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IRSYAD FATWA SERIES 182: THE RULING OF PERFORMING SOME ACTS OF PRAYER OUTSIDE OF PRAYER TIME

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Question:

What is the ruling of praying maghrib near the end of the prayer time, but suddenly adhan isyak is heard? Is the prayer valid?

Answer:

Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his family, companions and all those that follow his teachings to the day of judgement.

We will start this discussion by explaining the time specified for the maghrib prayer first. Allah SWT states:

إِنَّ الصَّلَاةَ كَانَتْ عَلَى الْمُؤْمِنِينَ كِتَابًا مَّوْقُوتًا

“Indeed, prayer has been decreed upon the believers a decree of specified times.”

Surah al-Nisa’ (103)

Imam Muhammad bin Jarir al-Thabari comments on this verse: “(Prayer) is an obligation to each believer, that has been specified for the times for them to perform it.” Refer Al-Jaami’ Al-Bayan ‘An Ta’wil Aayi Al-Quran, Al-Thabari (9/170).

In the commentaries of Imam Ibn Kathir Rahimahullah, he cites the words of Saidina Abdullah Ibn Mas’ud RA, where he said: “Prayer has its specified time, the same as hajj.” See Tafsir Al-Quran Al-Azhim, Ibn Kathir (2/404).

Maghrib Prayer Time

According to Al-Fiqh Al-Manhaji: “Maghrib prayer time starts at sunset. And the time continues until syafak (red clouds in the sky) disappears.” Refer Al-Fiqh Al-Manhaji (1/107).

Imam al-Nawawi states, maghrib prayer time begins at sunset, but in mazhab Syafie, there are two differing opinions as to when the prayer time for maghrib ends.

First opinion: The prayer time for maghrib continues until the syafak (red clouds in the sky) disappears. This is an al-Qaul al-Qadim or the early opinion of Imam al-Syafie Rahimahullah.

Second opinion: The prayer time ends after the duration of wudhu’ (ablution), covering the aurah, adhan, iqamah, and 5 rakaah, then the maghrib prayer time ends. This is a new opinion or al-Qaul al-Jadid in mazhab al-Imam al-Syafie. See Raudhah Al-Thalibin, Al-Nawawi (1/181).

From the two opinions stated above, Imam al-Nawawi is inclined towards the first opinion. He said: “Majority of Shafi’ite scholars agrees with the first opinion, while others state that maghrib’s ending time is as stated in the second opinion. Among us (Shafi’ite scholars), the scholars that agree with the first opinion are Abu Bakr Ibn Khuzaimah, Abu Sulaiman Al-Khattabi, Abu Bakr Al-Baihaqi, Al-Ghazali in Ihya’ Ulum Al-Din, Al-Baghawi, Al-Muzani, Ibn Al-Munzir, and this is the Al-Mukhtar opinion (selected).” See Al-Majmu’ Syarah Al-Muhazzab, Al-Nawawi (3/30).

Imam al-Nawawi further adds: “This is the sound opinion according to sahih hadiths, and one of them is from Abdullah bin Amru RA, where the Prophet PBUH said:

وَوَقْتُ صَلاَةِ الْمَغْرِبِ مَا لَمْ يَغِبِ الشَّفَقُ 

“The time of the evening prayer is as long as the twilight has not ended; 

Sahih Muslim (612)

Implementation of Prayer

The fuqaha have divided the implementation of prayer into three:

First: Adaa’ (أداء)

In Al-Bahr Al-Muhith, Imam Badr Al-Din Al-Zarkasyi Rahimahullah said: “A worship that is performed during the specified time in syara’ is named as adaa’. For example, performing the maghrib prayer in between the time the sun sets and before the syafak (red clouds in the sky) disappears. Any worship that the time for it is not specified is not considered as adaa’ or qadha’.

Second: I’adah (Repeat)

In Al-Fiqh Al-Manhaji i’adah is defined as: “Someone has performed his obligatory prayer, but after its completion, he finds some defects to the prayer that he has performed, whether he missed some manners or complement actions of prayer, then he repeats it, correcting his mistakes.” See Al-Fiqh Al-Manhaji (1/111).

Imam al-Zarkasyi said: “If adaa’ is performed again for the second time, then it is named i’adah. The accurate opinion is, adaa’ is the name for an act that is performed during the specified time, whether it is early or late. If worship is preceded with a defected adaa’, then it is considered as i’adah. I’adah is the act of repeating worship, whether the worship is damaged or valid.” Refer Al-Bahrul Muhith, Al-Zarkasyi (2/42).

Third: Qadha’

Imam al-Razi defines the term qadha’ as: “A name for an act of worship that is done after the specified time has ended.” Refer Al-Mahsul, Fakhr Al-Razi (1/116).

While Al-Fiqh Al-Manhaji defines qadha’ as: “Performing prayer outside of prayer time. Or the prayer is performed when the remaining time for prayer is not enough to perform one or more rakaat. If the time remaining is enough for one rakaat, then it is considered as adaa’.” See Al-Fiqh Al-Manhaji (1/111).

A Situation Where Some Actions Are Performed Outside of Prayer Time

The scholars have two main differing opinions regarding this issue; the first opinion is from the majority of the fuqaha and the Hanafiyyah scholars present the second opinion. Both opinions are detailed as follow:

First: Consensus of fuqaha (Malikiyyah, al-Syafieyyah and al-Hanabilah scholars)

Imam al-Nawawi Rahimahullah said: “The obligation of performing prayer early is a muwassa’ obligation (obligation set in a certain duration of time). Which means, it is not sinful for someone to pray at the end of the prayer time. If he intends to pray at the end of the prayer time and he dies before being able to perform it, then according to the strongest opinion of the scholars, he is not sinful.

Next is the issue of performing some acts of prayer outside of the prayer’s time. He said: “If some (from the acts of prayer) is performed outside of the prayer time and some at the end of the prayer time, then the situation should be examined further. If the prayer which at the end of the prayer time (still during the prayer time) is one rakaat or more, then the strongest opinion is that the whole prayer is considered as adaa’ (a prayer that is performed during the prayer time). However, the second opinion in mazhab al-Syafie states that it is qadha’.

According to Al-Fiqh Al-Manhaji: “Let it be known that anyone that performed half of his prayer during the prayer time and the other half outside of the prayer time, then if one rakaat of it is performed during the prayer time, it is considered as adaa’. If not (less than one rakaat) then it is considered as qadha’. The evidence of it is from a hadith from Abu Hurairah RA, the Prophet PBUH said:

مَنْ أَدْرَكَ مِنَ الصُّبْحِ رَكْعَةً قَبْلَ أَنْ تَطْلُعَ الشَّمْسُ فَقَدْ أَدْرَكَ الصُّبْحَ، وَمَنْ أَدْرَكَ رَكْعَةً مِنَ الْعَصْرِ قَبْلَ أَنْ تَغْرُبَ الشَّمْسُ فَقَدْ أَدْرَكَ الْعَصْرَ

 "Whoever could get one rak` a (of the Fajr prayer) before sunrise, he has got the (morning) prayer and whoever could get one rak`a of the `Asr prayer before sunset, he has got the (`Asr) prayer."

Sahih al-Bukhari (579)

Refer Al-Feqh Al-Manhaji (1/109).

Imam al-Zurqani comments on this hadith stating: “Idraak means he gets. Then the hadith meant that it is enough to complete one rakaat and not the whole prayer, according to the consensus of the scholars for someone to get it in time (pray in time). Thus, when he completes his rakaat, his prayer is complete.” See Syarah Al-Zurqani ‘Ala Muwatha’ Malik, Al-Zurqani (1/82).

Imam al-Zarkasyi, a scholar from mazhab Hanafi states his opinion: “It is not a prerequisite for the whole prayer to be during the prayer time. If half of it is performed, for example, one rakaat is performed during the prayer time, then the sound opinion states: The whole prayer is considered adaa’ due to the one rakaat.” Refer Al-Bahr Al-Muhith, Al-Zarkasyi (2/41).

Al-Sayyid al-Jurjani Rahimahullah was asked: “if one rakaat is performed during prayer time and the rest outside of it, is it considered as adaa’ or qadha’?”. He answered: “Whatever that is performed during the time is adaa’ and the rest qadha’, that follows the ruling of adaa’.” Refer Mukhtasar Muntaha Al-Usuli, Ibn Al-Hajib (1/243).

Second: Mazhab Hanafi

This opinion states that it is enough for someone to perform the takbiratul ihram, then it is considered as adaa’. Al-Syeikh Ibn Abd al-Syakur said: “Al-Adaa’ is performing the obligatory worship at the specified time of syara’. It is enough with takbiratul ihram for mazhab Hanafi and one rakaat according to mazhab Syafie.” See Fawatih Al-Rahamut, Ibn Abd Al-Syakur (1/85).

Conclusion

After analysing the opinions of Islamic scholars, we are inclined towards the opinion that someone has to further examine how many rakaat he has performed. If he managed to complete one rakaat during the prayer time, then it is considered that he has prayed in time (adaa’) and he has to continue and complete his prayer. If he didn’t manage to complete one rakaat, then it is considered as qadha’. We would like to state that he should still continue and complete his prayer and he has to repent and do istighfar for his negligence of performing his prayer at the very end of the prayer time. Wallahua’lam.