1. I am a Mufti, in my locality there are 3 Masajid, 2 of which follow the rulings of the local Darul Uloom. This Darul Uloom as issued a fatwa and practices upon this that it is permissible to deliver the Jummah Kutbah and Eid Kutbah in English as we live in Trinidad. Ulema e Haqq of Pakistan & India have given strict rulings that it is not permissible and the validity of the Jummah will be questioned. It should be noted that the various Imams of the Masajid have the ability to read Arabic. It has become difficult for me to leave my locality and sometimes financially impossible to go to an outside Masjid for Jummah. What should I do with regards my jummah? 2. The brothers of the Masjid trust me and ask why is it that the Darul Uloom is giving such fatwa that is against the consensus of the Ulema e haqq. What do I tell them? 3. The Imam of the Masjid insist on following the ruling of Darul Uloom yet conviently adopts his views for practising moulud etc. Should he be removed for Imamat There is a partition down the center of the masjid seperating mens section and womens section. the partition is 8feet tall and has .5 foot space below to see through. it is a temporary movable structure. on jummah n eid men and women would be lined us side by side. Is Salaah Valid? What should be done?
1. You should perform Jumuah with the congregation but repeat zuhr afterwards. However, you must make your opinions known to influential people of the locality and try to convince them to allow a brief arabic Khutbah. Here in South Africa, we usually have a talk in English before a brief Arabic Khutbah. If this system can be adopted, it may resolve the situation.
2. Present them with the academic proof from classical texts. Try and simplify the Fiqhi reasoning behind the ruling. I have noticed from my travels in America that even laymen appreciate ‘Ilmi facts and proofs. You might find some useful information and booklets (‘Position of the Friday Khutbah in Islam’ etc) in english to assist you in this regard
3. If a Faasiq person (one who openly violates the Laws of Allah Taãla e.g. shaving the beard, etc.) leads the Salaat, his Imaamat will be Makrooh-e-Tahrimi (close to Haraam). However, following such an Imaam does not invalidate the Salaat and does not necessitate to repeat the Salaat. People responsible for appointing such persons will bear the sin.
4. If there is at least space for one person to stand between the men and women the salaat of the men is valid. If not then the salaat of all those men standing next to the women is not valid if there is no sutrah. However, women should be discouraged from attending these salaahs. If such a practice cannot be stopped, then at least try to convince those in charge to erect a proper partition that does not allow open view and intermingling of the sexes. Ahsanul Fataawa Vol3 Pg 359)
and Allah Ta’ala Knows Best
Mufti Bilaal Cassim
FATWA DEPT.