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Q892: Is Jumu'ah in University ok, even though there is no Izn ‘Aām?

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As Salaamu Alaikum
 
My question is regarding the Friday prayer, or Salaatul Jumm’ah. As far as I’m aware one of the conditions for a valid Jumm’ah prayer is that there should be izn-e-aam (open to all).
 
In the scenario of a University in my city, the Muslim Students Society is given a space for all of their prayers by the University. It is open for anybody to use for any salaah and has been used for many years by Muslim students and non students alike.
However since it is very busy at jumm’ah and after being approached by the University (who warned the Muslim Students Society that the space should only be used by students otherwise it would be taken away) they have had to start checking Student ID for every person who wants to enter for jumm’ah prayer. People who do not have student ID are turned away and directed to the nearest Masjid where they can pray their Jumm’ah salah. (The student jumm’ah prayer is earlier than in the masjid so people can make it on time to the masjid).
 
My question is, would jumm’ah prayer be valid in this case where only students with ID are allowed to enter the prayer space for the prayer and the prayer is not open to the entire public?
 
Jazakumullah
 
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Walaykumsalaam wa rahmatullahi wa barakatu
 
Hazrat Mufti Taqi Uthmani حفظه الله has written a detailed Fatwa regarding this subject. However it was written in Urdu, therefore I have taken most of the Fatwa and translated it to English. 
 
Your question is in regards the condition of Izn ‘Aām (general permission for people to attend). To fully understand this, we will first need to comprehend what is meant by Izn ‘Aām?
 
Inshallah, we will try to understand the true meaning of Izn ‘Aām and the reason this condition was actually put into effect.
 
Some ‘Ulamā are of the opinion that this condition was set because only one Jum’ah salāt would take place in the city.
The reason for the condition was so none would miss the Jum’ah prayer.
 
Therefore this group of ‘Ulamā decided that when multiple Jum’ah prayers started taking place within the city and there was no longer the fear of anyone missing Jum’ah, this condition was no longer needed.
 
          Thereafter, there are two factors to consider regarding Izn ‘Aām which should be considered:
 
 
1)     The condition of Izn ‘Aām is not mentioned in the Zāhir ar-Riwāya (the six mainstream books in the Hanafī Madhab).
 
 
 ‘Allāmah Kāsāni  رحمه الله mentions in his famous work, Badāi’i as-Sanai’:
 
ﻭﺫﻛﺮ ﻓﻲ اﻟﻨﻮاﺩﺭ ﺷﺮﻃﺎ ﺁﺧﺮ ﻟﻢ ﻳﺬﻛﺮﻩ ﻓﻲ ﻇﺎﻫﺮ اﻟﺮﻭاﻳﺔ ﻭﻫﻮ ﺃﺩاء اﻟﺠﻤﻌﺔ ﺑﻄﺮﻳﻖ اﻻﺷﺘﻬﺎﺭ ﺣﺘﻰ ﺇﻥ ﺃﻣﻴﺮا ﻟﻮ ﺟﻤﻊ ﺟﻴﺸﻪ ﻓﻲ اﻟﺤﺼﻦ ﻭﺃﻏﻠﻖ اﻷﺑﻮاﺏ ﻭﺻﻠﻰ ﺑﻬﻢ اﻟﺠﻤﻌﺔ ﻻ ﺗﺠﺰﺋﻬﻢ ﻛﺬا ﺫﻛﺮ ﻓﻲ اﻟﻨﻮاﺩﺭ.
بدائع الصنائع (269 V.1)
Another condition is mentioned in Al-Nawādir which is not mentioned in the Zāhir ar-Riwāya. The condition is that Jum’ah must be performed publicly, to the extent that even if the Amīr (leader) gathers his army in a fortress and locks the doors then performs Jum’ah with them, it would not suffice for them.
 
2)     The Fuqahā who have mentioned this condition have differed with regards to its exact definition:
 
·        Some have defined it as such: that every person upon whom Jum’ah is compulsory, it is necessary for him to have access to that place where the Juma’h prayer is taking place.
 
)ﻗﻮﻟﻪ اﻹﺫﻥ اﻟﻌﺎﻡ( ﺃﻱ ﺃﻥ ﻳﺄﺫﻥ ﻟﻠﻨﺎﺱ ﺇﺫﻧﺎ ﻋﺎﻣﺎ ﺑﺄﻥ ﻻ ﻳﻤﻨﻊ ﺃﺣﺪا ﻣﻤﻦ ﺗﺼﺢ ﻣﻨﻪ الجمعة ﻋﻦ ﺩﺧﻮﻝ اﻟﻤﻮﺿﻊ اﻟﺬﻱ ﺗﺼﻠﻰ ﻓﻴﻪ ﻭﻫﺬا ﻣﺮاﺩ ﻣﻦ ﻓﺴﺮ اﻹﺫﻥ اﻟﻌﺎﻡ ﺑﺎﻻﺷﺘﻬﺎﺭ، ﻭﻛﺬا ﻓﻲ اﻟﺒﺮﺟﻨﺪﻱ ﺇﺳﻤﺎﻋﻴﻞ ﻭﺇﻧﻤﺎ ﻛﺎﻥ ﻫﺬا ﺷﺮﻃﺎ ﻷﻥ اﻟﻠﻪ – ﺗﻌﺎﻟﻰ – ﺷﺮﻉ اﻟﻨﺪاء ﻟﺼﻼﺓ اﻟﺠﻤﻌﺔ ﺑﻘﻮﻟﻪ {ﻓﺎﺳﻌﻮا ﺇﻟﻰ ﺫﻛﺮ اﻟﻠﻪ{         
 
·        However others, such as Allāmah Haskafī رحمه الله mentions in Durr al-Mukhtār:

ﻓﻼ ﻳﻀﺮ ﻏﻠﻖ ﺑﺎﺏ اﻟﻘﻠﻌﺔ ﻟﻌﺪﻭ ﺃﻭ ﻟﻌﺎﺩﺓ ﻗﺪﻳﻤﺔ ﻷﻥ اﻹﺫﻥ اﻟﻌﺎﻡ ﻣﻘﺮﺭ ﻷﻫﻠﻪ ﻭﻏﻠﻘﻪ ﻟﻤﻨﻊ اﻟﻌﺪﻭ ﻻ اﻟﻤﺼﻠﻲ، ﻧﻌﻢ ﻟﻮ ﻟﻢ ﻳﻐﻠﻖ ﻟﻜﺎﻥ ﺃﺣﺴﻦ ﻛﻤﺎ ﻓﻲ ﻣﺠﻤﻊ اﻷﻧﻬﺮ

There is no harm in locking the door of a fortress for protection from an enemy or due to it being an old practice (custom) because Izn ‘Aām is established for its inhabitants, and locking the gates is to prevent the enemies from entering, not for preventing Musallees (those who want to perform Salaah). Yes, if they didn’t lock the gates it would be better as it is mentioned in Majma’ul Anhur.

In Majma’ul Anhur it is mentioned:

ﻭﻣﺎ ﻳﻘﻊ ﻓﻲ ﺑﻌﺾ اﻟﻘﻼﻉ ﻣﻦ ﻏﻠﻖ ﺃﺑﻮاﺑﻪ ﺧﻮﻓﺎ ﻣﻦ اﻷﻋﺪاء ﺃﻭ ﻛﺎﻧﺖ ﻟﻪ ﻋﺎﺩﺓ ﻗﺪﻳﻤﺔ ﻋﻨﺪ ﺣﻀﻮﺭ اﻟﻮﻗﺖ ﻓﻼ ﺑﺄﺱ ﺑﻪ ﻷﻥ ﺇﺫﻥ اﻟﻌﺎﻡ ﻣﻘﺮﺭ ﻷﻫﻠﻪ ﻭﻟﻜﻦ ﻟﻮ ﻟﻢ ﻳﻜﻦ ﻟﻜﺎﻥ ﺃﺣﺴﻦ ﻛﻤﺎ ﻓﻲ ﺷﺮﺡ ﻋﻴﻮﻥ اﻟﻤﺬاﻫﺐ ﻭﻓﻲ اﻟﺒﺤﺮ ﻭاﻟﻤﻨﺢ ﺧﻼﻓﻪ ﻟﻜﻦ ﻣﺎ ﻗﺮﺭﻧﺎﻩ ﺃﻭﻟﻰ ﻷﻥ اﻹﺫﻥ اﻟﻌﺎﻡ ﻳﺤﺼﻞ ﺑﻔﺘﺢ ﺑﺎﺏ اﻟﺠﺎﻣﻊ ﻭﻋﺪﻡ اﻟﻤﻨﻊ ﻭﻻ ﻣﺪﺧﻞ ﻓﻲ ﻏﻠﻖ ﺑﺎﺏ اﻟﻘﻠﻌﺔ ﻭﻓﺘﺤﻪ ﻭﻷﻥ ﻏﻠﻖ ﺑﺎﺑﻬﺎ ﻟﻤﻨﻊ اﻟﻌﺪﻭ ﻻ ﻟﻤﻨﻊ ﻏﻴﺮﻩ ﺗﺪﺑﺮ

That which takes place in some fortresses i.e. locking its doors due to fear of the enemy or due to it being an old practice when the time comes, then there is no harm in doing this. Because because Izn ‘Aām is established for its inhabitants. However, if this is not done, then it is better as it is mentioned in Sharh ‘Uyoon al-Madhāhib. In Bahr (Al Bahr ar-Rāiq) and Minh a different opinion is mentioned. However, that which we have mentioned first is the more preferred opinion.

Conclusion

·        If there is a town or city in which the ruler only gives permission to perform Jum’ah in only one place, then in order for Jum’ah to be valid it is necessary that every person upon whom Jum’ah is compulsory be allowed to enter the place where the prayer is taking place. Without general permission to enter, Jum’ah prayer will not be valid.

·        In the same way if someone has their own house, Palace, or shop, it will not be permissible to perform Jum’ah there until (Izn ‘Aām) general permission for all to enter is given.

·        If there is a populated area in which there are sufficient amount of people living and it is also located within the city, however due to management, organization, or safety reasons, entering is only allowed if you comply with certain rules, then these people will be allowed to perform Jum’ah in these premises. For example: in a big jail, a military/army compound, a big factory, a big airport which is situated within the city in which there are a lot of people all the time however there entering is restricted. In all these places Jum’ah will be permissible with the condition that it is performed inside the city and all the people situated within the area have permission to enter.

 

Taking into consideration the above Fatwa, it will be permissible for you to read Jum’ah in your university. Checking the ID’s will be considered to be carried out due to safety reasons. 

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