Question Three:

In a discussion with someone, who prays (salah) at the required times, but does not pray Salaatul Jumaah (Friday prayer) with people, rather prays it as duhr (noon prayer). So when I refused this, he said that the presence of the Khaleefah is a condition for the validity of the Salaatul Jumaah (Friday prayer). Do any of the fiqh scholars hold this opinion? And what is the Hizb's opinion on this matter? JazakAllahu Khair (May Allah reward you)

Answer:

Salaatul Jumaah (Friday prayer) is a duty (fard) whether there is or is not a Khaleefah, and the evidences for this are well-known, and among them are:

Allah the Almighty says:

يَا أَيُّهَا الَّذِينَ آَمَنُوا إِذَا نُودِيَ لِلصَّلَاةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ ذَلِكُمْ خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ

"O you who have believed, when [the adhan] is called for the prayer on the day of Jumu'ah [Friday], then proceed to the remembrance of Allah and leave trade. That is better for you, if you only knew." [TMQ: 62:9]

And in his book al-Mastadrak (المستدركه), Al Hakim deducted from Abu Musa that the Prophet (saw) said: ‘الجمعة حق واجب على كل مسلم في جماعة إلا أربعة: عبد مملوك، أو امرأة، أو صبي، أو مريض' "Salaatul Jumaah in congregation is a duty (wajib) upon every Muslim except for four: a slave, a woman, the immature boy and the sick."

Al-Hakim said: "This hadith (narration) is Sahih according to the requirements of the two Sheikhs (Bukhari and Muslim), and we shall not omit it."  Likewise, Al Nisa'i deducted from Ibn Umar, from Hafsa, the Prophet's wife (saw) narrated that the Prophet (saw) said:

"رَوَاحُ الْجُمُعَةِ وَاجِبٌ عَلَى كُلِّ مُحْتَلِمٍ"

"Attending Jumaah is a duty (wajib) on every pubescent"

And these evidences are clear that it is not restricted to the Imam (the Khaleefah).

This is also the opinion of the followers of the three Madhahib (schools of thoughts) (Malik, Shafaii and Ibn Hanbal) but only the Ahnaf (followers of Abu Hanifa) stated Jumaah requirements are: The permission of the Sultan (the leader) himself, or his representative or his formal deputy representative, as this is how it was at the time of the Messenger of Allah (saw) and in the era of the rightly guided Khulafaa. This is how it was, if there was an imam or his deputy in the town during the time for Jumaah. If none of them were present, because of death or sedition or whatever resembles this, and the time for Jumaah entered, then people should gather around a man amongst them, to lead them in their Salaatul Jumaah.

The permission of the Sultan (leader) is an outweighed opinion with us, based on the aforementioned evidences.

In summary, Salaatul Jumaah is a duty (fard) whether a Khaleefah is present or not.