Prison, Prayer and Ramadan: How Do Inmates Manage?
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Prison, Prayer and Ramadan: How Do Inmates Manage?

Questioner

Hisham

Reply Date

May 21, 2019

Question

Respected scholars, as-salamu `alaykum. How can a person who is jailed in an underground room pray, while he is chained, heedless of Prayer times, and does not know that Ramadan has started?

Mufti

Answer


Prison, Prayer and Ramadan: How Do Inmates Manage?

Wa`alaykum as-salamu wa rahmatullahi wa barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.


In this fatwa:

1- Knowing that the time of worship has started is a prerequisite for the validity of the acts of worship. This is the basic rule. However, sometimes a person is locked up in a place where he cannot distinguish day from night.

2-  A Muslim who happens to be in this situation still has to perform the obligatory acts of worship as far as he can. He has to exert some kind of ijtihad (personal reasoning) according to the means available to him.


Answering this question, Sheikh Muhammad Saleh Al-Munajjid, a well-known Saudi lecturer and author, states:

First, we ask Allah to grant all Muslim prisoners a rapid release, to grant them patience and consolation out of His bounty, to fill their hearts with peace and certainty of faith, and to make easy for the Muslims a way of guidance whereby His close friends will be honored and His enemies will be humiliated.

Second, the scholars have determined that prayer and fasting are not waived for prisoners and detainees. They have to try their best to work out the right times.

If a prisoner thinks it most likely that the time for Prayer has come, he should pray, and if he thinks it most likely that Ramadan has come, he should fast. He can work out the times by noting the times when food is served to him, or by asking the guards and so on.

If he tries to work out the right time for praying and fasting, his worship will be valid and acceptable, whether he finds out later on that he did it at the right time, or after it, or he does not find out anything, because Allah says, “Allah burdens not a person beyond his scope.” (Al-Baqarah 2:286)

“Allah puts no burden on any person beyond what He has given him.” (At-Talaq 65:7)

However, if he finds out that he fasted on the days of Eid, he should make them up, because fasting on the days of Eid is not valid.

If he finds out later on that he prayed or fasted before the proper time, then he has to repeat the fast or Prayer.

In Al-Mawsuah Al-Fiqhiyyah (28:84-85) it is said,

“The majority of Muslim jurists are of the view that if the months all seem to be the same to a person, the fast of Ramadan is not waived in his case, rather it is still obligatory because he remains accountable and the ruling still applies to him.

If he tries to work it out and fasts, one of the following five scenarios must apply to him:

1 – The problem continues and he cannot find out, so he does not know whether he managed to fast in Ramadan or before it or after it. In this case his fast is valid and he does not have to repeat it, because he did his best, and he is not required to do anything more.

2 – The fast of the prisoner coincided with Ramadan, so it is considered valid.

3 – If his fast happened to be after Ramadan, that is also considered valid according to the majority of jurists.

4 – With the fourth scenario there are two possibilities:

(i) If he started fasting before Ramadan, and he finds out about that before Ramadan comes, then he must fast when Ramadan comes, and there is no difference of opinion among the scholars concerning that.

(ii) If he started fasting before Ramadan and he did not find out about that until Ramadan had finished, there are two opinions as to whether this is acceptable or not:

(a) It is not acceptable for Ramadan, rather he has to make it up. This is the view of the Malikis and Hanbalis.

(b)  It is acceptable for Ramadan, just as if the pilgrims are uncertain of the day of `Arafah and they observe the standing before the day. This is the view of some of the Shafi`is.

5 – If the fast of the prisoner coincides with one part of Ramadan and not with the other; that which coincides with Ramadan or comes after it is acceptable, and that which comes before it is not acceptable.” See Al-Majmu (3:72-73) and aMughni (3:96)

Allah Almighty knows best.

Editor’s note: This fatwa is from Ask the Scholar’s archive and was originally published at an earlier date.




About Sheikh Muhammad Saleh Al-Munajjid

ًA well-known Saudi lecturer and author

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