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Halal status of one’s earnings during Jumuah Salaah time.

Answered as per Hanafi Fiqh by Askimam.org

I need some clarity on the Masa’lah of allowing one’s business to remain open at the time of Jumu’ah, either run by one’s wife or non-Muslim staff. The Shariah ruling – Halal status of one’s earnings during that period.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh

Muhtaram Moulana MS. Banubhai (Sallamakumullah)

Allah Ta’ālā says in the Quran,

يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِيَ لِلصَّلَاةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ ذَلِكُمْ خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ (الجمعة 9)

“Oh you who believe! When the call to Prayer is made on Friday, then proceed at once to the remembrance of Allah and stop all commerce.

That is best for you, if only you were to know (Allah’s reward for it).”

In light of the above verse, the Ulama have stated that trade after the call of Jumu’ah prayer is prohibited. The verse commands us to proceed for the Jumu’ah prayer as soon as the Azaan is proclaimed.

In the beginning stages of Islam there was only one athān for Jumu’ah, which was called at the time of khutbah in front of the Imam. This procedure had remained right up till the era of Hadhrat Umar radiyallāhu ‘anhu.

During the era of Hadhrat Uthmān radiyallāhu ‘anhu, the Muslims started inhabiting the outskirts of Madinah due to their large numbers. The athān that was given in front of the Imam at the time of khutbah could not be heard by many due to the distance from the Masjid.

Hadhrat Uthman radiyallāhu ‘anhu ordered that another athān be called in the trading area further from the mosque at his house in Maqām e Zaura’ which would be heard throughout Madinah.

This practice was unanimously accepted by all the Sahabah and has been the accepted practice of the entire Ummah till today. Trading and activities which were once prohibited after the athān in front of the Imam, were now prohibited after this first athān introduced by Hadhrat Uthmān radiyallāhu ‘anhu.[1]

Trade after the athān has been prohibited since it leads to delay in proceeding for Jumu’ah. If two people do a transaction after the athān whilst proceeding for Jumu’ah and the deal is not a hindrance in proceeding to Jumu’ah, then such a deal is permissible. It is clear that abandoning trade upon the Jumu’ah adhaan is not the emphasis rather the emphasis is on the delay for Jumu’ah.[2]

If a person closes his business during the Jumu’ah salah, this would be an expression of his reverence and respect for the Jumu’ah Salah. However, closing ones’ business during Jumu’ah Salaah is not a condition for the Jumu’ah salaah.

Closing certain businesses during Jumu’ah may also not be economically practical. For example, a Muslim owns a call centre. Closing the call centre during the Jumu’ah time can severely impact the overall turnover of the business. While we believe rizq is from Allah, we are also not required to abandon the permissible avenues of obtaining ones rizq. If one closes his business at that time, that is his level of Taqwa but not a requirement in Shari’ah.

It would be permissible that one proceeds for Jumu’ah salaah whilst his business is administered by his non-Muslim staff. The income earned during Jumu’ah time will be halal and Shariah Compliant.[3]

And Allah Ta’āla Knows Best

Ismail Desai,

Darul Iftaa

Checked and Approved,

Mufti Ebrahim Desai.


  احكام القران للتهانوي  5/61[1]

 الدر المختار وحاشية ابن عابدين (رد المحتار) (2/ 161)2

(قَوْلُهُ وَتَرْكُ الْبَيْعِ) أَرَادَ بِهِ كُلَّ عَمَلٍ يُنَافِي السَّعْيَ وَخَصَّهُ اتِّبَاعًا لِلْآيَةِ نَهْرٌ (قَوْلُهُ: وَلَوْ مَعَ السَّعْيِ) صَرَّحَ فِي السِّرَاجِ بِعَدَمِ الْكَرَاهَةِ إذَا لَمْ يَشْغَلْهُ بَحْرٌ وَيَنْبَغِي التَّعْوِيلُ عَلَى الْأَوَّلِ نَهْرٌ.

قُلْت: وَسَيَذْكُرُ الشَّارِحُ فِي آخِرِ الْبَيْعِ الْفَاسِدِ أَنَّهُ لَا بَأْسَ بِهِ لِتَعْلِيلِ النَّهْيِ بِالْإِخْلَالِ بِالسَّعْيِ فَإِذَا انْتَفَى انْتَفَى

 الدر المختار وحاشية ابن عابدين (رد المحتار) (5/ 101)3

وَقَدْ خُصَّ مِنْهُ مَنْ لَا جُمُعَةَ عَلَيْهِ ذَكَرَهُ الْمُصَنِّفُ وَالْحَاصِلُ أَنَّ الدَّلِيلَ خَصَّ مِنْ وُجُوبِ السَّعْيِ جَمَاعَةً كَالْمَرِيضِ وَالْمُسَافِرِ

حاشية الطحاوي على مراقي الفلاح(335) المطبعة الكبرى الأميرية

بأن من لم تجب عليه الجمعة مستثنى من الحكم كما في القهستاني يعني من لم تجب عليهما معا أما إذا وجبت على أحدهما دون الآخر أثما جميعا لأن الأول ارتكب النهي والثاني أعانه عليه

فتاوى رحيمية 6/18

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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