Question
If there are 40 Muslim inmates in a prison, will Jumuah Salaat for them be valid according to the Shaafi' Math-hab? Since the prison is their Watan Iqaamah, they are muqeem, hence Jumuah would be valid for them.
Answer
Inmates in a prison while 'Muqeem' (res ident) are not 'Mustawtin' (one who is a permanent/ settled dweller of a place). If there are 40 tent-dwellers in the wilderness who are staying at a particular place in the wilderness for a couple of months, then too, Jumuah is not valid for them according to all Four Math-habs. In terms of the Shaafi' Math-hab, the condition of Mustawtin is lacking, hence Jumuah will not be valid for these 40 tent-dwellers.
Prison does not fulfil the condition of Istitaan. While a prison can be a Watan-e-Iqaamah, it is not one's permanent place of residence. Watan-e-Iqaamat (which is a temporary place of residence) negates Qasr Salaat, but does not satisfy the condition of Istitaan (permanent residency).
While Jumuah of prisoners will be permissible and valid if they are allowed to perform outside prison, inside prison it is not valid.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 21 No 01
- PDF page
- 2
Appears under Questions and Answers (approximate).