Jurisprudential Elaboration on the Ruling of Combining Maghrib and Isha Prayers During

Summer in Britain.

By Prof. Dr. Mohammed Ali Baleoo.

All praise is due to Allah alone, and may peace and blessings be upon the one after
whom there is no prophet, and so forth.

Discussing this issue is not new; in fact, the jurisprudential debate started in the mid-
1970s. The presence of Islam in the West, the constraints Muslims face, and the living
and educational conditions for Muslims impose themselves on people and on life. This
requires scholars and fatwa councils to find practical solutions for the Muslim minority
that align with the purposes of Islamic legislation and conform to the principles of
Islamic jurisprudence.

Without a doubt, Allah has made prayer obligatory and has established specific times
for it. Allah says in the Quran: {Indeed, prayer has been decreed upon the believers a
decree of specified times} (An-Nisa 4:103). However, these specified times have been
established through the Prophet's (PBUH) practical Sunnah and have been transmitted
among Muslims throughout the East and West, with slight variations between
jurisprudential schools, which is covered by evidence and falls under the circle of
permissible differences. Every prayer from the five daily prayers has its specific time,
which it is not permissible to perform before, and it is not allowed to delay it unless
there is an excuse.

Before establishing the foundations of this issue, it's important to highlight key points
that have led some people to extreme or lax approaches, whether intentionally or
unintentionally:

1. If the issue is a matter of jurisprudential discretion (ijtihad), and the

disagreement on it is permissible, then it is a mistake to assert the correctness of a
specific opinion as if the truth is limited to one perspective and no other.

2. Worse still is approaching issues of jurisprudential discretion from a perspective

of right and wrong, or truth and falsehood, as the scope of investigation in issues of
ijtihad is based on the principle of error and correctness, or correctness and more
correctness.

3. The default is that disagreements among scholars should be based on principles

of respect, reverence, and veneration, without belittling or denigrating, and far from
vulgarity and indecent speech. It is unfortunate to see verbal clashes between mosque
imams and their followers due to fanaticism for one opinion or another, or adherence to
one school over others. This is nothing but a deviation from the Prophetic method, an
extremism in disagreement, and poor conduct and manners.
 If we understand these foundations, then the elements for establishing the ruling are as
follows:

• The ease of our honorable religion lies in its consideration of people's conditions
and circumstances. Allah has legislated the combining of two prayers within a shared
timeframe: Dhuhr and Asr, as well as Maghrib and Isha, either by bringing them forward
or delaying them. Scholars have mentioned reasons for this, including travel, as has
been authentically reported from the Prophet ‫ﷺ‬, and also rain, mud, and by extension,
strong winds, heavy snow, or other such reasons.

• There is no doubt that Allah has linked prayer to its causes, from the break of
dawn, to noon, from the yellowing of the sun to sunset, and from there to the
disappearance of the red twilight, which Allah has established as the cause for the entry
of Isha prayer time. There is a scholarly difference of opinion about when the Isha prayer
time begins and ends.

• If the disappearance of the red twilight is the cause for the entry of Isha prayer
time, then this sign does not occur in Britain, and in most of northern Europe. The
astronomical instability of the sign begins around May 13-16, with the sign completely
disappearing on May 17 in Britain and some northern European countries, continuing
until around August 10-15.

• If the religious sign, which Allah made the cause for the entry of Isha prayer time,
does not appear in Britain, then the default is to estimate the time for performing the
Isha prayer. The evidence for this is what is reported in Sahih Muslim, when the
companions asked the Prophet ‫ ﷺ‬about the day that would be like a year, and how they
would perform its prayers. The Prophet ‫ ﷺ‬said: "Estimate its time." (Sahih Muslim).

• If the reference in the absence of the religious sign is to estimate the prayer time,
and all estimation is based on ijtihad, then there is no ijtihad more valid than another.

Based on the above, what seems most likely in this matter is the permissibility of
combining Maghrib and Isha during the entire period when the religious sign is absent,
for the following reasons:

• The Practical Sunnah: Among the reasons for combining that jurists have
mentioned and varied in their understanding is combining out of necessity. It is reported
in the authentic tradition from Ibn Abbas - may Allah be pleased with both of them - that
he said, "The Prophet ‫ ﷺ‬prayed Dhuhr and Asr together, and Maghrib and Isha together,
without fear or travel."

• In another narration, "The Prophet ‫ ﷺ‬combined Dhuhr and Asr, and Maghrib and
Isha in Medina, without fear or rain." Ibn Abbas was asked, "Why did he do that?" He
replied, "So as not to burden his Ummah."
• In the narration of Abdullah ibn Shuqayq, he said, "One day, Ibn Abbas delivered
a sermon after Asr until the sun set, and stars appeared. People were saying, 'Prayer,
prayer!' A man from Banu Tamim kept repeating 'Prayer, prayer!' without stopping. Ibn
Abbas replied, 'Are you teaching me about the Sunnah? May your mother lose you!' Then
he said, 'I saw the Prophet ‫ ﷺ‬combine Dhuhr and Asr, and Maghrib and Isha.' Abdullah
ibn Shuqayq remarked that he had doubts about it, so he asked Abu Huraira, who
confirmed Ibn Abbas's statement.

• The saying of Ibn Abbas: "He did not want to burden his Ummah" explains the
reason for combining and the wisdom behind it. There's no doubt that long days and
short nights in summer create a significant burden and unusual hardship, as Maghrib
prayer may occur around 10:00 PM and Fajr at about 2:30 AM.

Al-Hafiz Ibn Hajar said, "A group of imams took the literal meaning of this hadith and
allowed combining in non-travel situations when necessary, provided that it is not taken
as a habit. Those who mentioned this include Ibn Sirin, Rabi'ah, Ashhab, Ibn al-Mundhir,
and al-Qaffal al-Kabir. This was cited by al-Khattabi from a group of hadith scholars.
They also based their evidence on a narration by Sa'id ibn Jubayr, where he asked Ibn
Abbas, 'Why did he do that?' He replied, 'He did not want to burden anyone in his
Ummah.'" Fath al-Bari, 2/24.

• Ijtihad of Previous Ulema: As mentioned this is not a new issue and has been
mentioned by Imām Ibn ʿĀbidīn when speaking of a place called Bulghār, which is
located at 54° latitude where the ʿIshā sign does not occur for several months of the
year. Below are just 3 examples of several positions taken by the Hanafi ulema to this
matter:

1. declaring that there was no Isha prayer due to the absence of the sabab.

2. That the Isha prayer was prayed as Qada for the Isha of previous night,

3. Isha prayer is to be calculated based on countries that did have the sign of Isha.

This clearly shows a wide range of positions in resolving this issue. Combing a possible
option available and even if people disagree, this is a matter of ijtihad where people
inevitably will disagree.

• Logical Interpretation of the Text: There's no doubt that combining serves the
objectives of the Sharia in providing ease and removing burden. Long days and short
nights make it challenging for people to stay up until midnight, especially given early
school and work schedules, necessitating early bedtime for people to attend their work,
schools, or universities the following morning.

• Jurisprudence of the Reality: Another aspect to consider is that most mosques in

Britain are located in residential neighborhoods among populated houses. If the Isha
prayer is delayed, or if the time is estimated based on the 45-degree angle, this would
cause noise disturbances for the neighbors, portraying mosques to non-Muslims as
places of chaos and disturbance. Thus, the opinion favoring the combining of Maghrib
and Isha seems more suitable, as it aligns with the purposes of Sharia.

The same logic applies to combining Dhuhr and Asr in winter, due to very short days and
the inability to have two separate breaks during work. In the height of winter, daytime in
Britain is extremely short; people leave for work before dawn and return after Isha. The
interval between Dhuhr and Asr during peak winter is around an hour and a half. The
better approach in this situation would be "apparent combining," where the first prayer
is delayed to its end, and the second prayer is performed at its beginning. This allows
the person to pray each prayer in its designated time, a permissible approach among
the Malikis and others.

In conclusion, it's important to remember that the situation for Muslims in Britain differs
from those in Arab countries. The difficulty in performing every prayer at its specific time
for workers in institutions or students in schools creates significant hardship and
inconvenience beyond usual levels. Allah has lifted hardship from this Ummah,
legislated ease, and instructed us to follow it. Most importantly, societal fatwas are
based on public needs. An individual may opt for stricter adherence for themselves, but
they should not impose it on others. Harm must be removed, and hardship leads to
ease. And Allah knows best.

Praise be to Allah, at the beginning and the end.

Tuesday, Birmingham: 14 Shawwal 1445 AH / 23 April 2024.