Various Questions

Answered according to Hanafi Fiqh by DarulUloomTT.net
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Assalaamu Alaikum Mufti,

I have a few questions that I hope Insha Allah you’ll be able to assist me with firstly,

1. Is there a hadeeth on missing 3 jumu’a that makes you a kaafir? I hear Muslims saying this all the time but not 1 can say what is their daleel for such.

2. If a community doesn’t pray in their mosque for a particular salaat and it remained vacant is there a penalty for this? I heard a bro saying that the mosq makes dua and complains to Allah about it.

3. Is it the Imaam’s responsibility only or the executive as well or everybody who goes to that mosque to make sure that the azan is called for every Salaat and that people are there to pray

4. can a woman be a trustee of a mosque

5. what is the role of a trustee of a mosque?

Jazak Allah.

Wa Alaikum As Salaam,

Answer to first question:

1) Based on the narrations recorded on the topic of missing 3 Jumu’ah, there is no Hadeeth that says that a person becomes a Kaafir. It should be noted that regardless of how grave a sin is which a Muslim commits, this does not take him out of Islam. There are however, other hadeeth that give a stern warning to those who miss 3 Jumu’ah.

In this regard, Imam Tirmizi has narrated the tradition in which the Prophet (s.a.w) said, ‘Whoever misses Jumu’ah 3 times neglectfully and showing total disregard for it, Allah will place a seal on his heart.’ (Recorded by Imam Tirmizi who says it is a good hadeeth – Chapter of leaving out Jumu’ah without an excuse). In the hadeeth, placing a seal on the heart means that the heart will lose the ability and divine guidance to accept the truth, or this ability will decrease. (Kitabul Fatawa Vol. 1 Pg. 487 Zam Zam Publishers Karachi 2007). In a hadeeth recorded in the Sahih of Ibn Khuzaima, it states that the Prophet (s.a.w) said, ‘Whoever misses Jumu’ah 3 times without an excuse, then he is a Munafiq (hypocrite)’ (Saheeh Ibn Khuzaima Hadith # 1854). Another hadith states that the Prophet (s.a.w) said, ‘Whoever hears the Azan (for Jumuah) on the day of Jumu’ah and does not come for Jumu’ah, then he hears it again (on another occession) and does not come for Jumu’ah, Allah will place a seal on his heart and will make it the heart of a Munafiq.’(Kanzul Ummal Hadeeth # 21145 from Tabrani who narrated it from Ibn Abi Awfa). Imaam Tabrani has also narrated that the Prophet (s.a.w) said, ‘whoever leaves out 3 Jumu’ah without an exuse, then he will be written from among the hypocrites.’ (Kanzul Ummal Hadith # 21131 from Tabrani who narrated from Usama bin Zaid R.A)).

In these traditions, being called a Munafiq does not mean than one is a Kaafir. It simply means that this act of missing 3 Jumu’ah is from the actions of the hypocrites which is unbecoming of a Muslim.

Answer to second question:

2) The Masjid is the house of Allah and is built for the sake of remembering and worshiping Allah. For this reason, the Prophet (s.a.w) has strongly emphasized upon the Muslim men to attend the masjid in order to perform Salaah in congregation. The Prophet (s.a.w) was very stern and firm in ordering the adult men to attend the Masjid for Salaah. Based on the traditions, it is evident that it will be sinful upon the community (the adult men) who do not pray in the Masjid without a valid reason. (Fatawa Mahmoodiya Vol. 6 Pg. 396. Darul Ifta Jamia Farooqia). With respect to the mosque making dua and complaining to Allah, this is not evident in any hadeeth according to our knowledge.

Answer to the third question:

3) It is the responsibility of the Imaam, the Executive and the adult males of the community to ensure that Azan is called for every Salaah and that people are there to perform Salaah.

Answer to the fourth question:

4) The Fuqaha (Jurists), while discussing the trustee of the masjid, have indicated that a trustee must be a God-fearing person. The trustee must be knowledgeable regarding the affairs of the Masjid and how to manage it. The trustee must not be one who seeks the position of, and requested to be the trustee of the masjid.
With respect to who has the right of trusteeship, the scholars have stated that first of all, it is given to the one who has made the endowment or has given the land for the Masjid. After him, the other person who is given trusteeship is one who has been appointed by the endower or giver of the land for the Masjid. The next person in line for trusteeship of the Masjid is one whom the Muslims of the locality/district choose (This is in the case of a non Islamic state where there is no Hakim (governor) and Qadhi (Islamic Judge).
The Islamic jurists have also written that one who is unable to perform the duties of a trustee must not be a trustee. Similarly, one who makes a claim or a demand for trusteeship will not be made a trustee (when he is not from among those who are deserving of it and has a right for it as mentioned above. (Raddul Mukhtar Ala Ad Durr Al Mukhtar Vol. 4 Pgs. 379, 380 H.M Saeed Company Karachi Pakistan.)
With respect to a woman becoming a trustee of a mosque, the scholars have stated that this is permissible on the condition that she fulfills the duties of a trustee through the media of a male representative. (Kifayatul Mufti Vol. 7 Pg. 173 Darul Ishaat Karachi Pakistan; Shammi Vol. 4 Pg. 380).

Answer to the fifth question:

5) From among the role of the trustee of a Masjid, is that he must:

I. Protect the income and property of the Masjid.

II. Keep an account of the income and expenses of the Masjid.

III. Appoint an Imaam who is fit for the position. That is, one who is a scholar of Islam, if this person cannot be found, then the one who is most knowledgeable in Islam and can recite the Quran properly should be chosen.

IV. Ensure that the Azan is called five times a day.

V. Ensure that the masjid is maintained and looked after.

VI. Ensure that unIslamic and haram (unlawful) activities do not take place in the masjid. This includes open and free mixing of men and women, disputes/arguments, innovated practices and other such activities which are against the teachings of Islam.
It is compulsory upon a trustee to always consult with reliable scholars regarding guidelines for the masjid so that mistakes and errors are not made. Everything done by the trustee regarding the Masjid must be in agreement with the sacred laws of the Shariah.

And Allah Knows best.

Mufti Waseem Khan.