Shafi'i Fiqh .com

Is supplication after congregational prayers Sunnah, or should one get up immediately and perform the Sunnahs?

2010-09-05T16:15:34Z

Question:

Is dua after salaah in congregation a sunnah or should the imam get up immediately after salaah to perform his sunnah whilst the muqtadi’s complete there athkaar.

Answer:

Both dhikr and du’a after congregational salah are sunnah. Their being sunnah applies to both the imam and the muqtadi (the follow). (Sharh al-Muhadhdhab 3:465) The preferred position of the madhhab, as stated by Imam Shafi’i in Kitab al-Umm (2:288) is that both imam and muqtadi should engage in dhikr and du’a individually and silently, except in a situation where the imam has to teach his congregation how to make dhikr and du’a. In the latter case the imam would make dhikr and du’a loudly only for as long as it takes the congregation to learn. In contrast to this position, Imam Adhra’i adopts the view that dhikr should be made loudly as a rule and not as an exception to the rule. (al-Hawashi al-Madaniyyah 1:227)

The formal, congregational aspect of salah terminates at the salam. Thereafter both the imam and muqtadis have the choice of engaging in dhikr and du’a—which is the better option—or of standing up and continuing with their sunnah salah, or leaving.

What our fuqaha have mentioned about the imam standing up immediately pertains to the situation where he opts not to engage in dhikr and du’a, or alternatively to the situation where the imam stands up in order to engage in dhikr and du’a at another spot away from the place where he was leading the salah. This last option, of the imam standing up to make dhikr and du’a elsewhere, is said by Ibn Hajar to be the better option. The other option of the imam remaining seated in his place to engage in dhikr and du’a right there, is also described as sunnah. (Tuhfat al-Muhtaj 2:104-105) It is thus not a case of one option being sunnah and the other being against the sunnah, but rather of alternative choices all within the ambit of the Sunnah.

Some of our fuqaha have pointed out that where the imam alone stands up and leaves the congregation to engage in dhikr and du’a, the advantage is that latecomers would not imagine that the salah is still in process. Imam Adhra’i, however, points out that this advantage would be achieved even when the imam simply turns away from the qiblah; thus standing up is not the only option. (Hashiyat al-Shirwani 2:105)

Allah Knows Best

Answered by Shaykh Taha Karaan

Niyyah (Intention) in Wudu

2010-09-05T15:54:03Z

Question:

I understand the intention for the obligation of wudu must start as soon as the water touches the face as washing the face is the first obligatory integral, however what does one intend when one starts off by washing the hands, mouth, and nose? And how does one intend? What if you do not intend anything when washing the hands, mouth, and nose? As well what if one has wudu but would like to renew it? In that case what should one intend when the water touches the face, should one just intend the following: “I intend to renew my wudu” or does one intend to do the obligation of wudu?

Answer:

What one should understand firstly is that the niyyah is not a prescribed formula to be recited. Rather, it is a consciousness of purpose that occurs in the mind. In this sense, the niyyah is—

· firstly, the identification of the act one is undertaking: “I am making wudu;”

· and secondly, the reason for undertaking it: “I am making wudu in order to be able to perform salah.”

The niyyah, which is understood as this specific consciousness of purpose, ought in principle to exist in the mind for the entire duration of the wudu. However, the human mind can be a very fickle thing, with ideas constantly flitting in and out, with the result that one loses acute focus on your niyyah. In consideration hereof the fuqaha of our madhhab stipulate that the niyyah must be present in the mind (and not necessarily on the tongue), at the very least, at the moment of undertaking the first fard, which is washing the face. Should it recede from the mind thereafter, its recession would overlooked. (Rawdat al-Talibin 1:158)

Having the niyyah at the very beginning of the wudu, when the hands are washed, is fine too. It is, in fact, the better option—since one would then be rewarded for all the sunnahs preceding the face—provided that one then does not lose acute consciousness of it before washing the face. If this happens, and acute consciousness of the act and purpose recede from the mind somewhere between washing the hands and the face, the niyyah would have to be reformed in the mind when washing the face. (Rawdat al-Talibin 1:158)

As stated, the niyyah is not a formula but a consciousness of purpose in the mind. As such, it does not take the form of specific words. Where it becomes difficult to form it the mind, our fuqaha have allowed it to be verbally expressed. This is where we find formulas like “nawaytu farda l-wudu” (I intend the fard of wudu). Do note that the usage of verbal formulas like this is not in itself part of the Sunnah. The verbal expression of the niyyah, where recommended, is meant only to assist in fulfilling the Sunnah expressed in the hadith “Innama l-a’malu bi l-niyyat” (Deeds are considered by their intentions).

Making the niyyah verbally is thus more of a “crutch” to the mind than an independent sunnah. Accordingly, just as a healthy person would not need a crutch, a person who is able to maintain his mental focus on his purpose should not bother with pronouncing any sort of formula. The locus of the niyyah is the mind, and as long as the mind remains acutely conscious of the niyyah, verbal pronouncement is redundant.

If the niyyah has been properly understood as consciousness of purpose, it ought to become clear that there is really no real need for a variety of different formulations of the niyyah. The same type of niyyah that suffices for a fard wudu (i.e. the consciousness of making wudu in order to make salah, for example) would suffice for a renewal of wudu.

The same goes for the niyyah which is formed at the beginning of the wudu as opposed to the niyyah upon washing the face: there is no need to change from nawaytu farda l-wudu to nawaytu sunnata l-wudu. In the matter of formulating the niyyah—for those who need to formulate one—one would be better advised to stick to a simple “one size fits all” formula. Using a variety of formulations, and an overemphasis on using the verbal “crutch” tends, ironically, to exacerbate the very problem which the aid of verbal pronouncement sought to alleviate. That problem is confusion in the mind and the lack of mental focus and composure.

And Allah Knows Best

Answered by Shaykh Taha Karaan

Is it Sunnah for the Imam only to get up once the Iqama is Completed?

2010-09-05T15:32:12Z

Question:

Is it sunnah according to our school for the imam only to get up once the Iqaama is completed?

Answer:

When the iqamah is given the imam may either already be in the masjid, or not. If he is already in the masjid, the stated position of our madhhab is that both the imam and the congregation will stand up after the iqamah is completed. However, the proof generally advanced for this position is, according to Imam Nawawi (Sharh al-Muhadhdhab 3:233) a weak hadith.

Amongst our fuqaha Shaykh Abu Hamid al-Isfarayini applies the same rule (of standing up after completion of the iqamah) to the situation where the Imam is not yet in the masjid. This position, Imam Nawawi points out (Sharh al-Muhadhdhab 3:235), appears to stand in contrast to the authentic hadith of Abu Qatadah documented by Bukhari (no. 637) and Muslim (no. 604) which states: “When the iqamah is made, do not stand up until you see me.”

Imam Nawawi mentions that in determining when the congregation should rise, eminent Shafi’i muhaddithun such as Imam Bayhaqi (al-Sunan al-Kubra 2:20) and Imam Baghawi (Sharh al-Sunnah 2:312) have set store by this hadith of Abu Qatadah in terms of which it is not the completion of the iqamah that should signal the moment to rise, but rather when the imam is seen to enter. Since it is established that Sayyiduna Bilal used to wait for RasuluLlah sallaLlahu `alayhi wasallam to appear before beginning the iqamah, it may be gathered that his entry would coincide more or less with the beginning of the iqamah.

In the case of an imam who, like RasuluLlah sallaLlahu `alayhi wasallam, has already performed his sunnah salah at home, entry might be taken in its full literal sense, since the imam would in this case proceed directly to the place where he will lead the salah. With an imam who will first perform his sunnah, it would be not his entry, but rather his proceeding to the mihrab that would signal the moment to rise.

Answered by Shaykh Taha Karaan

Dar Al-’Ulum al-Arabiyyah wal-Islamiyyah

South Africa

Moderating Comments

2010-09-02T23:52:05Z

Salamu ‘alaykum Shafiifiqh.com Readers,

We have decided to moderate all comments as disrespect, poor etiquette, and extreme ignorance has started to show up in the comments of fatawa and articles. If you comment, remember to respect the scholars who issued the fatwa, and to comment positively, or else your comment will not be allowed to be posted.

was-salam,

Shafiifiqh.com Web Development Team

Can one wipe over thick wool socks in Wudu?

2010-09-02T17:21:59Z

Question:
Assalamu ‘Aleikum,

Can i wipe over thick wool socks (during wudo) instead of the traditional leather socks?

Answer:

The primary requirement in the sock over which wiping is permitted in wudu is strength: it should be sturdy enough to be worn without shoes or sandals (even though this would not actually need to be done) in one’s normal daily routine. Strength is not seen as an exclusive attribute of leather; it is well possible for a sock made of material other than leather to exhibit the same quality of strength. In fact, we sometimes find leather socks that are so delicately thin that wiping over them would not be permitted.

An extension of this condition of sturdiness is that the sock should prevent the penetration of water. Therefore, where a non-leather sock is thick enough to prevent the penetration of water when it is poured over the sock, one may validly wipe over it in wudu. (Tuhfat al-Muhtaj 1:252)

What if the sock is sturdy enough to walk in, but does not quite prevent the penetration of water when poured over it? In terms of the position set out above, wiping over such a sock would not be permitted. This is the preferred view of the madhhab.

Alongside it, however, two alternative opinions exist within the madhhab:

In one of these, the penetration of water is to be considered, not where one pours water over the sock, but rather where one wipes over the socks with a wet hand. A number of scholars of the madhhab held this view. (Tuhfat al-Muhtaj 1:252) In terms of this view, a sock which is strong enough that one is able to walk around in it, and thick enough to prevent water from penetrating when one wipes over it, may validly be wiped on.
The other opinion, which is preferred by Imam al-Ghazali and his mentor Imam al-Haramayn, states that preventing the penetration of water is not required in the sock at all. (al-Wasit 1:400) Under this view, one may validly wipe over a sock strong enough to be walked around in, even if it does not prevent the penetration of water at all.

While these views do not represent the formal position of the madhhab, they may–as we are informed by the scholars of our madhhab–be practiced upon in one’s personal capacity.

And Allah knows best.

Answered by Shaykh Taha Karaan

Can Men Pray on a rug partially made of Silk?

2010-09-02T17:10:20Z

Question:

Assalamu alaikum,

Is it permissble for men to pray on a prayer rug that is partially made of silk?

Answer:

The Shafi’i madhhab does not differentiate between wearing silk and using it in another manner such as a carpet or prayer mat: both are unlawful for men. However, when the fabric happens to be made partly of silk and partly of another substance, it would be permissible to use it provided that the silk be less than the other substance. Where the silk is more it would not be permissible to use. (Sharh al-Muhadhdhab 4:323)

Allah Knows Best

Answered by Shaykh Taha Karaan

Is Medical Marijuana Permissible?

2010-09-02T17:05:09Z

Question:

Is Medical Marijuana halal for people who suffer from intense pain, such as cancer patients. Also, would it be halal to have a buisness that grows it for these patients (this is legal where I live).

Answer:

The laws pertaining to marijuana (hashish) have been treated by Imam al-Zarkashi in his treatise Zahr al-’Arish fi Tahrim al-Hashish. In this work (p.9) he states that the consumption of this substance for medical reasons would be permissible if proven that it does indeed help. From here it would be extrapolated that growing the plant would be permissible, but strictly and exclusively for medical purposes. Where the least bit of ambivalence exists around the intention for growing it, either at present or potentially in future, its cultivation should rather be left to others to whom the laws of Islam do not apply.

And Allah Knows Best

Answered by Shaykh Taha Karaan

Does One pay Zakat on Gold Jewelry?

2010-09-05T18:52:45Z

Question:

Assalamu Alaikum

My question is pertaining to the zakat paid on gold. Do we have to pay zakat on gold that we have owned for more than a year, for every year that we own it? or only once in our life. Also does it matter if we wear the gold all the time or wear the gold once a year and only to weddings?

If it is jewelry is it exempt from being zakatable or not? please help me understand this! jazakallahukhairan.

Answer:

In principle, Zakah must be paid on gold that one has owned for a full year, not just once, but for every year that one owns it. However, if the owner of the gold is a female whose purpose in acquiring the gold is to wear it, even if it be only once a year and only to weddings, it will not be incumbent to pay zakah on it.

Answered by Shaykh Taha Karaan

Addendum to this Fatwa:

Someone commenting upon this fatwa asked for the proofs regarding this view and Shaykh Taha expressed his approval for wanting to know the proofs for a view. He stated,

“The interplay between fiqh and dalil (proof), and maintaining the vitality of this relationship, is one of the points on which our madhhab prides itself.”

He (hafithullah) responded with the following addendum to this fatwa:

Proof in Shari’ah lies essentially in the Qur’an, the Sunnah, ijma’ (consensus of the mujtahids of the Ummah) and qiyas (analogy).

On the matter of zakah upon permissible jewelery—

we find nothing specific enough in the Qur’an to govern the case
we find questions around the authenticity of the ahadith that do specifically address the case
we find, in addition, contradiction between the existing ahadith on either side

and we find that the matter was one on which different Sahabah held divergent views—with Sayyidah ‘A’ishah, Sayyiduna Jabir, Sayyiduna ‘Abdullah ibn ‘Umar and Sayyiduna Anad radiyaLlahu ‘anhum holding zakah upon permissible jewellery to be non-obligatory, while Sayyiduna ‘Umar and Sayyiduna ‘Abdullah ibn ‘Amr radiyaLlahu ‘anhum held the opposite view—hence no ijma’.

What remains thereafter is qiyas.

The central questions along which to probe the issue would thus be:

Is it possible to determine which of the conflicting ahadith is stronger?
Can the apparent contradiction be resolved?
Where would the application of qiyas lead to?

DETERMINING AUTHENTICITY

1. THE HADITH OF JABIR

The authenticity of the hadith of Jabir which states that there is no zakah upon jewellery is questioned on two counts:

Firstly, it contradicts a version of the hadith in which the statement comes from Jabir and not from RasuluLlah sallaLlahu `alayhi wasallam—in other words, there is a contradiction between a marfu’ version reaching up to RasuluLlah sallaLlahu `alayhi wasallam, and a mawquf version terminating at Jabir. Ibn al-Jawzi rationalises the apparent contradiction with the explanation that the mawquf version is a case of Jabir pronouncing fatwa, whereas in the marfu’ version he transmits the hadith of RasuluLlah sallaLlahu `alayhi wasallam.
Secondly, there are questions around the reliability of the narrator responsible for the marfu’ version. This narrator, ‘Afiyah ibn Ayyub, is dismissed by Bayhaqi and Dhahabi as majhul (unknown), while Abu Zur’ah deems him passable. Ibn al-Jawzi and Mundhiri see no reason to impugn his reliability, while from the opposite side Ibn Daqiq al-‘Id places the onus of demonstrating his reliability upon those who set store by his hadith. (al-Badr al-Munir 5:569)

2. THE HADITH OF AMR IBN SHU’AYB

The hadith in which RasuluLlah sallaLlahu `alayhi wasallam instructs two women (or a woman and her daughter) to give zakah on the bangles worn by them, is transmitted by ‘Amr ibn Shu’ayb, from his father, from his grandfather. The authenticity of this hadith has been questioned on several grounds:

Firstly, it is narrated from ‘Amr ibn Shu’ayb by two unreliable narrators: Ibn Lahi’ah, and al-Muthanna ibn al-Sabbah. Imam Tirmidhi dismissed the hadith on this basis. However, a third strand which Husayn ibn Dhakwan al-Mu’allim transmits from ‘Amr ibn Shu’ayb makes up for this deficiency.
Secondly, there is some ambiguity concerning the “grandfather” from whom ‘Amr ibn Shu’ayb transmits. It might either be his direct grandfather Muhammad, or his great-grandfather the Sahabi ‘Abdullah ibn ‘Amr. While there might have been a measure of hesitancy with some early hadith critics on the status of this isnad, it has generally come to be accepted among the muhaddithin.

RESOLVING CONTRADICTION

The attempt to reconcile the apparent contradiction between the ahadith on this issue has involved a number of approaches:

In one approach, which Imam Bayhaqi ascribes to a number of Shafi’i fuqaha, the ahadith that obligate payment of zakah on jewellery are placed within a time when the use of gold jewellery was prohibited. (al-Sunan al-Kubra 4:140) The hadith of Jabir would then date from a later period when gold jewellery came to be allowed.
Ibn Hajar al-Haytami alludes to the possibility that in the specific instances where RasuluLlah sallaLlahu `alayhi wasallam ordered the giving of zakah on gold jewellery, the obligation arose not out of the jewellery being gold per se, but rather because the pieces of jewellery involved were extravagant. (When a piece of jewellery is extravagantly large, even the Shafi’i madhhab that normally deems zakah on jewellery to be non-obligatory, makes zakah obligatory.) Ibn Hajar goes on to say that this possibility appears to be borne out by some versions of the hadith. (Tuhfat al-Muhtaj 3:271)
In a third approach the “zakah” on jewellery is interpreted, not as the normal 2.5%, but rather on the lending of it. Thus, someone who lends her jewellery to others for use has given the zakah of her jewellery. Bayhaqi narrates this approach from Ibn ‘Umar and Sa’id ibn al-Musayyab. (al-Sunan al-Kubra 4:140)

APPLYING QIYAS

In trying to ascertain the rule of zakah on gold jewellery through qiyas, there is more than one aspect to gold jewellery that might serve as the ‘illah, or ratio legis.

Should one focus on the substance of which the jewellery is made, i.e. gold specifically, one would come to the conclusion that zakah must be paid since the general rule is that zakah has to be paid on gold.

Alternatively, should one focus on the element of use (i.e. that the purpose of acquiring the jewellery is to use it and not hoard it), one finds a parallel with other forms of property which are acquired for use. The case of livestock acquired as beasts of burden and labour, in particular, presents an interesting parallel. Although there would normally be zakah on livestock, when they are kept for work, there is no zakah on them. A hadith to this effect has in fact been graded as authentic by experts such as Ibn al-Qattan and Ibn al-Mulaqqin. (al-Badr al-Munir 5:46 0ff)

CONCLUSION

The purpose of the above exposition was to convey an idea, not of which side holds the stronger proof, but rather of how commensurate and equally balanced the proof on either side is. It was on account of this factor that Imam Shafi’i himself said, “This is a matter on which I make istikharah (i.e. pray to Allah for guidance)”. His student Rabi’ states that he did in fact make istikharah on it. (Kitab al-Umm 2:107)

The view which eventually crystallised into the preferred position of the Shafi’i madhhab (as well as the Maliki and Hanbali madhhab) is that zakah is not payable on jewellery that is kept for use. However, there are a number of factors which add weight to the opposite position.

Firstly, in the final analysis the ahadith that obligate zakah on jewellery would appear to have the advantage, in the sense of technical authenticity, over the other ahadith.
Secondly, the attempts at reconciliation remain, by and large, possibilities.
And lastly, in matters of such commensurate ikhtilaf, erring on the side of caution is something which is strongly advised by the ‘ulama.

The case of zakah on jewellery is probably one of the most deserving instances of doing what the scholars call “avoiding khilaf”—a term used to described the practice whereby a follower of a particular madhhab adopts the view of another madhhab which happens to be stricter than his own madhhab on the particular point. This “avoidance of khilaf” is motivated by the consideration that the position of the other madhhab might in fact be the correct one. Leaving the bounds of one’s madhhab in order to practice upon the stricter view of another madhhab is not only permissible as Imam Taqi al-Din al-Subki states in Fatawa, but laudable as well.

Thus, should a conscientious Shafi’i decide to adopt the Hanafi madhhab’s perspective on this point, his decision would be most worthy of praise. This is what I would personally advise.

And Allah knows best.

Shaykh Taha Karaan

Dar Al-’Ulum Al-’Arabiyyah wal-Islamiyyah

[Addendum added September 5th 2010]

Is Qunut in Fajr Obligatory? What about behind a Hanafi Imam?

2010-08-29T19:47:58Z

Shafiifiqh.com has received many questions pertaining to the rulings of Qunut in Salatul-Fajr (the dawn prayer). In this question and answer fatwa with Shaykh Taha Karaan, he answers the following questions:

1) Is the Salah valid if one does not make qunut – in other words what is the mu’tamad hukm on the qunut?

2) Should the one making Salah make sajdatus sahu if he does not perform qunut?

3) What does one do behind a Hanafi Imam?

May Allah almighty bless Shaykh Taha for his time and efforts amin!

Question:

Is the Salah valid if one does not make qunut – in other words what is the mu’tamad hukm on the qunut?

Answer:

The qunut is regarded as a sunnah of the ab’ad type. What this means is that omitting it would not invalidate the salah, but its omission would be compensated for by making the sajdat al-sahw (the prostration of forgetfulness).

Question:

Should they make sajdatus sahu (the prostration of forgetfulness) if not performed.

Answer:

The general rule would be to make sajdat al-sawh on account of the omission of the qunut.

However, when following an imam who does not make the qunut (a Hanafi imam, for example), two questions arise:

Firstly, should one read the qunut on your own behind the imam?
Secondly, would sajdat al-sahw have to be made independently after the imam’s salam?

Should one read the qunut on your own behind the imam?

The position of our madhhab is that one may make the qunut on your own provided you are able to join the imam in his first sajdah. If reading the qunut would delay you to the point where you would only join the imam after he has completed his first sajdah, the qunut should be left out and one should rather join the imam. (Mughni al-Muhtaj 1:362)

When considering whether one would or would not manage to catch up with the imam in his first sajdah, it should not be imagined that the entire qunut has to be read, from Allahumma hdina fi man hadayt … up to the salawat. The rule about the qunut is that any du’a would suffice as qunut, even if it is as brief as Allahumma ghfir li (Oh Allah forgive me). Even a verse from the Qur’an containing du’a would suffice. (Tuhfat al-Muhtaj 2:65) Needless to say, a qunut as brief as this would definitely allow one to join the imam in his first sajdah.

Would sajdat al-sahw have to be made?

On this point the opinions of our fuqaha differ. The mu’tamad (relied upon) position of the madhhab is that whether one has managed to make a qunut on one’s own or not, sajdat al-sahw would still have to be made after the imam makes salam. (Mughni al-Muhtaj 1:362)

Opposed to the above mu’tamad position there are two alternative positions in the madhhab:

Ibn al-Muqri’ would appear to hold the view that where one has actually managed to make a qunut independently behind the imam, sajdat al-sahw need not be made. (Mughni al-Muhtaj 1:362)
Al-Qaffal al-Marwazi, al-Isnawi and al-Suyuti take the position that sajdat al-sahw does not need to be made at all on account of the omission of qunut behind a Hanafi imam, for example. (al-Ashbah wa l-Naza’ir p. 437) According to this view, a Shafi’i praying behind a Hanafi imam will omit the qunut along with the imam and will not make sajdat al-sahw when the imam makes salam.

Although these two views are not the mu’tamad positions of the madhhab, it would be perfectly valid, and even encouraged, for individuals to practice upon them.

And Allah Knows Best

Answered by Shaykh Taha Karaan

Dar Al-Ulum Al-Arabiyyah wal-Islamiyyah

Making up the Sunan Prayer of Fajr after Fajr

2010-08-28T18:31:29Z

Question:

Can I make up the Sunan of Fajr after fajr if I miss them, or can I offer sunnah after Sunrise?

Answer:

الحمد لله رب العالمين ، وصلى الله على سيدنا محمد وعلى آله وصحبه أجمعين، وبالله التوفيق

( وتكره الصلاة عند الاستواء ) وإن ضاق وقته ؛ لأنه يسع التحريم للنهي الصحيح عنه ( إلا يوم الجمعة ) ولو لمن لم يحضرها لحديث فيه لكن فيه مقال إلا أن يكون قد اعتضد ( وبعد ) أداء فعل ( الصبح حتى ) تطلع الشمس بخلافه قبل فعلها يجوز النفل مطلقا ومن طلوعها حتى ( ترتفع الشمس كرمح ) طوله نحو سبعة أذرع في رأي العين وإلا فالمسافة طويلة سواء أصلى الصبح أم لا ( و ) بعد أداء فعل ( العصر ) ولو لمن جمع تقديما ( حتى ) تصفر الشمس بخلافه قبل فعلها يجوز النفل مطلقا ومن الاصفرار حتى ( تغرب ) لمن صلى العصر ومن لم يصلها فالكراهة تتعلق بالفعل في وقتين وبالزمن في ثلاثة أوقات كما تقرر وهي للتحريم وقيل للتنزيه وعليهما لا تنعقد (تحفة المحتاج في شرح المنهاج)

Salah is prohibited in five conditions; three related to the times and two related to the actions:

1. At the time when the sun is at its zenith until it moves on except on Friday

2. After praying Fajr

3. From the time of sunrise until the sun is at a spear’s length

4. After praying ʿAsr

5. When the sun yellows before sunset until it has set.

In the above conditions, salah is unlawful and invalid. [Tuhfat al-Minhaj]

وتكره الصلاة عند الاستواء إلا يوم الجمعة، وبعد الصبح حتى ترتفع الشمس كرمح، والعصر حتى تغرب إلا لسبب كفائتة، (المنهاج للنووي)

Salah is hated at the time (that the sun is at its) zenith beside on Friday, after Subh till the sun rises to the amount of the length of one spear, and after Asr till the sun sets, except salah that has a particular reason such as make up salah… (al-Minhaj of Imam An-Nawawi)

وبين التفصيل الخطيب «… إلا صلاة لسبب غير متأخر عنها كفائتة لم يقصد تأخيرها إليه » (الإقناع للشربيني)

A detailed condition mentioned by al-Khatib , “… (salah that is prohibited at times mentioned above) except for a salah that has a particular reason which (the reason) should have preceded that salah, such as a make up salah, and one does not intentionally delay it to that particular time. [al-Iqna' of ash-Shirbini]

It is permissible at the above times to offer nonobligatory prayers that are performed for a particular reason, such as the funeral prayer, greeting the mosque, or the two rak`as that are sunna after ablution (wudu); and it is also permissible to make up missed prayers; though one may not perform the two rak`as that are sunna before entering the state of pilgrim sanctity (ihram).

It is not offensive to pray within the Meccan Sacred Precinct (Haram) at any time. Nor is it offensive to pray when the sun is at its zenith on Fridays (N: whether in the Sacred Precinct or elsewhere). (The Reliance of the Traveller)

يجوز له أن يقضي سنة الصبح بعد صلاة الصبح أو بعد طلوع الشمس.

In reference to the question; it is permissible for a person to make up his Fajr’s sunnat after Fajr’s salah or after sunrise.

والله تعالى أعلم

Allah Most High knows best.

Answered by:

Sidi Abdullah Muhammad al-Marbuqi al-Shafi‘i

Checked by:

Al-Ustadh Muhammad Isa bin Jaizah al-Shafi’i