The Glorified Allah commands: “O you who believe! when the call is made for prayer on Friday, then hasten to the remembrance of Allah and leave off trading; that is better for you, if you know. But when the prayer is ended, then disperse abroad in the land and seek of Allah’s grace, and remember Allah much, that you may be successful.” (Al-Jumua/Congregation 62/9-10)

 

 

From the verse it can be understood that the ‘Juma prayer is not obligatory to everyone. Trade –selling and buying- is located in certain areas while the Muslims have been spread all over the world. As the verse asks only them who heard the call to prayer to assist it, then it can be understood easily that this prayer is not obligatory for all Muslims. Tarik b. Shihab relates that the Prophet of Allah said that the prayer of Juma was obligatory for all Muslims except these four: slaves, women, children and sick ones[1]. But, Ebu Davud who was the one to register this story, near it made a note which said that Tarik b. Shihab had seen the Prophet but hadn’t been able to hear his words. In this case this story is a ‘mursel’; story of an anonym teller. According to these it can’t be decide to whom the Juma prayer is obligatory and to whom not.

Abdullah b. Omer tells that the Prophet of Allah said: “The prayer of Juma is obligatory to everyone who hears the muezzin’s call.[2]”

For none of the namaz prayers the Koran uses the expression ‘of more importance/better’, because the five daily prayers are to be prayed everyday while the prayer of Juma sometimes might not be prayed. Abdullah b. Abbas in a rainy day told the muezzin that while calling the ezan after saying “Esh-hedu enne Mohammeden Resulullah” instead of saying “Hayye ale’s-salah (Come to the prayer)”, say “Pray your namaz in your houses”. People seemed to be uncomfortable with this. He said: “Someone better than me has done it before[3]. I didn’t want to you to be disturbed; otherwise you would have had to walk on the muddy and slipping ground[4].”

Muaviye, while in Sham asked Zeyd b. Erkan: “During the time of the Prophet did it ever occur to be two feasts on the same day?” “Yes.” replied Zeyd. “What did he do?” Zeyd said: “He prayed the eid prayer and said that Juma was up to us; the ones who wanted to pray it, could, the others weren’t obliged to.[5]”

Ebu Hureyre relates that the Prophet of Allah said: “Today it happened to be two feasts on the same day, the ones who don’t want to pray the Juma, are free not to, but we will.[6]”

Ata b. Ebi Rebah said that once that the eid was on a Friday, Ibn’uz-Zubeyr led us while praying the prayer of Eid. Later we went to the mosque for the Juma prayer but he didn’t come so we prayed on our own[7]. Ibn Abbas was in Taif, when he came back we explained him this event. He said that Ibn’uz-Zubeyr was in compliance with the sunnet[8].

 

 

“O believers! When the call is made for prayer on Friday, then hasten to the remembrance of Allah and leave off trading; that is better for you, if you know.” (Al-Jumua/ Congregation 62/9) According to what is said the call for the Juma prayer then should be done in such a place as the gathering or a market place so that people would have the possibility to stop their trade- buying and selling- and go to prayer.

In Medina there was a gathering place, a market place and more than one mosque. Nevertheless the Juma was prayed in only one place; in the mosque of the prophet. According to Ibn Abbas’ words the first time the Juma was prayed in some other place beside the mosque of the Prophet in Medina, was in the region of Bahrain, in Cuvasa, the mescid of Abdulkays.[9] 

According to Ata b. Ebi Rebah if a person is found in a settled region that has a status of guaranteeing people there all necessities –karye-i camia- and on Friday the call for the Juma prayer is done no matter if the individual hears it or not he is obligated to assist the prayer. Enes sometimes went and other times didn’t go to pray the Juma in the mosque of Zaviye 11370m from his house[10].

 The son of Ka’b b. Malik Abdurrahman said that his father when heard the call for prayer of Juma used to utter mercy and peace (the plea for mercy after a believer’s death) for Es’ad b. Zurare. Once I asked: “Why do you plead mercy for Es’ad b. Zurare every time you hear the Juma call for prayer?” “Because in the vale of Nebit, at the rocks of Beni Beyada[11], in that watery location called Naki’u’l –Hadman he was to lead our first Juma prayer.” “How many people were you?” I asked. “Forty.” He said[12]. 

 

 

Ebu Hureyre relates that the Prophet (s.a.v.) said: “When you go to perform the prayer don’t rush, go little by little; pray the ‘rekat’ section of prayer you arrive at, and then complete those you didn’t attain[13].

 

 

Ebu Musa el-Esari informs that the Prophet of Allah had said: “the period of Juma is the time between the sitting of the Imam (on the minber) and the end of the prayer[14].”

The prayer of Juma is two sections. Abdullah b. Omer (r.a.) relates: “The Prophet of Allah after the ending of Juma till the moment he left the mescid he never prayed, after leaving he prayed two other sections at home.[15]”[16]

As the verse commands: “After finishing your prayer spread in the world.” The order should be obeyed. One Friday, Abdullah b. Omer saw a man praying a two section prayer and pushing him asked: “Do you want to pray the Juma four sections long?” Abdullah b. Omer prayed two sections at home and claimed: “This is what the Prophet of Allah used to do[17].” 

If Abdullah was found in Mecca and prayed the Juma, he first prayed two sections on the back and later he passed on the front to pray four other sections. If he was in Medina, he prayed the Juma and only after turning back home he prayed two other rekats under the claim: “This is what the Prophet of Allah used to do.[18]”

Before the prayer of Juma Omer prolonged his prayer, while after Juma he tried to leave immediately for home and pray two rekats of prayer saying: “This is what the Prophet of Allah used to do[19].”

Es-Saib relates that he together with Muaviye prayed the prayer of Juma in the spot of the sovereign. After that the imam finished the prayer I started to pray at the same place. Muavuye sent me someone who told: “Never repeat what you just did. After the prayer of Juma don’t pray any other prayer without going out or talking with someone. This is how the Prophet of Allah instructed us. He didn’t want us to add a prayer to the other without speaking with someone or walking out[20].”

 Ebu Hureyre says that the Prophet of Allah said: “If you are going to pray after praying the Juma, make it be four rekats long[21].”

 

 

It has been told that Ebu Hureyre had heard these words from the mouth of the Prophet of Allah: “Although we are the last populace, on the Judgment Day we will be leading. They were given the book before us, the day of Juma (Friday) was given them before us as well but they disagreed. Now we are given this day, so the others are bound to come after us; the day of Jews is tomorrow (Saturday) while the day of Christians is the day after (Sunday)[22].

In a hadith reported by Ebu Hureyre and Huzeyfe the Prophet of Allah claims: “The Glorified Allah made those before you lose Friday; so Saturday became the day of Jews and Sunday that of Christians. Allah brought us to this world and assigned Friday to us. Thus Friday, Saturday and Sunday are holy days. They, the non- Muslims will have to follow us on the Judgment Day. We are the last to live on this world but the first in the Judgment Day. And, from all creatures we will be the first to have our confessions concluded on the Judgment Day[23]”

 

 Ebu Hureyre relates that the Prophet (s.a.v.) said: “The one who on Friday washes himself as he was washing from cunupluk and goes to the Juma prayer what he has done is equivalent with a camel sacrificed for Allah’s sake. The one who goes on the second hour is as he had sacrificed a cow. The one who goes on the third hour is as he had sacrificed a koc with horns for Allah’s sake. The one who goes on the fourth hour is as he had sacrificed a hen, while the one who goes on the fifth hour is equal to a man who has given an egg for Allah’s sake. When the imam starts to maintain the speech (hutbe), the angels are ready listening to his words.[24]”

Selman-I Farisi relates that the Prophet (s.a.v.) said “If a person on Friday, cleans himself the better he can, oils himself or uses a nice odor and goes out, doesn’t start a conflict between tow peoples, prays the prayer obligatory to him and keeps silent while the imam is speaking all his sins from the previous Friday to that Friday are forgiven[25].”

Ebu Hureyre relates that the Prophet of Allah (s.a.v.) said: “Whoever washes himself, participates the Juma prayer, prays it as supposed to be prayed, and keeps silent while the imam is speaking, besides having the sins he committed between the previous Friday and that day forgiven, three extra days are gifted to him.[26]”  

 

Muhammed b. Yahya relates that the Prophet of Allah said: “If you can procure yourself different clothes from the work clothes for Juma.[27]”

 

 

Semure b. Cundub relates that the Prophet said: “The -abdest-, water cleansing, for Juma is good, but a bath is better[28].” 

Abdullah b. Omer relates that the Prophetsaid: “Whoever has decided to go to Juma is let wash himself first[29].”

While Omer, son of Hattab was standing and calling the hutbe one from the emigrant friends of the Prophet (s.a.v.) entered[30]. Omer asked him: “What time are you coming?”

He replied: “I had things to do. I heard the prayer call, ezan and I had no time to go home so I just made the water cleansing and came.”

Omer said: “Again abdest? You know well that the Prophet of Allah told us to bath[31].”

Ebu Hureyre relates that the Prophet of Allah said: “Washing at least once a week, including his body and hair, is the duty of every Muslim[32].”

 

Ebu Said el-Hudri claimed that he had witnessed these words of the Prophet (s.a.v.): “Washing himself on Fridays is the duty of every Muslim who has entered adolescence. Cleaning his teeth and using perfume is the same[33].”

 

Enes b. Malik said that the Prophet (s.a.v.) prayed the Juma the time the sun was in the top, meyl[34].[35]

Enes b. Malik explained: “On Fridays we were fast, we used to sleep our siesta ‘kaylule’[36], after praying the Juma.[37]” Enes b. Malik adds: “The Prophet prayed the Juma early on cold weather and he waited for the heat to drop on hot weather.[38]”

Seleme b. el-Ekva related: “Together with Prophet of Allah we used to pray the Juma when the sun was about to skip on the west later we turned back and looked for a place in shadow.[39]”

It is said that Seleme b. el-Ekva words were: “After praying the Juma together with the Prophetof Allah we turned back and looked for a place under shadow beside the walls, what we couldn’t find.[40]”

 

 

Es-Saib b. Yezid relates: “On Fridays the ezan was called after the imam took his place.[41]”

Es-Saib b. Yezid informs: “At the time of the Prophet, Ebu Bekr and Omer the firs ezan was called after that the imam took his place in the ‘mimber’-imam’s place in the praying hall of the mosque-. At the time of Osman when the number of people coming increased the third ezan read upon ez-Zevra was added.[42]”

The added ezan in fact is the firs ezan read to signalize the entering of the period of noon for prayer. The second ezan is called after that the imam is positioned on his place, while the ‘ikamet’ call done before the farz of Juma has been given the name ezan, it is to be the third ezan[43].

Ez-zevra is a place in the market place of Medina. Ibn Battal claims that it was to be a big rock at the entrance of the mosque. Ibn Mace and Ibn Huzeyme on this issue give this explanation: “The third ezan started to be read from the top of a building called the ez-Zevra.[44]”

Ebu Umame b. Sehl b. Huneyf relates: “While Muaviye had taken his place on the mimber the muezzin, the ezan caller, started to call the ezan. When he said “Allah-u ekber, Allah-u ekber” Muaviyr said “Allah-u ekber, Allah-u ekber” as well. When the muezzin said: “Eshedu en lailahe illallah”, Muaviye said “Me to!”, when the muezzin said “Eshedu enne Mohammed-en abduhu ve resuhu”, Muaviye said “Me to!”. After completing the reading of the ezan the muezzin said: “People! When the Prophetof Allah was present and I called the ezan I have heard you repeating my words.[45]” 

 

 

Ammar b. Yasir said: “The Prophet of Allah commanded us to make short preaches.[46]”

Jabirb. Semure said: “The Prophet of Allah never maintained a long discourse on Fridays; all he said was included in a few words.[47]”

 Jabirb. Semure explains: “I have prayed the prayer with the Prophet of Allah many times. Both his prayer and his discourse was middle way; not too short, not too long[48]. He used to read verses from the Qur’an and remind people about their responsibilities[49].”

Ebu Vali relates: “Once Ammar made the discourse, it was short and beautiful. When he came down we asked him why he hadn’t prolonged that a nice preaching, just a little bit more words for us. He replied: “I heard the Prophet of Allah saying that if a person’s prayer is long and his words short, this shows that he has understood the religion; so prolong the prayer and shorten the speech. As sometimes words might become thrilling.[50]”  

Abdullah b. Omer says: “The Prophet of Allah used to make two discourses. After taking his place on the member, while the ezan was being called he sat. It feels like I still look at him while the muezzin was calling the ezan. Then he stands and makes his speech. Sits and says nothing to stand once more and read the preaching[51].”

Abdullah b. Omer remarks: “On Fridays, the Prophet of Allah read the speech standing, sat to stand once more, just the way you do it now[52].”

Jabirb. Semure said: “the Prophet of Allah made two discourses sitting between them. He reads Qur’an and reminds people about their responsibilities.[53]”

 

25.13 Praying while the Preaching Is Being Made.

 

Jabir b. Abdullah relates: “While the Prophet of Allah was making his discourse on a Friday a man came. He asked him if he had prayed. The said he hadn’t. “Then stand and pray two rekats of prayer” told him the Prophet[54].

Another memory of Jabber. Abdullah about the Prophet is: “If anyone comes to the Juma after that the imam has started his speech, he should pray a two rekat long prayer first.[55]”

Jabir b. Abdullah relates: “One Friday while the Prophet of Allah was making his preaching Suleyk from the tribe of Gafatan came and immediately sat down. The Prophet of Allah said: “Suleyk! Get up and pray a two rekat long prayer. Let them be as short as to be acceptable –caiz-. Then he continued: “Whoever comes to Juma while the imam is making his preaching, he should pray a two rekat long prayer and prolong them as much as to be acceptable, caiz.[56]”

 

 

Ebu Hureyre informs that the Messenger of Allah said: “On Friday while the preaching is being made if one says the other “Be silent!” he has spoken worthless; it is ‘lagiv’[57]”.[58]

Ebu Hureyre relates that the Prophet of Allah said: “Whoever washes himself, participates the prayer of Juma, prays it as supposed to be prayed, and keeps silent while the imam is speaking, besides having the sins he committed between the previous Friday and that day forgiven, three extra days are gifted to him. If he touches a stone he has committed ‘lagiv’[59]”  

It is related that Ali (r.a.) in Kufe while preaching from the ‘mimber’ said: “On Fridays devils grab their flags and walk to every edge to invent something to prevent people from going to Juma. On the other hand the angels go to the entrance of the mosque and register all those who come during the first and second hour, till the imam takes his place in the ‘mimber’. If the persons sits in a place he can see and hear the imam, if he keeps silent and doesn’t make ‘lagiv’ he is counted to have accomplished two good actions. If the person takes his place, where he can see and hear the imam, but still doesn’t hesitate to become disturbing for the others and if doesn’t stop this ‘lagiv’ of his immediately, he gains a sin. Even he who tells his friends “Keep silent” on the Juma commits ‘lagiv’. There is nothing to gain from that Friday for the one who commits ‘lagiv’.” Ali finished his words thus: “I had heard the Prophet of Allah saying these words.[60]”    

 

 

Ibn Mes’ud relates that the Prophet of Allah started his preaching with these words:_______ “All gratitude belongs to Allah, we ask Him for help, and request His forgiveness, we ask His shelter from the badness of our ‘nefs’. Whoever is gifted with His enlightenment there is no one to change his path, and whoever has been counted disobedient by Him there is no one to account him in the right path. I witness that there is no other God beside Allah and that Mohammed is His Prophet and His slave. He sent him to give the good news and warn people before the Judgment Day. Whoever submits Allah and His Prophet means that he has matured. The ones who rebel just harm themselves. Allah is not harmed in anyway.[61]”

Ibn Sihab is adding the previous plea these words: “We ask our Lord Allah make us from those who are obedient to Him and His Prophet, us followers of His content and prevent us from what causes His discontent. Allah is the motive of our creation and we belong to Him.[62]”

 

 

Semure b. Cundub relates that the Prophet of Allah said: “Be ready for the preaching and stay near the imam, because the one that always stays distant although might enter the heaven, will be from those in the backwards.[63]”

 

Jabir b. Abdullah relates that the Prophet of Allah said: “Fridays (the day) is twelve hours long. Whatever a Muslim wants on those hours, it is certain that Allah will give it to him. Plead on the last hour of afternoon ‘ikindi’[64].”

Enes b. Malik relates that the Prophet of Allah said: “On Fridays look for the hope hour after ‘ikindi’, in the late afternoon till the sunset.[65]”

Ebu Hureyre (r.a.) reports that the Prophet of Allah (s.a.v.) speaking about Friday said: “There is a time on Fridays that if a Muslim asks Allah for something in that hour praying salat, He will certainly give it.” The Prophet had made assign with his hand defining that time to be short[66].

 

According to the Hanefi Mad’hab there are some criteria that make the Juma prayer farz, obligating for the believers. First, the person who leads the prayer, the imam, has to be the sultan or someone nominated by him. For those who don’t know the source of this view; the sultan has been thought to be the sovereign of the country and the Hanefi’s assumed that only the leader of the country or someone nominated from him had the right to lead the Juma prayer. Some people who added this view a number of imaginative truths concluded that the criteria asked for the Hanefis’ to pray the Juma in Turkey weren’t fulfilled. This assumption can be clarified as: “Turkey is laic. It can not be pretended for a president that leads the Juma prayer as Juma is the symbol of Islam’s sovereignty. A laic governing system cannot accept the sovereignty of Islam. This is why salat cannot be prayed behind the imams assigned from this governing system.”

A considerable number Muslims, the majority of whom were youngsters have been affected from this assumption and started not to pray the Juma salat considering this a method of jihad.

Such a behavior can never be accepted from the Hanefi School. Those who spread out such an assumption are under an extremely big responsibility for having banned people from praying the Juma salat.

The hadith used from the Hanefi as a basis for this idea of theirs is: Jabir b. Abdullah relates that the Prophet once made such a conversation: “Ye people! Before passing away repent and direct toward Allah. Hurry to accomplish good actions before becoming too busy with your responsibilities; remembering each other time after time, making charity openly and secretly in order to create a bound between yourselves and Allah so that your sustenance will be bounty, you can be aided and your problems solved.

Be aware that the Glorified Allah has claimed the prayer of Juma obligatory from this day, month, year I am found now to the Day of Judgment. For as long as I am in life or after I pass away whoever is being led by a leader, just or unjust, because of disregard or because doesn’t consider it obligatory doesn’t pray the Juma salat, may Allah never salvage him and may he never profit from His abundance. Lo! Nor the salat prayed, neither the almsgiving nor the pilgrimage, neither the fasting or any good action of such a person is accepted. Nevertheless he repents. Allah accepts the repenting of those who repent.[67]”

As it will be seen next, this hadith has been shown as a proof for the Juma prayer to be led from the sultan or someone nominated from him by Hanefi scholars such as Semseddin es-Serahsi, who died in 483 according to the hicri calendar, Alauddin el-Kasani who died in 587 according to the hicri calendar and Kemalettin b. Humam who died in 593 according to the hicri calendar.

This hadith has been reported from Abdullah b. Muhammad el- Adevi and Zeyd b. Ced’an, both regarded as unconvincing hadith[68] reporters what has led to the considering of this hadith as unconvincing substantiation and hasn’t been included in some Hanefi Islamic Jurisprudence books as evidence to the sultan topic. El- Hadiye is an example to these books.

According to Aladdin el-Kasani, it is related that the Prophet (s.a.v.) while claiming the four duties of the rulers (vali) mentioned the Juma to be one of them. On the other hand, Kemaluddin b. Humam maintained that this idea was generated from Hasan-i-Basri[69]. Imam Serahsi mentioned this idea as a ‘wise saying’ but not as a hadith. The phrases which belong to the companions of the Prophet or express the experience of the ancestors are regarded as ‘wise sayings’[70], this is why this claim of Mebsut supports the idea of Ibn-I Humam. We didn’t encounter such a hadith during our study of the hadith collections.

 The support of the Hanefis is the ‘maslahat’. ‘Maslahat’ is the thing that is the motive of a good deed. Its antonym is ‘mesfedet’, which means the cause of bad actions. The motivation of good has always been taken in consideration while the principles of Islam were decided. This is why every principle of Islam is in compliance with the good sense and decided so that no other way can be more appropriate.

‘Maslahat’ can be considered as the collective gain. The accomplishment of the Juma prayer from the sultan or by someone nominated by him is for the collective benefit of Muslims in this place. The Juma prayer is the salat, which is prayed en masse by all the Muslim males of the same region that has reached adolescence. If the individual that is going to lead such a prayer is not appointed in advance, conflicts that can end with death might spread out, just as it will be related below. The speech might lead to divergences and contradictions. Furthermore, if no security precautions are taken enemies from inside and outside might take advantage from this, attack during the prayer and murder the Muslim men in mass. Certainly all these problems are solved if the Juma prayer is regulated from the authorized institutions. This is why the condition of the presence of the sultan in the Juma prayer is for the collective profit.

There is no harm in behaving in accordance to the collective benefit. If the imam (leader of prayer) fulfills the minimum criteria required, the defects of the pose he occupies or of his nominator don’t obstacle the accomplishment and the acceptability of the prayer. In the absence of the sultan and his representative it is quite appropriate for the Muslims to appoint a leader to their prayer within themselves. So, the sultan conditioning cannot be a reason to abandon the Juma prayer.

The Prophet (s.a.v.) led the Juma prayer during all his life. He was both prophet and head of the state. After, the caliphs led the prayer in the central areas, while in the rural regions the person of major influence became the imam of Juma. This practice was used as evidence to demonstrate the importance of the sultan authorization issue.

According to the Hanefi sect if an issue for the collective gain fulfills the required criteria, it can be taken as basis for further rules[71]. This is how the presence or authorization of the sultan has been decided.

As it will be noticed below the ‘sultan’- head or leader- is the individual of highest hierarchy in a region, where the Juma prayer is performed. The ‘sultan’ of a township/district is the vali, the ‘sultan’ of a city is the kaymakam, and the ‘sultan of a nation is the head of the state. In the absence of a chief figure or when this figure is unable to use his influence in cases of terrorist and anarchical acts, the Muslims are supposed to select an imam within them to lead the Juma prayer. Now let’s analyze the main Hanefi sources to see how they approach this special issue.

 

 The work of Shemsuddin es-Serahsi (who died in 483 according to the hicri calendar) el-Mebsut is the starting point of the six book long work[72] of Imam Muhammad who is the Islamic personality that made possible the transmission of the ideas of the Hanefi ideas to the generations. The views pointed out in these six books are called zahiru’r rivaye, which means ‘events seen and related’. It is widely believed in the kept originality of this work where the issue of the Juma prayer is explained thus: 

 

 

The work of Aladdin el-Kasani, who died in 587 according to the hicri calendar, called el-Bedaiu’ sanai` fi tertibi’sh-sherai is one of the reliable sources of the Hanefi sect. This is how el- Bedai` approaches this issue:

“According to us the sultan is one of the requirements for the accomplishment of the Juma prayer. So that, in the absence of the sultan or of the person nominated by him the prayer is not religiously acceptable. Imam Shafii` insinuates that the presence of the sultan is not from the Juma requirements, because in his view the Juma prayer is from the compulsory prayers, which to be prayed doesn’t require the presence of the sultan. Our sustentations are these. First, in the hadith of the Prophet (s.a.v.) where the words ‘…whoever is being led by a leader, just or unjust…’ are mentioned, the punishment is seen as righteous for whoever abandons the Juma prayer regardless the presence of the sultan; in other words the presence of the sultan is the conditioning criterion for the punishment. Second, it has been related that the Prophet (s.a.v.) assigned four duties to the leadership and the leading of the Juma prayer was one of them. Furthermore the absence of the sultan precondition for the accomplishment of the Juma prayer would lead to disorder. As the Juma is prayer accomplished in bigger groups, praying in front of the entire town and leading the others is considered a sign of respect, honoring and eminence. Those who are looking for some prominence and the facilities of the position of the leader would start to compete and argue with each other for being the imam of the Juma prayer. Probably this kind of arguments would have a bloody end. This is why the leading of the Juma prayer has been included in the responsibilities of the administrative leader and he can lead the prayer himself or nominate someone else. So people for the fear of being punished or because of the almost compulsory command (vacip) of obeying the administrative leader avoid debates in order to become the imam of Juma.

If the Juma prayer hadn’t been bound to the presence of the sultan, then every group of people who would have come in the mosque would have prayed without waiting for the others what have led to the loss of the Juma’s target, which is the gathering of people to pray together and unify. On the other hand the Juma prayer is prayed only once so that the ones, who come later, can’t pray it. These are the reasons that make the sultan precondition appropriate. So the sultan after the whole community has arrived, in a suitable time gives start to the prayer by leading it himself or nominating someone.

 

In cases when the administrative leader or whoever the person of most influence is dead, hasn’t been nominated yet or any anarchistic cases there is no obstacle in selecting a ‘Kerhi imam’, what means a leader for the prayer selected with the praying community’s consensus. In his el-Uyun Imam Mohammed has related the he is of this view. Just like when Osman was surrounded by the anarchists and people asked Ali to lead their prayer and he consented.

In el-Uyun this view of Ebu Hanife has been stressed as well: “If the administrative leader of any region is dead and the news hasn’t been transmitted to the caliph who will nominate another, the Juma might be led from the previous leader’s successor or any other person of high position in that region such as the kadi or the chief of Security. In this case the prayer is righteous and acceptable. But, the community’s choice in this case is invalid as the group of high ranked people mentioned before had the right to lead the Juma prayer in substitution of the administrative leadership, even when he was alive. To the moment the caliph nominates a new administrative leader in that region the Juma prayers are prayed after one of the influent people mentioned before.”

This is the knowledge acquired from the book Nevadiru’s-salat: “If while the previous sultan is making the Juma speech, the subsequent sultan arrives, but asks the completing of the speech from the previous sultan, it is acceptable that the Juma is led from the newly arrived sultan. So that the previous sultan completed the speech with the new sultan’s permission and was this way in the position of the substitute. If the newly arrived sultan waits for the completing of the speech silently, without asking his predecessor to continue his leading of the Juma prayer is not acceptable. He can only lead the noon/ midday prayer. As his silence can be defined as his consent for the completing of the prayer or as his refusal and in this case the speech would be considered unacceptable.

The leading of the prayer from the newly arrived sultan cannot be accepted if his predecessor hasn’t completed his speech. The ongoing, interrupted one is the speech of the previous sultan while the second one hasn’t made a speech yet. The speech is from the preconditions of Juma, this is why. These are the requirements if the previous sultan has been informed for the presence of his successor. If the previous leader after finishing his speech leads the Juma and the newly arrived doesn’t interrupt him to make clear his presence and position, the prayer is accepted. The previous leader’s duty is not terminated if he is not informed for the presence of a successor. His duty can be terminated with a written document or by a courier that informs him.

Even if the leader is a slave, the prayer led by him or by someone nominated by him is accepted. The same is applied for a ‘seferi’ leader; a leader that is on a journey. The year Mecca was conquered the Prophet (s.a.v.) had traveled there; nevertheless he led the Juma prayer there. Furthermore, one day the Prophet after leading the midday prayer, which he concluded after two sections (rekats), he said: “Habitants of Mecca! Finish your prayer as we are with the status of the traveler!”. Regarding the slave issue, our supports are these words of the Prophet (s.a.v.): “Even if you have been assigned a slave from Habesistan with his nose cut, you have to follow him.”If it hadn’t been allowed for such a person to become the imam then it wouldn’t have been obligatory (farz) to follow him.

It is not acceptable that women or young reasonable boys that still haven’t entered adolescence to pray the Juma. As these two groups cannot possibly be imams of the other prayers, it is obvious that they can’t lead the Juma. If a woman is a sultan or a kadi and she nominates a suitable person to lead the Juma, the prayer would be sahih. This is related with the fact that the leadership of a woman is sahih[74].”

 

 25.18.3. el-Hidaye   

 

The view of Burhanuddin Ali b. el- Merinani, who died in 593 according to the hicri calendar, regarding this issue has been stated in his book el-Hidaye and has been shown below. This book is another from the reliable works of the Hanefi sect.

“The Juma prayer cannot be led by anyone else beside the administrative leader or someone nominated by him. As this is a prayer performed in big groups, disagreements about who is going to be in front of the entire crowd and lead the Juma prayer or for issues of the same nature might start. This is why the righteous performing of the Juma prayer firmly requires the accomplishment of this condition[75].”

If you are careful enough you will notice that none of these works mentions any verse of the Qur’an or any hadith to support their precondition related with the presence of the sultan or his substitute in the Juma prayer, the common purpose is the prevention of conflicts in other words is a decision for the collective benefit. There was no imam assigned in mosques during that time so that the prayer was led by someone among the prayers (jema’at). So in order to comprehend this idea of the Hanefi sect is necessary to consider the absence of an assigned imam in mosques.

 

 

Kemaluddin b. Humam, who died in 681 according to the hicri calendar states:

“If the administrative leader of a region dies till the moment his successor is appointed the prayer is led by the person he has nominated, by the chief of Security, or by the kadi.

If somebody obtains the control and governing power by force and behaves as a leader, the Juma prayer in his presence is accepted too, as he has become the sultan and the precondition has been accomplished[76].”

 

 

Mohammed Emin b. Omer who became popular as Ibn Abidin is an Ottoman religious scholar who lived during the 19^th century (1198-1252 according to the hicri calendar). In his work, whose original title is Reddul-muhtar ale’d-durri’l-muhtar, he claims:

“In the fatwa book et-Tatarhaniye there is a fatwa that states that the sultan who nominates an imam to lead the Juma prayer is not mandatory to be Muslim. The Muslims who live in regions where the leader is a disbeliever are authorized to pray the Juma and the Eid prayers[77].”

The sultan precondition’s reason is the prevention of conflicts and the accomplishment of the Juma prayer in peace and serenity. So it is quite normal the nonexistence of such a requirement for the nominating rank of the imam as his being Muslim. Furthermore nobody would prevent an imam nominated from such a leader from accomplishing his duty, so that the Juma is prayed in peace and serenity as desired.

 

The Definition of the Word ‘Sultan’:

 

Sultan means the all-powerful leader of a certain region; the hierarchical sovereign of a region. The sultan of a towship is the kaymakam, the sultan of a city is the vali, while the sultan of a state is the president. As the president of the state is the sultan of the city he lives at, the privilege of leading the Juma in the capital belongs to him.

In relation with the sultan issue, Omer Nasuhi Bilmen states: “The Juma prayer has to be led by the hierarchical sovereign (veliyyulemr) or by a person of his consent[78].”  

 Veliyyulemr means a person of wide reputation. So, the person of the highest rank means the highest figure with the widest of reputations in the defined area.

 

The Juma prayer might happen to be prayed behind a good imam as it might be prayed behind an evil one. Once a man went to Mohammed b. en-Nadr and told him: “My neighbors don’t participate in the Juma prayer, behaving in accordance to their preferences.”

En-Nadr asked: “Look! What do you think about someone who rises up against Ebu Bekr and Omer?

-         An evil man!

-         What about someone that would rise up against the Prophet (s.a.v.)?

-         I would consider him infidel.

-         Then what about a person who rises up against the Almighty Allah?

He lost his reason for a while and only after calming down he continued:

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