The
Times for Isha and Fajr Prayers in Western Countriesks
By
Shaykh Haitham Al-Haddad
'The
designated times for Isha and Fajr prayers in the
UK
and other similar countries during the summer season'
All
praises are due to Allah and peace and blessings
be upon the prophet Mohammed (SAW).
Abstract
The
beginning of summer occasions great confusion amongst
many Muslims living in the UK, North America, Canada
and some other European countries concerning the
commencement of Isha, Magrib and Fajr prayers. Muslims
frequently enquire about the best time to pray Isha
since it starts very late. In this fatwa I will
explain the different opinions of the scholars in
dealing with this problem. Thereafter, I will discuss
these opinions, their evidences and any respective
criticisms made against them. Finally, I will explain
the best practical opinion taking into consideration
the diversity of Muslims residing in these countries
as well as the abnormal situations they are facing.
Introduction
1-
Firstly, it is essential to state that Isha time
starts once twilight disappears. This is based on
many prophetic traditions such as the statement
narrated in Sahih Muslim by Abdullah Ibn Amr that
the prophet (SAW) said
“and the time for Magrib continues until the
twilight does disappear”.
2-
Both Muslim and non-Muslim astronomers disagree
on the time twilight disappears especially in areas
of extreme latitude such as Canada and many European
countries. England has a latitude of between 50
to 60 degrees) .
3-
Some believe that the twilight never disappears
for a certain period of time during the summer while
others believe that it does disappear, but extremely
late.
This
disagreement is a result of different opinions concerning
two main factors:
a)
The linguistic interpretation of the disappearance
of twilight.
b)
The astronomical interpretation of the disappearance
of twilight.
While
the vast majority of scholars believe that it is
the disappearance of the redness of twilight that
truly signifies its ‘disappearance’,
Hanafi scholars believe that it is the disappearance
of the whiteness.
Concerning
the second reason behind this disagreement, Muslim
scholars differ on which astronomical interpretation
should be adopted to determine the disappearance
of twilight. The resolution of the ninth Muslim
World League conference held in 1406 H (March 1996)
holds that 17 degrees is the correct interpretation
for the disappearance of twilight. If we adopt this
opinion, which is the opinion of the majority of
Muslim scholars as well as astronomers, then all
countries located above 49 degrees latitude may
well observe the phenomenon of persistent twilight
until the break of dawn. If we adopt the other linguistic
meaning and the second astronomical interpretation
for the disappearance of twilight we will end up
with allocating 15 degrees as the start of Isha
time. According to this degree, twilight does disappear
yet it disappears very late in places located roughly
at 49 or 50 degrees but it never disappears in countries
which are located at 60+ degrees latitude.
According
to the opinion of the vast majority of scholars
and astronomers, twilight does not disappear for
a period of time during summer in many European
countries since many of them are located above 49
degrees latitude.
The
above discussion is far from sufficient in uniting
the word of the scholars since the difference discussed
above is deeply rooted in the four acceptable official
schools of thought as well as astronomical interpretation.
Moreover the wide diversity of Muslims residing
in the UK and Europe, their juristic schools of
thought, and the absence of any Muslim leadership
for Muslims to follow, makes it almost impossible
to agree on specific criteria for the timings of
prayer. In any case, it is almost universally accepted
that twilight either does not disappear or persists
until very late into the night before disappearing
in many European countries.
In
other words, there are two aspects to this period
of confusion or hardship: the first aspect is when
the legislated indications of the commencement of
Isha are to be observed, but very late; the second
concerns that period when the legislated indications
for the commencement of Isha disappear completely.
Hence, irrespective of the disagreement amongst
scholars and astronomers, there will be places which
observe only one aspect while there will be definitely
some other countries observing both aspects mentioned
above. The issue is further confounded when on the
one hand, some followers of some schools of thought
believe that they are observing the first aspect
only, while on the other hand, followers of other
schools of thought in the very same locality, may
believe that they are facing both situations. Now,
regardless of whether we follow 17, 19, or 15 degrees
as being the start of Isha, a comprehensive explanation
and solution should be presented taking in consideration
the diversity of understanding found amongst the
Muslims.
The
problem of the absence of the legislated signs indicating
the start of Isha, or the very late start, leads
to difficulty in understanding the correct position
concerning three related issues:
1)
The end of Magrib.
2)
The start of Isha.
3)
The start of Fajr.
Let
us first discuss the start of Isha time since it
is the main matter of concern here.
Start
of Isha time
From
the previous discussion we conclude that the aspects
relevant to this discussion comprise two parts:
1)
The first part is when the legal sign is visible,
but it starts extremely late
2)
The second part is when the legal sign disappears
altogether.
Both
cases are treated in a very similar way since the
late start makes it extremely difficult to pray
Isha on time. An example of this is the start of
Isha time on May 20th in London just after midnight
[1] and a similar time is found on 25th July. The
following options result when examining this situation
in its totality, taking into consideration all of
its various facets:
a.
Muslims pray Isha at its stated time even if it
starts very late or even if it starts after midnight,
which according to many scholars signifies the end
of Isha time. This is based upon many prophetic
traditions. Let us call this option praying at the
astronomical time or praying on time.
b.
Because of the difficulty involved, Muslims estimate
the time for Isha prayer at odds to its actual astronomical
time. Let us call this option estimation.
c.
Because of the difficulty involved, Muslims combine
Isha with Maghrib at the time of Maghrib. Let us
call this option combination.
Discussion
of the first opinion: praying on time
Scholars
who hold the first option, i.e. praying on time,
base their opinion on numerous evidences that clearly
indicate that praying on time is the most important
condition for performing prayer. Among such proofs
is the Qur’a nic verse where Allah says [4:103]
“Verily, the prayer is enjoined on the believers
at fixed hours”. We also find that the Prophet
(SAW)explained the significance of prayer at the
appointed time in various ways. For example he said,
“The most beloved of actions to Allah is the
prayer at its time”.
However,
this opinion faces problems when twilight persists.
In that period, the legal sign for the start of
Isha disappears, so what then should be the starting
time of Isha? These scholars, in this circumstance,
adopt the option of estimation yet their opinions
vary as to the best way of estimating. Some scholars
believe that the last time on which the legal sign
appeared should be the reference time. This time
should be adopted throughout the period of persistent
twilight. In London, for example, the last day when
the legal sign is detectable is the 25th May at
12:38 am [2] . According to this opinion, Isha should
be prayed at 12:38 until the legal sign starts to
be visible again on the 18th July.
A
second group of these scholars hold that the reference
point should be the nearest city where the legal
sign is visible.
A
third group of these scholars hold that we should
divide the night into 3 parts and Isha should start
by the end of the first third of the night. This
means that Muslims living in London, for example,
should pray Isha at around 10:45 pm.
The
fourth group of those scholars hold that Makkah
should be our reference point for matters related
to acts of worship as it is our Qiblah and we perform
Hajj there. According to this opinion Isha commences
one and a half hours after Magrib.
Discussion
of the second opinion: estimation
The
second group of scholars believe that estimation
is the best solution. We have seen in the previous
argument the justification for such an opinion.
These scholars do not accept the option of combination
due to the following reasons:
a)
The Shari’a intended to distribute the prayers
over the day and night. This is why the Shari’a
considered time a vital condition for prayer. They
supported their argument by the fact that the Shari’a
discourages people from combining unless there is
a pressing need let alone the fact that many scholars
prohibited the continuous practice of combining
prayers over a long period of time in a manner that
gives rise to a habitual action.
b)
The estimation of Isha time is a valid approach
since many scholars agree that Isha time starts
after the end of the first seventh of the night
according to an interpretation of some Shafi’i
scholars.
c)
The principle of estimation in essence is valid
since it is mentioned in the famous hadith of the
Dajjal during the last days when Allah extends the
length of the days of his presence so that one day
will be as long as one complete year, another day
will be equal to a month in length, and the third
day as long as a week, while others are normal days
in length. The Companions asked the Prophet (SAW)about
praying in these extended days. The reply of the
Prophet (SAW)was to command them to estimate the
times of prayer. This hadith is reported in Sahih
Muslim.
Discussion
of the third opinion: combining
Those
who believe that we should combine prayers during
the whole period, i.e. both scenarios, base their
opinion on various justifications:
a)The
disappearance of the legal sign leaves no option
but to combine the two prayers together.
b)
The late start of Isha makes it extremely difficult
for the vast majority of people in these countries
to pray on time when the sign is visible, or at
similar time when the sign can no longer be observed.
This difficulty brings to attention the principle
established by Islamic law to remove any hardship.
There is no doubt that praying Isha after midnight,
or close to midnight, in such countries is a hardship
that the Shari’a seeks to remove. Based on
this they believe that, whether the legal sign is
visible or invisible, the end ruling is the same,
i.e. the period of late visibility should be treated
the same as the period of absence.
There
are numerous prophetic traditions where the Prophet
(SAW) combined Magrib with Isha. Most of the scholars
believe that the legal reasoning behind this combination
is to remove hardship. For example, the prophet
carried out this practice several times while he
was on a journey from one city to another [3] .
Moreover,
the Prophet (SAW) practiced combination once when
he was resident in the city of Madinah neither without
being sick nor in a state of fear. Ibn Abbas explained
the reason behind this by saying “He intended
to remove hardship from his ummah”. The scholars
deduce from this that in cases of hardship or necessity
it is allowed to combine between Dhuhr and Asr prayer
any time between the start of Dhuhr and the end
of Asr. Likewise it is allowed to pray Magrib and
Isha together in the time of either. According to
these scholars, this verdict is conditional on not
making this act a habit.
In
a similar vein, we find that Imam Ahmad allowed
the breast-feeding woman who faces difficulty in
cleaning her clothes to combine between these prayers.
Sa’eed bin al-Mussayyib instructed a shepherd
who sought his advice to combine Isha with Magrib
before sleeping if he is afraid of missing Isha
prayer due to sleepiness and tiredness.
These
scholars disagree with opinion of estimating prayers,
as they believe that it is baseless. They believe
that this situation is different from the situation
mentioned in the hadith of the Dajjal. These scholars
explained that this analogy is unacceptable because
this hadith is only applied in the case of complete
disappearance of all the legal signs. This means
that we cannot extend this to cover our case when
only one of the legal signs is present but appears
very late or is absent altogether.
The
strongest opinion concerning the start of Isha time
in such countries
As
we can see, all the opinions mentioned above are
justified by many evidences, while at the same time,
none of these opinions are free of criticism. Even
if we say we must pray on time irrespective of the
necessity of hardship involved in praying late at
night, we will still not be safe from valid criticism.
Isha might start after midnight, as is the case
of cities lying above 49 degrees. Midnight according
to many scholars is the end of Isha time. This means
that adopting this option results in praying Isha
after it has ended!
Having
analysed the previous argument, the following conclusion
can be drawn
1)
There is no opinion free of criticism.
2)
All opinions are supported by strong direct or indirect
proofs and evidences. Moreover all opinions are
supported by quotations from the previous scholars.
As a result this disagreement becomes a mater of
valid Ijtihad.
So
if someone were to ask: what shall I do and when
do I pray Isha? We will give the following answer:
1)
The male adult should join the congregational prayer
in the mosque that he usually prays in whether they
combine or chose any criteria for estimation.
a)
Praying in congregation is compulsory upon every
able male adult and it is of great significance
in Islam. The Prophet (SAW)desired to punish those
who did not attend the congregational prayer and
he did not excuse a blind person who hears the call
for Salah from not attending it. Some scholars mentioned
that attending prayer in congregation takes precedence
over many conditions of Salah. For example the adult
person who is sick and will pray in a sitting posture
if he joins the congregation while he could pray
in a standing posture if he prays alone should join
the congregation.
b)
The times assigned for Isha in such countries are
not definite as shown by the previous discussion.
Actually it is a matter of ijtihad as we have just
stated. In such cases courses of action that maintain
unity or remove disagreements should take precedence
over individual opinions.
c)
The reason behind this conclusion is the fact that
we cannot confirm that Isha during this period starts
at a specific time which puts it within the area
of ijtihad. So if it is an matter of ijtihad, one
should pray in congregation even if it takes place
at a time that does not match his ijtihad. This
conclusion is supported by the fact that Islam aims
to prevent fitnah between Muslims and block all
roads leading to it.
2)
If there is no near-by mosque or the person is not
an individual who must join the congregation like
a sick person, a female or immature child, then
he or she should delay Isha prayer as much as he
or she can. The reason behind this conclusion is
the fact that praying on time puts great hardship
on a person yet at the same time this opinion is
not free of criticism. On the other hand combining
Isha with Magrib should not be a habit especially
when there is no pressing need. Estimation, as a
last resort, should take into consideration the
practical side of the situation despite the fact
that there is no solid foundation for any of the
estimation criteria mentioned earlier. Moreover
estimation is not a very strong option during the
time of late visibility since the sign is still
visible. So we should pray Isha at the closest time
to its legal time which starts very late provided
that we do not cross midnight. The basis for this
is the principle in Islam established by the Qur
’anic verse, “fear Allah as much as
you can.” Also, by doing so, we are meeting
the Shari’a aim of distributing the prayers
over the day and night.
3)
A related point to this is a situation where a person
has the choice to join either of two congregational
prayers: one praying late and the other praying
early. In this case this person should join the
prayer that is taking place very close to the actual
legal start of Isha time, provided that it does
not cross midnight, unless there is a harm that
arises from doing this. An example of this harm
is a split occurring between the Muslims praying
in that Mosque.
Fajr time
Another
major problem occurs during summer time especially
when the twilight does not disappear is determining
the beginning of Fajr prayer. This is due to the
fact that the continued presence of the twilight
makes it impossible to determine the appearance
of the white colour of the Fajr or we might even
say that there is no start for Fajr. In this case
what should be done? Again this is a mater of disagreement
between the scholars. The previous opinions and
justifications mentioned earlier when we discussed
the start of Isha time are also apply here which
makes it a matter of valid Ijtihad.
To
conclude we advice people who cannot join the congregational
Fajr prayer to pray Fajr one and half hour before
sunrise. Any time around that may be acceptable.
Many
Muslims ask if they can pray Fajr at times such
as 1:15 am since many Islamic calendars show that
Fajr time enters at that time in many European countries
(England is one example). The answer for this is
we should pray at a time that is most likely part
of the legal time. We should avoid praying and performing
our ibadah on a doubtful time. The prophet (SAW)said:
leave what is doubtful for that which is not doubtful.
There is no question about the doubtful start of
Fajr at 1:15 am or so. So we should delay Fajr to
a time where we are most likely sure that the time
has definitely started. A good time for that is
1 ½ or 2 hours before sunrise. Another reason
for that is the aim of the Shari’a in distributing
the prayers over the day and night. Also the Shari’a
seeks to establish prayer during the beginning,
middle and end of the day. Allah says in the Quran
[17:78] Perform As-Salat from duluk al shamas (midday
till the darkness of the night, and recite the Qur’an
in the early dawn. Verily, the recitation of the
Qur’an in the early dawn is ever witnessed).
The manner in which the Shari’a legalised
combining two prayers give us a clear indication
that there are five times in normal situations and
three times for abnormal situations. These are:
just after the end of the night and sleep period
and just before the start of the day, at midday
and the third one is the one performed just after
the end of the day and in the beginning of the night.
However,
if other factors are involved we should exercise
a degree of flexibility since the matter is an issue
of valid ijtihad. A critical factor in this regard
is unity, what leads to it and to remove any form
of fitnah.
Magrib
time
Magrib
time starts after the sunset and ends when the twilight
disappears according numerous prophetic traditions.
This conclusion is what the scholars have agreed
upon unanimously. We have mentioned earlier that
scholars differ on the end of the visibility of
twilight. As a result we can conclude that they
differ on the Maghrib prayer. According to some
scholars and astronomers Maghrib time ends just
before midnight as twilight disappears at that time.
Moreover, can some one say that Magrib time ends
before Fajr time or even after Fajr since twilight
ends at that time? The answer is off course no since
it is against the meaning of the time allocated
for Magrib, it will lead to changing the order of
prayers and it will lead to combining Magrib, Isha
and Fajr which is completely unacceptable. So when
shall we pray Magrib in these situations?
The
answer is very simple and can be extracted from
the hadith narrated by al-Tirmidhi through Ibn Abbas
that the angel Jibreel led the prophet (SAW)to teach
him the prayer times. On the first day he prayed
all the prayers at the beginning of their respective
times and on the second day he delayed the prayers
until just before the end of their times for all
prayers except Magrib where he instead prayed it
on both days at the same time. This hadith explains
the other hadith that shows that the Magrib time
continues until the disappearance of twilight and
it is a clear indication that the time of Magrib
is very limited. That is why the Hanafi school of
thought normally prays Magrib immediately after
sunset. Moreover, a deep reflection upon Quaranic
verses and prophetic traditions shows us that the
daily prayers are distributed over five different
times in normal situations and three times in abnormal
situations.
As
a result we should pray Magrib just after the sunset
and should not delay it for more than an hour after
sunset. Other guidelines provided earlier should
be applied here as well.
Conclusion
We
have explored the main opinions about performing
Isha, Fajr and Maghrib prayers in countries located
in extreme latitudes. We have seen that all of these
opinions are justified by valid proofs and at the
same time they are not free from valid criticism.
Consequently, this existent difference of opinions
which is supported by authentic evidences places
this matter into the realm of valid ijtihad. In
consideration of this fact, Muslims facing this
situation should apply a certain degree of flexibility
when dealing with other Muslims who hold different
opinions as a result of valid ijtihad in this regard
especially when dealing in an inappropriate manner
may lead to fitnah, a split, disunity or extreme
hardship.
I
also advise Muslims to pray on time whenever possible.
In situations of extreme hardship or invisibility
of the legal signs for the start of any prayer,
they should join the congregation in their localities
unless they are excused from doing so such as the
elderly or sick men, women, young children or very
remote individuals. In this case they should strive
to perform their prayers in a way very similar to
the aim of the Shari’a in distributing the
five prayers thought the day and night.
Haitham Al-Haddad
12th
rabie al awwal 1426 H
21st
April 2005
Haitham1234@hotmail.com
--------------------------------------------------------------------------------
[1]
There is a common misconception about the term midnight
from an Islamic perspective. Many people think that
it starts at 12:00 am while the correct time of
midnight should be allocated by finding out the
length of the night then adding half of it to the
sunset –magrib- time. The length of the night
can be calculated by finding the length between
magrib and fajr. Thus, midnight in this sense actually
does mean the middle of the night.
[2]
As we have said before, astronomers differ in determining
this time. This information cited here is based
on Central London Mosque who in turn base their
information on the data given to them by Greenwich
observatory.
[3]
You might refer to sahih al bukhari and Muslim for
various narrations for this practice.
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