Contemporary Hanafis permit it, however suggest performance of the zuhr prayer afterwards.
How do the Hanafis justify this?
According to the Hanafi school, having a Sultan is one of the twelve conditions required for the jummua prayer.
Without this it cannot be established as they argue: لا يَجُوزُ إقامَتُهَا إلّا لِلسُّلْطَانِ أَوْ لِمَنْ أَمَرَهُ السُّلْطَانُ It is not allowed to establish jummua prayer except by a Sultan, or through someone who has been given authority by the Sultan.
They argue jummua prayers was instituted in Medina by the Prophet (saw) and his companions and not in Mecca even though the individual and group prayers were performed in Mecca. Medina was dar al-Islam (the home of Islam) where Islam flourished fully without restriction - importantly with an imam or caliph as head of state.
Furthermore, the Prophet (saw) is also reported to have said "There is no jummua without the Imam" and announced:
عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ، قَالَ خَطَبَنَا رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ فَقَالَ " يَا أَيُّهَا النَّاسُ تُوبُوا إِلَى اللَّهِ قَبْلَ أَنْ تَمُوتُوا وَبَادِرُوا بِالأَعْمَالِ الصَّالِحَةِ قَبْلَ أَنْ تُشْغَلُوا وَصِلُوا الَّذِي بَيْنَكُمْ وَبَيْنَ رَبِّكُمْ بِكَثْرَةِ ذِكْرِكُمْ لَهُ وَكَثْرَةِ الصَّدَقَةِ فِي السِّرِّ وَالْعَلاَنِيَةِ تُرْزَقُوا وَتُنْصَرُوا وَتُجْبَرُوا وَاعْلَمُوا أَنَّ اللَّهَ قَدِ افْتَرَضَ عَلَيْكُمُ الْجُمُعَةَ فِي مَقَامِي هَذَا فِي يَوْمِي هَذَا فِي شَهْرِي هَذَا مِنْ عَامِي هَذَا إِلَى يَوْمِ الْقِيَامَةِ فَمَنْ تَرَكَهَا فِي حَيَاتِي أَوْ بَعْدِي وَلَهُ إِمَامٌ عَادِلٌ أَوْ جَائِرٌ اسْتِخْفَافًا بِهَا أَوْ جُحُودًا بِهَا فَلاَ جَمَعَ اللَّهُ لَهُ شَمْلَهُ وَلاَ بَارَكَ لَهُ فِي أَمْرِهِ أَلاَ وَلاَ صَلاَةَ لَهُ وَلاَ زَكَاةَ لَهُ وَلاَ حَجَّ لَهُ وَلاَ صَوْمَ لَهُ وَلاَ بِرَّ لَهُ حَتَّى يَتُوبَ فَمَنْ تَابَ تَابَ اللَّهُ عَلَيْهِ أَلاَ لاَ تَؤُمَّنَّ امْرَأَةٌ رَجُلاً وَلاَ يَؤُمَّنَّ أَعْرَابِيٌّ مُهَاجِرًا وَلاَ يَؤُمَّ فَاجِرٌ مُؤْمِنًا إِلاَّ أَنْ يَقْهَرَهُ بِسُلْطَانٍ يَخَافُ سَيْفَهُ وَسَوْطَهُ – ابن ماجة 1/343، والبيهقي 3/244
O people! Repent to Allah before you die. Hasten to do good deeds before you become preoccupied. Uphold the relationship that exists between you and your Lord by remembering Him a great deal and by giving a great deal of charity in secret and openly. (Then) you will be granted provision and Divine support, and your condition will improve. Know that Allah has enjoined Friday upon you in this place of mine, on this day, in this month, in this year, until the Day of Resurrection. Whoever abandons it, whether during my lifetime or after I am gone, whether he has a just or an unjust imam (ruler), whether he takes it lightly or denies, may Allah cause him to lose all sense of tranquillity and contentment, and may He not bless him in his affairs. Indeed, his prayer will not be valid, his Zakat will not be valid, his Hajj will not be valid, his fasting will not be valid, and his righteous deeds will not be accepted, until he repents. Whoever repents, Allah will accept his repentance. No woman should be appointed as Imam over a man, no Bedouin should be appointed as Imam over a Muhajir, no immoral person should be appointed as Imam over a (true) believer, unless that is forced upon him and he fears his sword or whip. (Ibn Majah 1:343; Bayhaqi 3:244)
The companion Abu Abdullah (ra) made a similar statement.
مسلم بن يسار قال: كان أبو عبد الله رجل من الصحابة يقول: الزكاة والحدود والفيء والجمعة إلى السلطان
Muslim ibn Yasar said: Abu Abdillah, a sahabi, would say: "Zakat, Hudud, Fay (spoils) and Jummua are for the Sultan." (Fath al-Bari, Ibn Hajar al-Asqalani)
Ibn Abi Shaybah narrates similar words from some of the Tabi'in, e.g., namely, Abdullah ibn Muhayriz, Ata al-Khurasani and Qatadah ibn Di'amah.
Jummua, like the penal codes, collection of zakat, judicial resolution of disputes etc all apply in dar al-Islam and not in dar al-kufr or dar al-harb. Further trade should cease along with other social activities - only The Imam ensures this.
The jurist Nawawi summed this up well:
"Since we stated that selling and buying transaction on that time is forbidden, then other kind of transactions, manufacturing activities, and other activities that busying one and preventing him from going to the mosque to perform the Friday prayer are also forbidden." (Al Majmu' 4:500)
It is the caliph who appoints those leading the prayers, usually governors or head of a city, and the khutbah is done in his name. It is why the Hanafis did not permit jummua to be performed in villages as there would usually be no representative of the Imam at such a local level.
Hanafi scholars generally note:
"The Friday prayer is based on the permission of ulul-amr (authority). If there is no ulul-amr, the Friday prayer is not fard... On the other hand, some Ahnaf say Muslims can appoint a person among themselves and perform the Friday prayer if there is no ulul-amr." (Elmalili Hamdi Yazir, Hak Dini Qur'an Dili, VII, 4983)
Badr ad-Deen al-Ayni:
قَالَ أَبُو بَكْرٍ ابن المنذر: مَضَتِ السُّنَّةُ بِأَنَّ الَّذِي يُقِيمُ الْجُمُعَةَ السُّلْطَانُ، أَوْ مَنْ قَامَ بِهَا بِأَمْرِ السُّلْطَانِ
"Abu Bakr ibn al-Mundhir said: (for a long time) it has been accepted that the one who hold the jummua is the Sultan or an appointed person by the Sultan … " (Badr al-Deen al-Ayni, Umdat al-Qari, Vol. 6, p. 276.)
Whilst Imam al-Kasani (ra) stated in his Bada'i al-Sana'i that the condition of having the Sultan's permission is to avoid any possible disputes and arguments, because the Friday (jumu'a) prayer is offered in a large congregating and to lead such a massive congregation in prayer is indeed a great privilege; hence, it may lead those who like to be in the limelight into competing and arguing with one another to acquire the post of leading the Friday prayer. For this reason, appointing the right person to lead the Friday prayer was left to the discretion of the Sultan, so that he may appoint whomever he feels fit for this esteemed position. As a result, there would be no dispute, for others would be forced into obeying the Sultan and may even fear his punishment. (Bada'i al-Sana'i, 1/261)
Imam al-Qurtubi said:
قَدْ قَالَ أَبُو حَنِيفَةَ :… وَاِشْتَرَطَ فى وُجُوبِ الْجُمُعَةِ وَاِنْعِقَادُهَا الْمِصْرُ الْجَامِعُ وَالسُّلْطَانُ الْقَاهِرُ
"Abu Hanifa … stipulated for the establishment of jummua the center city and the powerful Sultan." (Tafsir al-Qurtubi, Vol. 9, P. 102.) Imam ibn Rushd said a similar statement in his book (Bidayat al-Mujtahid wa nihayat al-Muqtasid, Vol. 1, pp. 169-170)
In contemporary practice, since the demise of Islamic rule, the caliphate and sultanates, Hanafis recommend the jummua is done and as a precaution 4 rakats are prayed straight after as the zuhr prayer - ensuring that should the jummua not be accepted, the zuhr is discharged.
The other schools of law disagreed with this position and permitted jummua prayers without the caliph or his representative.
The Hanafi school developed significant expertise on all matters relating to politics, power and institutions given how a number of Muslim empires (eg Ottomans, Mughals etc) adopted their views.
According to the Hanafis praying jummua in congregation is not permitted without the Caliph or his representative as was practiced for over a millennium in Islamic history.
Contemporary Hanafis allow jummua without a caliph and recommend praying zuhr afterwards.
Marghanani, Hidayah, Kitab us Salaat, Bab Salaatul Jummu'ah
Ibn Abidin, Radd al-Muhtar,
Kasani, Bada'i al-Sana'i, Vol. 1
Ibn Rushd, Bidayat al-Mujtahid wa Nihayat al-Muqtasid, Vol. 1
Shurunbulali, Imdad al-Fattah
Badr al-Deen al-Ayni, Umdat al-Qari, Vol. 6
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