in its inception stages and he then performs Salaat with the general (Muslim) public which could be a cause for the transmission of the virus.
Answer: Wa alaikumus salaam warahmatullahi wabarakaatuh
May Allah grant you a long life.
The invalidity of the fatwa to close the Masaajid and to prevent Salaat out of fear of contracting the virus is not blurred and indiscernible to those who have recognised the reality of Islam, Imaan and Tauheed.
Leave alone those who are conversant with the auxiliary issues (of Islam, Imaan and Tauheed), this fatwa is not even befitting of those who are only conversant of the primary and fundamental issues (of Islam, Imaan and Tauheed). That fatwa is merely one of the (negative) effects of the rebellious, materialistic, secular Western culture which has transformed man into a profit generating commodity over which, in the name of socialism, it’s destruction and the material loss which will be borne by the state is feared; or, in the name of freedom and liberation, this Western culture has transformed man into a god which is to be worshipped instead of Allah to the extent that this worldly life of prosperity is more important to them than to the prosperity of man’s Deen, Imaan and Aakhirat as espoused by Islam which has legislated Jihaad and fighting in the path of Allah and spending our lives and wealth in order for the Ahkaam (laws) of Islam to prevail.(Allah Ta’ala says):
“And fight them (the disbelievers) until there no longer remains fitnah (shirk and disbelief) and worship is only done for Allah.”
“And who is more oppressive than those who proscribe the name of Allah from being mentioned in the Masaajid?”
The Fuqaha have unanimously agreed that the protection of Deen is foremost and the most essential of the five essentials which precede the protection of life. Hence, establishing the laws of Islam is a fundamental of Deen even though it (may entail and) leads to loss of lives.
The protection of Deen takes first priority over protection of lives, and from the ways and means of protecting the Deen, is the establishment of the Zikr of Allah in His Masaajid and enlivening the Masaajid with the five (daily) Salaats, Jumuah and Jamaa’ah (congregational Salaats), regardless of whether Jamaat is Fard-e-Ayn or Fard-e-Kifaayah.
Ibn Taymiyyah has mentioned in Majmooul Fataawa (31/255): “It is not permissible to lock the Masaajid thereby preventing from the purposes for which it was erected.”
BY
BY
BY
BY
SHEIKH A.D. HAKIM AL
SHEIKH A.D. HAKIM AL
SHEIKH A.D. HAKIM AL
SHEIKH A.D. HAKIM AL-MUTAIRI
MUTAIRI
MUTAIRI
MUTAIRI
Published by:
The Majlis
PO Box 3393, Port Elizabeth,
6056, South Africa
PROHIBITION OF SHUTTING DOWN THE MASAAJID
2
“They have (blatantly) opposed the Nass (Quraan
and Hadith) and Ijmaa (consensus of the Ummat)
and have innovated an evil practice in Islam. The sin
of this innovation – the sin of the innovators and the
sin of all those who follow this practice until the day
of Qiyaamah will be borne by them (the innovators).
They have opened the door to whoever wishes to
close down the Masaajid. They have brazenly made
the Masaajid defunct and proscribed the categorical
Fardh acts merely on the basis of the specious
argument of closing the door (for some future
fitnah) by claiming the fear for contracting the
disease.”
(Shaikh Al-Mutairi)
“Thus, citing the Ahaadith of performing Salaat
in the residences which is an anomaly to (bolster
the case of) closing every Musjid in the entire
Arab world - (with the) suspension of the
Jumua'h and Jamaa'ah, with the closure going
on for two months, even in the towns, cities and
countries wherein the plague is non- existent, is
from the handiwork of Shaitaan and his gang
and the fitnah of Dajjaal and his followers even
though they may be dressed in the garb of the
people of Islam and they may display the
features of Islamic knowledge and Imaan.”
(Shaikh Al-Mutairi)
PROHIBITION OF SHUTTING DOWN THE MASAAJID
3
THE PROHIBITION OF SHUTTING
DOWN THE MASAAJID
By Shaikh A.D. Hakim Al-Mutairi
19 Rajab 1441 AH March 14, 2020
Question:
Assalamu
Alaikum
warahmatullahi
wabarakaatuh
Our Honorable Shaikh,
With regards to your comments related to the fatwa which
prohibits the (observance of) the five (daily) Salaats in the
Masaajid in order to prevent the spread of the virus, is it
not so that there is some scope of validity in their fatwa?
i.e. (the principle of) warding off a greater evil (by
committing the lesser of the two evils). Especially
considering the fact that a person may unknowingly be a
carrier of the virus in its inception stages and he then
performs Salaat with the general (Muslim) public which
could be a cause for the transmission of the virus.
Answer:
Wa
alaikumus
salaam
warahmatullahi
wabarakaatuh
May Allah grant you a long life.
The invalidity of the fatwa to close the Masaajid and to
prevent Salaat out of fear of contracting the virus is not
blurred and indiscernible to those who have recognised the
reality of Islam, Imaan and Tauheed.
PROHIBITION OF SHUTTING DOWN THE MASAAJID
4
Leave alone those who are conversant with the auxiliary
issues (of Islam, Imaan and Tauheed), this fatwa is not
even befitting of those who are only conversant of the
primary and fundamental issues (of Islam, Imaan and
Tauheed). That fatwa is merely one of the (negative)
effects of the rebellious, materialistic, secular Western
culture which has transformed man into a profit generating
commodity over which, in the name of socialism, it's
destruction and the material loss which will be borne by
the state is feared; or, in the name of freedom and
liberation, this Western culture has transformed man into a
god which is to be worshipped instead of Allah to the
extent that this worldly life of prosperity is more
important to them than to the prosperity of man's Deen,
Imaan and Aakhirat as espoused by Islam which has
legislated Jihaad and fighting in the path of Allah and
spending our lives and wealth in order for the Ahkaam
(laws) of Islam to prevail.(Allah Ta'ala says):
“And fight them (the disbelievers) until there no longer
remains fitnah (shirk and disbelief) and worship is only
done for Allah.”
“And who is more oppressive than those who proscribe
the name of Allah from being mentioned in the
Masaajid?”
The Fuqaha have unanimously agreed that the protection
of Deen is foremost and the most essential of the five
essentials which precede the protection of life. Hence,
establishing the laws of Islam is a fundamental of Deen
even though it (may entail and) leads to loss of lives.
PROHIBITION OF SHUTTING DOWN THE MASAAJID
5
The protection of Deen takes first priority over protection
of lives, and from the ways and means of protecting the
Deen, is the establishment of the Zikr of Allah in His
Masaajid and enlivening the Masaajid with the five (daily)
Salaats, Jumuah and Jamaa'ah (congregational Salaats),
regardless of whether Jamaat is Fard-e-Ayn or Fard-e-
Kifaayah.
Ibn Taymiyyah has mentioned in Majmooul Fataawa
(31/255): “It is not permissible to lock the Masaajid
thereby preventing from the purposes for which it was
erected.”
Al Aini has mentioned in Al Binaayah Sharhul Hidaayah
Lil Marghinaani Fi Fiqhil Hanafiyyah: “It is abominable
for the door of the Musjid to be locked since it is
tantamount to preventing (people) from Salaat, i.e. since
locking (the Musjid) is tantamount to preventing (people),
it is abominable. This is based on the Words of Allah
Ta'ala: ‘And who is more oppressive than the one who
proscribes the Name of Allah from being remembered in
the Masaajid?’
In the year 1316, the Ulama of Egypt were asked about
disallowing people (going for) Hajj from Egypt on
account of an epidemic in Hijaaz (Saudi Arabia). They
unanimously passed the verdict that it is impermissible to
proscribe (people from fulfilling) the obligation of Hajj.
The cabinet met for a special meeting to discuss this issue
of proscribing Hajj which the Marine Health Ministry
PROHIBITION OF SHUTTING DOWN THE MASAAJID
6
deemed imperative in order to prevent the spread of the
epidemic from Hijaaz to Egypt. However, since
proscribing (people from performing) Hajj entails
prohibiting Muslims from a primary, Deeni fundamental,
it was not appropriate for the cabinet to ratify anything
until the Ulama are consulted.
For this reason, the secretary invited the Eminent Chief
Qaadhi (Judge) of Egypt and his associates, the
Honourable Shaikh of Al Azhar, the Chief Mufti of Egypt,
the Mufti of Al Haqqaaniyyah, Shaikh Abdur Rahmaan
An Nawaawi and the ex- Chairman of the Council Al
Alami.
They participated in the meeting and engaged in
discussions with the cabinet. After the meeting was
terminated, the Ulama gathered and unanimously agreed
that the following fatwa should be written and sent to the
cabinet. The fatwa is (hereunder reproduced) verbatim:
"All praise is due to Allah alone.
... Not one of the Aimmah (Fuqaha) has mentioned that
the non-existence of a widespread virus/ disease in Hijaaz
is a precondition for the obligation of performing Hajj.
Hence, the existence of any virus/ disease in Hijaaz does
not counteract the obligation of performing Hajj on one
who has the ability (to perform Hajj). Based on this,
despite the prevalence of this disease/ virus, it is not
permissible to prohibit those who intend leaving for Hajj
when they have the means and ability to do so.
PROHIBITION OF SHUTTING DOWN THE MASAAJID
7
As for the prohibition mentioned in the Ahaadith of
entering a place which is afflicted by a plague, it's context/
applicability is where a stronger (Shar'i objective), like the
performance of a Fardh act, does not oppose it. This is
what is understood from the explanations of our Ulama.
Furthermore, the prohibition (in the Hadith) is conditional
based on the belief of the person who intends to enter or
leave (the plague stricken area) as is explained in
Tanweerul Absaar, the text of Ad Durrul Mukhtaar as
follows:
'When he leaves a city which is afflicted by a ta'oon, i.e.
an epidemic, if he believes that everything occurs through
the decree of Allah Ta'ala, then there is no problem for
him to leave and enter (that plague stricken city).
However, if it is his belief that if he leaves, he will be
saved, and if he enters, he will be afflicted with the plague,
then it is Makrooh (Tahreemi-Prohibited) for him to enter/
leave. Hence, he will not (be permitted to) enter or leave'.
The commentator As Sindi has corroborated it (the
explanation given above). And Allah knows best.” 2 Zul
Qa'dah 1316"
The materialistic (atheistic), Western mindset has missed
the point as to how to deal with the Corona virus by
restricting the issue to only corporeal medical treatment
such as precautionary measures, preventative measures
and medical treatment. This Western mindset has isolated
and cut off the link (between the Corona virus on the one
hand) and the realm of unseen and the spiritual treatment
PROHIBITION OF SHUTTING DOWN THE MASAAJID
8
which prescribes repentance to Allah, turning to Him (to
ease and remove this virus), supplicating to Him alone,
placing our trust in Him, preserving and exercising
patience in the face of His test, being pleased with His
decree and keeping His greatness in mind. This is the
reality of Islam (submitting to Allah) and Imaan
(believing) in Allah.
Citing the issue of warding off a mafsadah (evil/calamity -
the virus) and preventing the spread (of the virus) as proof
for shutting down the Masaajid and to prohibit the
performance of Faraaidh (Fardh acts such as Salaat, Hajj,
etc.), is a form of the secular, materialistic outlook which
is cloaked (in the form of) a Deeni Fatwa. (While in reality
it is a massive shaitaani deception. – The Majlis)
The occurrence of a plague is not a new development
which requires (Ulama to exercise) ijtihaad and (issue) a
new fatwa. Plagues and epidemics were prevalent in the
era of Nabi (sallallahu alayhi wasallaam) and he had
explained the laws related to it in detail. Never did he
permit the Masaajid to be locked down and Salaat in the
Masaajid to be abandoned. Rather, he prohibited people
from entering and leaving a plague stricken area and
(enjoined), e.g. an infected (camel) should not mingle with
a healthy (camel).
(In fact this statement of the Honourable Shaikh is not
confirmed by any Nass. Right up until the moment of the
departure of Hadhrat Umar (Radhiyallahu anhu) from
Shaam on the occasion of the Plague of Amwaas, even the
Sahaabah were not aware that entry into a plague-
stricken locality was proscribed by Rasulullah –Sallallahu
PROHIBITION OF SHUTTING DOWN THE MASAAJID
9
alayhi wasallam. This fact came to light by the extremely
belated narration of Hadhrat Abdur Rahmaan Bin Auf –
Radhiyallahu anhu, and it was on this basis that Hadhrat
Umar –Radhiyallahu anhu – had decided not to enter
although later Hadhrat Umar –Radhiyallahu anhu- had
expressed regret and recited Istighfaar for not having
entered. Therefore, the analogy of the camel should be
confined to camels, and this was on account of the corrupt
embedded belief of contagion in which the people
believed. Insaan is not a camel or a donkey.-The Majlis)
However, he had totally and absolutely negated the
occurrence of contagion (with such emphasis which
preclude scope for ambiguity) and which substantiates
(the non-existence of contagion) with an (easily
comprehensibly) self-evident daleel (proof). Thus, Nabi
sallallahu
alayhi
wasallaam
said:
"There
is
no
contagion", and he added (in negation of contagion):
"Who transmitted the disease to the first (camel)?". And
he further said: "Nothing transmits the disease to
something else". (In response), a Bedioun queried: "(You
get) a camel infected by mangy (amongst other healthy
camels) and then all the camels (become infected) with
mangy". Rasulullaah sallallahu alayhi wasallaam replied
(in negation): "So who infected the first (camel)? There is
no contagion and no ill omen in the month of Safar. Allah
has created every soul and has (already) ordained it's
lifespan, it's sustenance and the calamities it will face".
When Ibn Umar (radiallahu anhu) had purchased an
infected camel and it was feared that it will infect (the
other camels), he said: "We are pleased with the
PROHIBITION OF SHUTTING DOWN THE MASAAJID
10
proclamation
of
Rasulullaah
(sallallahu
alayhi
wasallaam):
"There
is
no
contagion".
(Saheehul
Bukhaari)
(This indicates that it is not valid to infer contagion from
the Hadith of a sick camel – The Majlis)
The Hadith: "There is no contagion", has been transmitted
copiously from more than 10 Sahaabah radiallahu anhum:
Abu Huraira, Ibn Umar, Jaabir, Anas (in Saheehain), Ibn
Abbaas (in Saheeh Ibn Hibbaan), Sa'd Bin Abi Waqqaas
(in Musnad Ahmed and As Saheehah Lidhiyaa Al
Maqdisi), Abdullah Bin Amr Bin Al Aas, Ibn Masood (in
Tirmizi and Musnad Ahmed with good chains of
narration), As Saaib Bin Yazeed, Abu Umaamah, Umair
Bin Sa'd (in Mu'jamut Tabraani) and Abu Saeed Al
Khudri (in Tahaawi).
Haafiz Ibn Hajar has mentioned in Al Fath (10/ 160): The
Hadith: "There is no contagion", has been corrobated by
chains of transmission from besides Abu Hurairah
(radiallahu anhu). The Hadith is transmitted authentically
from Aisha, Ibn Umar, Sa'd Bin Abi Waqqaas, Jaabir and
others (radiallahu anhum).
Nabi sallallahu alayhi wasallaam has negated contagion
and has commanded (the adoption of) health protection at
the time of the occurrence of a plague. (While there is no
proscription for the adoption of health measures (not
kuffaar and satanic protocols), the command mentioned
by the Honourable Shaikh is questionable-The Majlis).
Hence, those who pass verdicts for the Masaajid to be
locked and prohibiting healthy persons (and even sick
PROHIBITION OF SHUTTING DOWN THE MASAAJID
11
persons –The Majlis) from the five (daily) Salaats,
Jumuah and Jamaa'ah (congregational Salaats) in the
Masaajid, they have defied Allah and His Rasool and
have validated what Nabi sallallahu alayhi wasallaam has
(explicitly) negated. They have used this (pronouncement
of the Hadith) as a means to contradict his Shariat (which
dictates that the Masaajid should remain open).
They have (blatantly) opposed the Nass (Quraan and
Hadith) and Ijmaa (consensus of the Ummat) and have
innovated an evil practice in Islam. The sin of this
innovation – the sin of the innovators and the sin of all
those who follow this practice until the day of Qiyaamah
will be borne by them (the innovators). They have opened
the door to whoever wishes to close down the Masaajid.
They have brazenly made the Masaajid defunct and
proscribed the categorical Fardh acts merely on the basis
of the specious argument of closing the door (for some
future fitnah) by claiming the fear for contracting the
disease.
The causes of fear are many such as wars, civil unrest,
(etc.). (Hence, when there are many causes of fear),
(adopting the pretext of fear to close the Masaajid) will
make the Masaajid vulnerable to state interference. The
authorities/ government will close it whenever they wish
on the pretext of the ‘best interests’ (of the people)
whereas the factor - the existence of plagues and
epidemics - which (in their understanding) called for
brazenness like this (to close the Masaajid) was found in
the era of Nabi sallallahu alayhi wasallaam.
PROHIBITION OF SHUTTING DOWN THE MASAAJID
12
There was a plague in Madinah which would afflict every
person who entered it for the first time but, (despite this),
it is not narrated from Nabi sallallahu alayhi wasallaam
that he had granted a concession for Jumua'h and Jamaa'ah
to be suspended on account of that. Hence, the invalidity
of clinging to this specious argument is a confirmed fact.
Rather, the principle of closing the door (to foreseeable
fitnah) demands that the government be prevented from
being brazen in closing the Masaajid, suspending Jumuah,
Jamaa'ah and the five (daily) Salaats and from interfering
in these aspects in this manner since it (actually entails)
opening a wide door of evil. Instead of interfering and
meddling in the Masaajid and Salaat, it is possible for the
government to prevent people from leaving their homes
(but, it is not possible for them to) close the Masaajid and
prevent the five (daily) Salaats in the Masaajid. This is not
in the interests of the Masaajid. The trusteeship of the
country over the Masaajid is a trusteeship of custody and
administration, not authority to prevent (from Salaat), to
close and to make (the Masaajid) inoperative!
(We differ with the Honourable Shaikh regarding a
government having Shar’i permission to prevent people
from leaving their homes due to a plague. This view is not
supported by any Hadith. Furthermore, such prevention is
tantamount to rendering the Musaajid inoperative and
desolate which is severely castigated and proscribed by
the Qur’aan. Prohibiting people from leaving their homes
to attend the Musjid is the same as preventing them from
Salaat in the Musjid. This is haraam. Preventing them
leaving their homes for any other lawful purpose is also
PROHIBITION OF SHUTTING DOWN THE MASAAJID
13
haraam. It is oppression which has no basis and no
support in the Shariah – The Majlis).
The negation of contagion by Nabi (sallallahu alayhi
wasallaam) and his citation as proof of a logical
phenomenon - "Then who had transmitted (the disease) to
the first infected (camel)" - is corroborated by the fact that
diseases and viruses are in existence and, at times, by the
decree of Allah, like how the disease surfaced in the first
infected person, a person is exposed to it and contracts the
virus on account of his body and immunity being unable
to fight it and, at other times, he does not contract the
virus on account of his strong immunity as is observed (by
one and all). Hence, every person who comes into contact
with an infected person does not contract the virus. The
cause of (contracting) the virus is not contagion itself and
merely coming into contact with an infected person.
Rather, the cause is the weak immunity of the body which
cannot fight it. Hence, keeping away (from infected
persons) is a (form of) protection from the virus, not that
contagion is the cause and sickness. (This logic of the
Honourable Shaikh is incongruous—The Majlis)
Nabi sallallahu alayhi wasallaam has said: "Allah has not
sent down any sickness except that there is a cure for it".
The plague was widespread (and intense) in Shaam (Syria)
during the era of Umar (radhiyallahu anhu). It did not
result in them suspending Jumuah and Jamaa'ah
(congregational Salaats) or in them proscribing it's
performance in the Masaajid. Likewise, (it did not result
in them proscribing) Janaazah Salaat which is Fardh
PROHIBITION OF SHUTTING DOWN THE MASAAJID
14
Kifaayah as is (narrated) in Musannaf Ibn Abi Shaybah
from Amr Bin Muhaajir that he said: "I performed
(Janaazah) Salaat with Waasilah Bin As Asqa radiallahu
anhu over sixty deceased persons - men and women - who
(had passed away) on account of the plague. He made
four takbeers and one salaam".
This type of innovated proscription is unknown in the
entire history of Muslims despite the fact that a plague is
more dangerous in comparison to the Corona virus.
Hence, death from the plague is certain as opposed to
covid where the death rate does not exceed 2%. This (in
itself - that the death rate is so low) negates the
designation of it being a dangerous disease which
necessitates the closure of the Masaajid and proscribing
Jumuah and Jamaa'ah for the healthy (and for even the
sick who wish to attend –The Majlis). How can it ever be
that millions of Muslims are prevented from their
Masaajid and establishing the Faraaidh and the salient
features of Deen on account of a mere hundred or two
hundred infected persons whereas Salaat is the Pillar of
Deen in Islam!
Those who have issued fatwas to close the Masaajid and
suspend Jummuah and Jamaa'ah Salaat have no Nass
(Quraan/ Hadith basis), no Qiyaas (valid principled
analogical reasoning) and no fatwa of a credible Imaam
(to back their fatwas). Rather, political motives have today
rendered the Masaajid and Salaat insignificant and have
excised these vital acts of ibaadat from the lives of
Muslims to the extent that the Masaajid were closed prior
PROHIBITION OF SHUTTING DOWN THE MASAAJID
15
to the closure of commercial markets (in fact commercial
institutions and markets remain open –The Majlis).
Their citation (as proof) of the Hadith: "(Perform) Salaat
at home" at the time of intense cold and violent gale force
winds (is incorrect) since the Hadith does not call for the
closure of the Masaajid nor does it prohibit those who
wish to act on the conventional norm.
The factor of fear (during storms) is a concession to
abstain from the obligation of Jumuah and Jamaa'ah for
the person alone who is afflicted with fear. It is not an
excuse or a basis for closing the Masaajid and preventing
those who have no fear from establishing Jamaa'ah Salaat.
Nabi sallallahu alayhi wasallaam had performed Salaat in
his Musjid (Musjid un Nabawi) and had made sajdah in (a
mixture of) water and sand on account of a heavy
downpour as is narrated in Bukhaari and Muslim. There is
not a single narration mentioning that he and those who
lived in the vicinity of the Musjid ever performed Salaat in
their homes on account of rain, cold or the plague which
would afflict every person who entered Madinah. Rather,
he would perform Salaat in his Musjid. He only made a
concession for them to combine two Salaats at times of
rain and made a concession for those who were unable to
make it the Musjid due the floodwaters to perform Salaat
at home without the Jamaa'ah Salaat being suspended in
the Musjid.
The (words) "(Perform) Salaat in (your) residences"
(added to) the Azaan was originally only prescribed
PROHIBITION OF SHUTTING DOWN THE MASAAJID
16
during journeys. The Sahaabah (then) adopted (this
practice) also when not on journey. Leave alone closing
the Musjid, the (addition of the words: "(Perform) Salaat
in (your) residences" in the Azaan) does not necessitate
the suspension of Jamaa'ah Salaat and the cessation of
frequenting the Musjid. It is just a concession for those
whom the rain and cold make difficult their (movement to
the Musjid). Hence, they will perform Salaat in their
homes. Nabi sallallahu alayhi wasallaam only prescribed
this (addition of the words: "(Perform) Salaat in (your)
residences" in the Azaan) in (the course of) journey. He
then performed Salaat with those who were with him and
permitted the (rest of the) people to perform Salaat in their
residences. There is no Musjid found (while) on journey
(in the countryside) which will result in it being disused
and closed down.
(Residences in the context of the proclamation on a
journey refer to the tents set up during a halt in the
journey. There was no Musjid when this pronouncement
was originally made –The Majlis)
It appears in Bukhaari and Muslim: Ibn Umar gave Azaan
on a cold night at Dijnaan - a mountain close to Makkah -
thereafter he said: “Perform Salaat in your residences.”
He then informed us that Rasulullaah sallallahu alayhi
wasallaam would command the Muazzin on cold or rainy
nights (while) on journey to give Azaan and immediately
thereafter say: “Behold! Perform Salaat in your
residences.”
PROHIBITION OF SHUTTING DOWN THE MASAAJID
17
And in one narration, it is mentioned: “We observed that
it was raining when we were with Rasulullaah sallallahu
alayhi wasallaam at the time of (the treaty of)
Hudaibiyyah. The rain did not (even) wet the lower
portion of our shoes and the announcer of Nabi sallallahu
alayhi wasallam called out: Perform Salaat in your
residences.”
Hence, Salaat in the residences is a concession when there
is a (valid) excuse and it is not the conventional norm
(according to) the consensus of the Fuqaha as (attested to)
in (the narration of) Jaabir in Saheeh Muslim: He said:
“We were out with Rasulullah sallallahu alayhi
wasallaam on a journey and it rained. He (Nabi sallallahu
alayhi wasallaam) said: "Whoever wishes, may perform
his Salaat in his residence".
The statement of Nabi sallallahu alayhi wasallaam:
"Whoever wishes, may perform his Salaat in his
residence" is a concession and is not the conventional
norm. Thus, attending the Jamaa'ah in the Musjid and
performing Salaat with the Imaam, are indisputably more
virtuous. Hence, those who prevent people from attending
the Jamaa'ah most certainly fall within the purview of the
generality (Umoom) of the Ayat: "Who is more oppressive
than the one who prevents (others) from the Masaajid of
Allah", i.e. there is no one more ungrateful and more
rebellious than such persons.
Ibn Hajar has replied to the (apparent) contradiction of the
Muazzin's statement: "Come for Salaat (to the Musjid)"
and his statement: "Perform Salaat in (your) residences".
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He states in Al Fath - 2/113- “Without being cornered by
what was mentioned, it is possible to reconcile between
both (apparently contradictory statements) by (replying)
that the purport of "(Perform) Salaat in (your) residences"
is a concession for whoever wishes to adopt the
concession and the purport of "Come for Salaat" is
encouragement for those who intend to secure the
complete virtue even though they have to bear some
difficulty. The Hadith of Jaabir in Muslim corroborates
this. He (Jaabir) said: “We came out with Rasulullaah
sallallahu alayhi wasallaam on a journey and it rained.
Nabi sallallahu alayhi wasallaam thus said: ‘Whoever of
you wishes may perform his Salaat in his residence.”
Thus, citing the Ahaadith of performing Salaat in the
residences which is an anomaly to (bolster the case of)
closing every Musjid in the entire Arab world - (with the)
suspension of the Jumua'h and Jamaa'ah, with the closure
going on for two months, even in the towns, cities and
countries wherein the plague is non- existent, is from the
handiwork of Shaitaan and his gang and the fitnah of
Dajjaal and his followers even though they may be
dressed in the garb of the people of Islam and they may
display the features of Islamic knowledge and Imaan.
The continual practice of the Muslims was to always
hasten to the Musjid to make Dua and Istighfaar as per the
Sunnat when a plague broke out. There is absolutely no
mention of even one of the Aimmah who had given a
fatwa for the closure of the Masaajid and restraining
people from the Masaajid out of fear of the plague!
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The Hanafi Mazhab has cited as proof the generality of the
Hadith: When you see/ experience some unrest/ anxiety,
then hasten to (perform) Salaat. (The author of Ar Raddul
Muhtaar) said in the footnotes of Ad Durrul Mukhtaar:
"Unrest/ anxiety": i.e. an overwhelming fear for the
enemy. "Included in it is making Dua for the ending of the
plague": He (the author) intended (performing) Salaat in
order to make Dua (thereafter) by the word Dua. (The
author) said in An Nahr: “When they gather (in the
Musjid), each one will perform two Rakaats Salaat
(individually) intending (to seek aid in supplicating) for
the ending of the plague with (those) two Rakaats. (The
basis for these two Rakaats is) the statement of Nabi
sallallahu alayhi wasallaam: When you see / experience
some unrest/ anxiety, then hasten to (perform) Salaat.
The objectives of the Shariah are attained not by curbing
the laws of the Shariah, but by establishing and fulfilling
the laws. There is no one who is more knowledgeable than
Rasulullaah sallallahu alayhi wasallaam regarding Allah,
and His objectives. There were plagues in the era of Nabi
sallallahu alayhi wasallaam (yet, despite this), he did not
proscribe the Muslims from (performing) Jumuah and
Jamaa'ah, nor did he close the Musjid due to fear of
contagion. Rather, he (emphatically) stated: "There is no
contagion" and he commanded: "When a plague breaks
out in an area and you are in that area then, do not leave
it".
The fatwa of proscribing (people from going to the
Masaajid) was based on the principle of "closing the door
(to future fitnah)". The (correct) purport (of this principle)
PROHIBITION OF SHUTTING DOWN THE MASAAJID
20
is prohibiting a permissible means when it leads to some
mafsadah (corruption in Deen), e.g. the prohibition of
selling grapes to a person who will ferment it into wine -
not the general prohibition of the sale of grapes nor the
prohibition of farming grapes, since the Shariah has not
prohibited that.
Nevertheless, (this principle in itself) is a point of
contention (since it is not a unanimously accepted
principle) and (either way), not one of the (Fuqaha) who
had cited this principle as proof (for other issues had ever)
asserted that this principle may be used to suspend Fardh e
Ain or Fardh e Kifaayah acts. ………………….
(End of the Shaikh’s Discourse)
Our Comment
Despite the Shaikh being somewhat liberal and having
erred in some respects in his discourse, he has made it
abundantly clear that closing the Musaajid, suspending
Jumuah and the Jamaa’ah Salaat are haraam and acts of
Shaitaan. There is absolutely no basis in the Shariah for
the innovation of this haraam abomination which is
tantamount to abrogating the Deen.
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Reproduced from https://themajlis.co.za/books/prohibition-of-shutting-down-the-masaajid/