Chapter 69

Furthermore, the legitimacy of using such weapons does not imply that the principle from which this legitimacy is derived prioritizes material interests and manifestations of civilization over the value of life and humanity. Such a perspective may be common among adherents of other non-Islamic principles and civilizations. In the Islamic principle, however, the legitimacy of using such weapons signifies a diversification of options to apply maximum pressure on the enemy, compelling them to surrender in the shortest possible time without prolonging the war. It also serves as a form of deterrence that prevents the enemy from even contemplating aggression. ¶

Moreover, the jurists (fuqaha) have noted a preference for avoiding the use of destructive and ruinous weapons in enemy lands when it is highly probable that these lands will come under Muslim rule, even if the inhabitants remain in their original religion. ¶

Finally, as we stated in the previous section, the decision-maker regarding the use of these dangerous weapons must not act with haste. Recourse to them should only be based on a prevailing interest (maslaha rajihah), in accordance with the Shariah legal maxim: 'The action of the Imam is conditional upon [the public] interest,' as previously explained. ¶

With this, we conclude the discussion of this section, and with its end, we reach the conclusion of our research on weapons of mass destruction. We now proceed, with the help of God, to the subsequent topic. ¶

Now it has become perfectly clear that the blessed mission of the Prophet (ﷺ) and his sacred appearance are a complete manifestation of mercy for all the worlds. His arrival into this world, his preaching, his guidance, his presenting himself as a model of noble character, his departure from this world, and even the persistence of his system of guidance after him until the Day of Judgment—all of this is a manifestation of the status of being a 'Mercy to the Worlds' (Rahmat al-lil-'Alamin). Once it is established that all the requirements of his mission fall under the umbrella of 'Mercy to the Worlds,' there remains no room to deny the reality that his blessed mission is, in its entirety, mercy for all the worlds. Now, there is a need for us to examine our lives and see whether we have attained any share of this 'Mercy to the Worlds' in our own lives. Have the same noble character traits that were the hallmark of his Prophetic example (Uswah Hasanah) developed in us? Do our hearts harbor the same sympathy and compassion for humanity that surged in his blessed heart for the entire universe? If the answer is 'yes,' then we are fortunate; but if the answer is 'no,' then we are in dire need of changing ourselves and molding our character into the mold of his noble example. ¶

Third Topic: On the Practices of Combatants and the Stance of Shariah Ijtihad (Legal Reasoning) Regarding Them. ¶

Introduction: In this topic, we will discuss the activities and actions performed by combatants during war, whether they are collective or individual practices. This includes actions related to warfare, such as kidnapping individuals from the enemy, conducting martyrdom or suicide operations, or actions that have no direct relation to warfare except for their occurrence during wartime or as a result of the war. As is evident, this is a broad subject under which many matters and practices can fall. However, by opening this wide umbrella in an independent and loose study, we do not intend to address every issue or combat practice that might fall under it. Rather, our goal is to isolate certain significant issues from the context of their original topics and present them as independent sections in this study, with the intent of highlighting them and shedding light on them due to their special importance, their controversial nature, or because they are common behaviors that must be subjected to Shariah Ijtihad to determine the rulings applicable to them. ¶

Accordingly, we have divided this study into 'sections' according to the number of issues we have chosen to address within its framework, as follows: ¶

1. First Section: Delaying prayers from their designated times due to war. 2. Second Section: Kidnapping and taking hostages. 3. Third Section: Suicide or martyrdom operations. 4. Fourth Section: Violation of honor (and the concept of permitting the enemy's life, honor, and property). ¶

In the name of Allah, the Most Gracious, the Most Merciful. All praise is due to Allah, Lord of the Worlds, and peace and blessings be upon our master Muhammad, the Seal of the Prophets, and upon his family and all his companions, and those who follow them in righteousness until the Day of Judgment. ¶

To proceed: This is a concise summary regarding the rulings of Hajj and Umrah, which I have compiled to serve as a reminder for the pilgrim (Haji) and the performer of Umrah in preparing for their worship. I have relied therein upon that which is authentic from the Prophet ﷺ and upon the legal rulings (fatawa) of our eminent scholars, may Allah have mercy upon them. ¶

There is no doubt that Hajj is one of the pillars of Islam and a magnificent rite. It is incumbent upon the Muslim to acquire an understanding (fiqh) of it before embarking upon it, so that they may perform it in a correct manner, in accordance with the purified Shariah. ¶

We ask Allah, the Most High, the All-Powerful, to grant us sincerity in speech and action, and to make this work purely for His Noble Countenance and beneficial to His servants. ¶

And Allah is the Granter of success and the Guide to the straight path. ¶

Section One ¶

Delaying Prayers from their Times due to War ¶

Books of Fiqh (Islamic jurisprudence) discuss how obligatory prayers are to be performed in a state of fear of the enemy, which is referred to as Salat al-Khawf (Prayer of Fear) or the Prayer of Intense Fear. The purpose here is not to examine this issue in detail, but rather to determine whether the commanders of an Islamic army are permitted to order their soldiers, in a state of war, to delay the obligatory prayers from their prescribed Shariah times until after the war has concluded. Is such an action permissible under Shariah? Is it permissible for individual soldiers to delay their prayers from their designated times citing engagement in war, even if no specific orders were issued to them in this regard? Or is it mandatory to perform these prayers within their specified times as far as possible, even if by gestures and signs, whether the person praying is flying in the air, diving in the sea, walking on foot on land, or positioned inside their war machine, driving it, and fighting with it? This is the subject of the section before us, the treatment of which we will summarize in two points: 1. The first point: The jurisprudential opinions on this issue, along with the evidence. 2. The second point: The opinion we favor regarding this issue. ¶

First Point: The jurisprudential opinions on this issue, along with the evidence. 1. The opinion of the Hanafis and some other jurists: The Hanafis state that performing the obligatory prayer while engaged in acts of war, such as walking, striking, and the like—what is called Salat al-Khawf—is considered an invalid prayer. Consequently, if the combatants are compelled to occupy their time with war activities, they must delay the obligatory prayer. ¶

From that time until the conclusion of the war... this is the position stated by the Hanafis in their books, and it is what has been narrated from them in the books of other schools of jurisprudence (madhahib). ¶

- In the books of the Hanafis, it is stated in 'Al-Bidayah wa al-Hidayah': 'They shall not pray while fighting. If they were to do so, their prayer would be void, because the Prophet ﷺ was preoccupied from four prayers on the day of the Trench (Khandaq). If it were permissible during combat, he would not have missed them.' ¶

- In 'Al-Siyar al-Kabir' and its commentary, it is also stated: 'The prayer of fear (salat al-khawf) is only performed when they are standing against the enemy. As for the state of sword-fighting (musayafah), spearing (muta'anah), and archery, prayer cannot be properly performed therein because this constitutes [intense] action, and prayer is not valid while occupied with an act that is not part of it. Rather, they should delay the prayer until they are finished with that; because what they miss of the prayer can be made up afterward, whereas the loss incurred by occupying oneself with prayer and ceasing combat in such a situation cannot be made up. The basis for this is the hadith of Abu Sa’id al-Khudri who said: "We were detained on the day of the Trench from the prayer until a portion of the night had passed..." It then states: "In this is proof of the permissibility of delaying the prayer due to the preoccupation of combat." ¶

It is stated in 'Al-Mughni', from the Hanbali books: 'Abu Hanifa and Ibn Abi Layla said: Prayer is not to be performed during active sword fighting (al-musayafa) nor while walking; because the Prophet (peace be upon him) did not pray on the day of the Trench (al-Khandaq) and delayed the prayer.' ¶

It is stated in 'Al-Majmu'' by Al-Nawawi, from the Shafi'i books: 'Regarding the doctrines of the scholars on prayer during extreme fear: it is permissible by consensus, except for what Sheikh Abu Hamid narrated from some people that it is not permissible. Rather, it is mandatory to delay the prayer until the fear subsides, as the Prophet (peace be upon him) did on the day of the Trench.' ¶

In summary, this is the opinion of the Hanafis and some jurists regarding the issue of delaying prayers from their prescribed times if combatants are forced to do so due to the preoccupation of time with acts of war. Their evidence is the Prophet’s (peace be upon him) delay of the obligatory prayers during the days of the Trench until he was able to perform them. ¶

2 - The Majority Opinion: The majority of jurists—the Malikis, Shafi'is, and Hanbalis—hold the view that it is not permissible to delay prayers from their prescribed times due to engagement in war. Rather, they must be performed on time to the best of one’s ability, even while walking, running, riding, or striking the enemy. The worshiper performs ruku and sujud by gesture, and facing the Qibla is not a condition if it is not possible. The Malikis also permitted talking during it, as is needed in war, such as giving orders, prohibitions, and warnings. ¶

In this regard, it is stated by the Malikis: 'At the time of sword fighting or the onset of war, the prayer is delayed until there is a fear of its time expiring, then it is prayed as possible—walking, riding, or running—by gesture.' ¶

with ruku' (bowing) and sujud (prostration), facing the qibla or otherwise, and that which is necessary of speech and action shall not be prohibited.” (1) - The Shafi'is stated similarly, except regarding the permissibility of speech, as there is no need for it. They explicitly stated the prohibition of delaying prayer beyond its time. It is stated in Al-Majmu' by Al-Nawawi in this regard: “It is mandatory to perform the prayer of intense fear, whether the battle is engaged or not. It is not permissible to delay it beyond its time. This is our school of thought and the school of the majority.” (2) - The Hanbalis held a similar view to the Shafi'is on this issue (3), although there is another narration among them that allows the delay of prayer during active combat. (4) - Ibn Hazm said regarding the prayer of fear: “As for delaying it beyond its time, it is not permissible at all; because neither Allah Almighty nor His Messenger (peace be upon him) granted permission to delay it. Allah Almighty said: 'And if you fear, then [pray] on foot or riding' (5). This is what is said regarding the position of the majority on this issue. Now, it is necessary to know the following: First Point: The evidence of the majority regarding the validity of prayer while walking, riding, fighting, sufficeing with gestures and signs, and facing any direction as possible. Second Point: The response of the majority to the evidence of the Hanafis regarding delaying prayer from its times due to being occupied with war. - As for the first point: Sharia texts have been narrated regarding the concession to omit some pillars of prayer during battle, and other pillars that one is compelled to omit are analogized upon them. Allah Almighty says regarding prayer in a state of intense fear: 'And if you fear, then [pray] on foot or riding. But when you are secure, then remember Allah [in prayer] as He has taught you that which you did not [previously] know.' (6) ¶

It is stated in Tafsir al-Tabari: "If you fear an enemy, O people! fearing for your own lives as you encounter them, that you might not be able to stand on your feet upon the ground, devoutly obedient (qanitin) to Allah(1), then pray while on foot, as you are in your war, combat, and jihad against your enemy, or while mounted on your riding beasts; for that suffices you in such a state instead of standing in devotion (qanitin)."(3) ¶

This is what al-Tabari said. Similar sentiments are found in al-Alusi's (Ruh al-Ma'ani). Although al-Alusi belongs to the Hanafi school, he inclined in his exegesis of this verse toward supporting the opinion of the Shafi'is and the majority of scholars on this issue. He wrote: "Al-Shafi'i, may Allah be pleased with him, deduced from the literal meaning of the verse the obligation of performing Salah during direct combat (musayafa) if standing is not possible. Our Imam [i.e., Abu Hanifa] held the view that walking, as well as fighting, invalidates it. If the matter reaches such a point, one should delay it and perform it once in a state of security." He then adds: "And you know—if you are fair—that the literal meaning of the verse is explicit in favor of the Shafi'is!"(4) That is, in favor of the opinion that Salah is valid during combat, even with the necessity of omitting some pillars and performing certain actions necessitated by the exigencies of war. ¶

Furthermore, what indicates that the verse in question specifically concerns Salah during intense fear is what is narrated in Sunan Ibn Majah: "From Ibn Umar, who said: The Messenger of Allah (ﷺ) said, regarding the prayer of fear... the Hadith, until the Prophet (ﷺ) said: 'If the fear is more intense than that, then [pray] on foot or while mounted.'"(5) Meaning: They should pray during intense fear while walking or riding. ¶

There is also a report in Al-Bukhari for this Hadith, also narrated by (Ibn Umar) from the Prophet (ﷺ). ¶

He (the Prophet ﷺ) said: 'If they are more than that, let them pray standing or riding.' - In another narration by Al-Bukhari, from Ibn Umar, it is similarly stated: 'If the fear is more intense than that, they should pray on foot, standing on their feet, or riding, whether facing the Qiblah or not. Malik said: I do not believe Abdullah ibn Umar mentioned this except from the Messenger of Allah ﷺ.' - In Sahih Ibn Khuzaymah, this hadith is reported with certainty as being raised (marfu') to the Prophet ﷺ as follows: 'Nafi' said: Indeed, Ibn Umar narrated this from the Messenger of Allah ﷺ.' - It is stated in Fath al-Bari: 'The meaning is that when the fear is extreme and the enemy is numerous, such that there is a fear of division [i.e., into two groups, one guarding and one praying or following the Imam], then performing prayer as possible becomes permissible. It is permissible to forgo the requirements of the pillars (arkan) that cannot be fulfilled. Thus, one may shift from standing to bowing (ruku'), and from bowing and prostrating to gesturing (i'ma'), and so on. This is the position of the majority.' - Among the hadith proving the validity of praying by gesture during intense fear is the one in Sunan Abu Dawud regarding the companion Abdullah bin Unays, whom the Prophet ﷺ tasked with killing Khalid bin Sufyan al-Hudhali, who was residing in the 'Arafat' region because he was gathering forces to fight the Muslims. Part of the hadith states: '...I saw him [the Hudhali, whom I was ordered to kill] and the time for Asr prayer arrived... so I set off walking, while praying, gesturing towards him... until I was able to strike him with my sword, until he grew cold.' (i.e., he was finished off). Al-Shawkani, commenting on the hadith of Abdullah bin Unays, says: 'And like this [situation]...' ¶

The action of the Companion sent for this important matter was not hidden from the Messenger of Allah ﷺ. It serves as evidence that one should perform what is possible, even if merely by gesturing (imā’), and even while facing a direction other than the Qiblah (1). ¶

Among the incidents that prove the Muslims performed prayer during the era of the Companions in a state of fear while riding animals is what is narrated in 'Musannaf Ibn Abi Shaybah': 'Thabit ibn al-Samt (2), or al-Samt ibn Thabit, was on a journey during a time of fear when the prayer time arrived, so they prayed while mounted. Al-Ashtar (3) descended, and asked regarding the commander, Thabit: "What is the matter with him?" They replied: "He descended and prayed." He said: "Why did he dissent? May he be dissented against!"' (4). ¶

Furthermore, the books of Fiqh have justified the position of the Jumhur (majority) regarding performing prayer in extreme fear in whatever way is possible, the concession to omit certain pillars of prayer, and the performing of actions necessary for combat. The books of Fiqh have justified this position based on extreme necessity (darurah), dire need (hajah), and by drawing analogy (qiyas) from the Shariah texts that provide concessions in such matters (5). ¶

This concludes what relates to the evidence of the Jumhur regarding performing prayer in extreme fear in whatever way is possible. As for the second matter: How did the Jumhur respond to the Hanafi view that the Prophet ﷺ's leaving... ¶

Does the delaying of some prayers during the Battle of the Trench (Ghazwa al-Khandaq) and making them up later indicate the permissibility of delaying prayers beyond their prescribed times due to preoccupation with warfare? ¶

The majority (jumhur) of scholars answered this—as stated in 'al-Majmu'—by saying: "As for the story of the Trench, it is abrogated; it occurred before the revelation of the verse regarding the 'Prayer of Fear' (Salat al-Khawf), as previously mentioned. Now, it is obligatory to perform the Prayer of Fear, whether the fighting is intense or not, and it is not permissible to delay it beyond its time. This is our school of thought and the opinion of the majority." (1) ¶

A similar view is found in Ibn Qudama’s 'al-Mughni', where he states: "As for the delaying of prayer on the day of the Trench, 'Abu Sa'id' narrated that it was before the revelation of the Prayer of Fear." (2) ¶

Furthermore, the Hanafis rely on their position—that prayer may be delayed due to war—on the fact that the Prophet (PBUH) performed the Prayer of Fear during the 'Battle of Dhat al-Riqa'. This occurred before the 'Battle of the Trench'. Since the Messenger of Allah (PBUH) omitted the Prayer of Fear at the Trench and delayed the prayer, this indicates that he only omitted the Prayer of Fear because he could not perform it without being preoccupied with combat activities. This, consequently, suggests that prayer is not valid while occupied with warfare; therefore, it is obligatory to delay it. ¶

Al-Jassas, one of the Hanafi Imams, states regarding this: "If it is said: What do you deny that the Prophet (PBUH) did not pray on the day of the Trench because the Prayer of Fear had not yet been revealed? The response is: 'Muhammad ibn Ishaq' and 'al-Waqidi' have both mentioned that the 'Battle of Dhat al-Riqa' took place before the Trench (3)." ¶

The Prophet (PBUH) performed the Salat al-Khawf (Prayer of Fear) during [the expedition of Dhat al-Riqa]. This proves that the Prophet’s (PBUH) omission of Salat al-Khawf [specifically at the Battle of the Trench] was solely due to the ongoing combat, which prevented its valid performance and was contrary to it (1). ¶

In summary, the majority of jurists (Jumhur) hold that prayers must be performed within their prescribed times during war, to the best of one's ability. Meanwhile, the Hanafis maintain that it is mandatory to delay the prayer until after the combat has ceased, if the war prevents its performance in the prescribed Shariah manner. ¶

We now move to the second point in this discussion. ¶

Second Point: The opinion we prefer regarding this issue: Is it permissible to delay prayer beyond its time due to preoccupation with war, or is it not? ¶

Our preference in this matter depends on issues that are beyond the scope of our current purpose; however, it is necessary to point out those aspects that are of urgent need. Likewise, it is necessary to weigh some of the disputed matters to eventually arrive at the conclusion we prefer regarding the issue at hand. On this basis, we say: ¶

1. Regarding fear of the enemy, there are two types of prayer according to which the obligatory prayer is performed: ¶

- A prayer called 'Salat al-Khawf', which is performed in congregation in various specific forms. Its details are mentioned in books of Fiqh and Hadith, and it does not involve striking or fighting. Among these is the prayer mentioned in Surah An-Nisa in the Almighty’s saying: 'And when you are among them and lead them in prayer, let a party of them stand [in prayer] with you...' (2). This type of Salat al-Khawf has been affirmed by the majority, including the Hanafis. ¶

In general, [scholars agree on this] except for al-Hasan ibn Ziyad and Abu Yusuf in his later statement, and al-Muzani among the Shafi'is. ¶

- There is another type of prayer in war called 'Salat Shiddat al-Khawf' (Prayer of Extreme Fear). In this prayer, some pillars (arkaan) are omitted, and actions such as walking, striking, and stabbing—necessitated by fighting the enemy or fear of them—occur. The majority of scholars have interpreted the saying of the Almighty in Surah al-Baqarah: 'But if you fear, then [pray] on foot or riding' according to this prayer. This prayer is also mentioned in some hadiths, as previously discussed. ¶

This prayer of extreme fear is what the Hanafis rejected, as explained earlier. ¶

- Furthermore, the most correct view (al-rajih) is that the Prayer of Fear is a legitimate (mashru') prayer after the Prophet ﷺ, just as it was during his time, based on the fact that the Companions continued to practice it in their era without any objection. ¶

- Likewise, the most correct view is that the Prayer of Extreme Fear is also legitimate, acting upon the literal meaning of the verse: 'But if you fear, then [pray] on foot or riding.' The fear in this verse is absolute and is not restricted to situations without fighting or walking. Thus, it applies to fear involving walking and fighting, as well as fear that does not involve such actions, depending on the state of fear and the necessity that forces the worshiper to perform certain actions or omit certain pillars. Moreover, the hadith of Abdullah ibn Anis, whom the Prophet ﷺ sent on an assassination mission against 'al-Hudhali' who was near Arafat, proves the validity of the prayer performed during extreme fear while walking and signaling, as mentioned in the story. ¶

2 - It appears that the Prayer of Fear was already legitimate before the Battle of the Trench (Khandaq). This is according to the opinion of... ¶

(Footnotes): (1) See: Bada'i al-Sana'i, 1/242. Abu Yusuf's argument is that the Prayer of Fear is specific to congregational prayer with the Prophet ﷺ, based on the verse: '...and you are among them and lead them in prayer...' Thus, it is not performed if he is not present. (2) See: Al-Majmu' by al-Nawawi, 4/405. Al-Muzani's argument is that the Prophet ﷺ did not perform the Prayer of Fear at the Trench, but rather delayed the prayer and then made it up (qada), considering that the Prayer of Fear had been legitimate before that—which, in his view, indicates the abrogation of the Prayer of Fear! (4) The Hanafis stated: The verse 'But if you fear, then [pray] on foot or riding' does not explicitly allow walking and fighting, because the word 'rijalan' refers to those on foot or standing on their feet; it does not necessarily mean they are in the process of walking, striking, or stabbing. [See: Ahkam al-Qur'an by al-Jassas, 2/164]. ¶

Ibn Ishaq and others agree that the 'Ghazwat Dhat al-Riqa', during which the Prophet ﷺ performed the Salah al-Khawf (Prayer of Fear), took place before the 'Ghazwat al-Khandaq' (Battle of the Trench). Ibn Ishaq presented the events of the Seerah in this context in a manner that supports his position. These are excerpts from his Seerah: ¶

'The Ghazwat Dhat al-Riqa took place in the year four. Ibn Ishaq said: Then the Messenger of Allah ﷺ stayed in Medina after the Ghazwat Banu Nadir for the month of Rabi' al-Akhir and part of Jumada, then he set out for 'Najd', intending [to confront] the 'Banu Muharib and Banu Tha'labah' of Ghatafan... ¶

Ibn Ishaq said: Until he arrived at 'Nakhl', which is the Ghazwat Dhat al-Riqa... Ibn Ishaq said: He encountered there a great assembly of 'Ghatafan', the people drew close to one another, but no battle took place between them. The people feared one another until the Messenger of Allah ﷺ led them in the 'Salah al-Khawf', then the people dispersed... Ibn Ishaq said: And Wahb bin Kaysan narrated to me from Jabir bin Abdullah, who said: I went out with the Messenger of Allah ﷺ to the 'Ghazwat Dhat al-Riqa' from 'Nakhl' on a weak camel of mine...'. Then Jabir mentioned in this hadith that he married a non-virgin woman after the martyrdom of his father at 'Uhud', in order to take care of seven young sisters his father had left behind, explaining why he preferred marrying a mature, non-virgin woman over a young, virgin girl: that the mature woman, having experience, was more capable of caring for his young sisters than anyone else. ¶

Following this, Ibn Ishaq brought forth the events of the 'Ghazwat al-Khandaq'—among which is the following: ¶

'Ibn Ishaq said: Sa'd bin Mina narrated to me from Jabir bin Abdullah, who said: We were working with the Messenger of Allah ﷺ in the Trench, and I had a small goat... and I said: By Allah, if we were to prepare it for the Messenger of Allah ﷺ...' ¶

The Prophet (ﷺ) said: 'I ordered my wife, and she cooked some barley for us...' (1) the Hadith. I say: From this context in the chronological arrangement of established events, the preference for Ibn Ishaq's opinion becomes clear: that the 'Ghazwat Dhat al-Riqa', during which the 'Salat al-Khawf' (Prayer of Fear) was performed, preceded the 'Ghazwat al-Khandaq' (Battle of the Trench). The summary of reaching this conclusion from what has preceded is: - During the 'Ghazwat Dhat al-Riqa', the Prophet (ﷺ) performed the Salat al-Khawf, a fact that no one has disputed. - Furthermore, Jabir was a newlywed during this expedition (2), having married a mature widow in order to care for the younger sisters his father had left behind after his martyrdom at Uhud. - Then, at the Ghazwat al-Khandaq, Jabir’s wife appears on the scene cooking food for the Prophet (ﷺ)... This indicates that the 'Ghazwat Dhat al-Riqa' (where Salat al-Khawf occurred and Jabir was a newlywed) occurred earlier, while the 'Ghazwat al-Khandaq' (where Jabir’s wife prepared food for the Prophet) occurred later. Based on this, it is proven that the Prophet (ﷺ) delayed the prayers during the 'Ghazwat al-Khandaq', even though the 'Salat al-Khawf' had already been legislated before this battle. 3- As for the Salat al-Khawf, in which movement and combat are permissible, and gesturing is sufficient instead of bowing (ruku) and prostration (sujud), there is no record of the Prophet (ﷺ) performing it during the Ghazwat al-Khandaq. Abu Sa'id al-Khudri explicitly stated—as previously mentioned—that the verse pertaining to it, '...if you fear, then [pray] on foot or riding...' had not yet been revealed (3). ¶

4 - It is recorded in Sahih al-Bukhari and Muslim and others: "Narrated Abdullah [ibn Umar]: The Messenger of Allah (ﷺ) announced to us on the day he returned from the Battle of al-Ahzab: 'Let no one pray Zuhr except at Banu Qurayza.' Some people feared the time would pass, so they prayed before reaching Banu Qurayza. Others said: 'We will not pray except where the Messenger of Allah (ﷺ) commanded us, even if the time passes!' He said: 'He (the Prophet) did not blame anyone from either group.'" ¶

In a narration by al-Tabarani: "...Some said: 'Pray, for the Messenger of Allah (ﷺ) did not intend for you to abandon the prayer!' Others said: 'He firmly commanded us not to pray until we reach Banu Qurayza. We are adhering to the firm determination of the Messenger of Allah (ﷺ), so there is no sin upon us.' Thus, one group prayed Asr out of faith and seeking reward. Another group did not pray until they reached Banu Qurayza after the sun had set, and they prayed out of faith and seeking reward, and the Messenger of Allah (ﷺ) did not rebuke either group." ¶

It states in Fath al-Bari: "The gist of the incident is that some of the Companions interpreted the prohibition literally. They did not worry about the time passing, giving precedence to the second prohibition (to pray at Banu Qurayza) over the first (not to delay prayer). They justified the delay for those occupied with warfare by drawing an analogy to what happened during the days of the Trench... Because they were occupied with the affairs of war, they assumed this might be general for any task related to war, especially since it was the era of legislation (tashri'). Others interpreted the prohibition in a non-literal sense." ¶

And it (the word) is a metonymy for urging, hastening, and rushing towards 'Banu Qurayza.' The majority of scholars have derived from this that there is no sin upon one who exercises ijtihad (legal reasoning), because the Prophet ﷺ did not reprimand either of the two groups. Ibn al-Munir (1) posited a strange claim, arguing that the group which performed the Asr prayer while on the road actually performed it while mounted on their animals. Then Ibn Hajar stated: 'The claim that they performed it while riding requires evidence, and I have not seen it in any of the narrations of this story' (2). ¶

E - It is stated in Sahih al-Bukhari: 'Anas said: I was present at the siege of the fortress of 'Tustar' (3) at the break of dawn. The fighting intensified, and they were unable to perform the prayer. So we did not pray until the day had risen high, and we performed it while we were with Abu Musa. Then victory was granted to us, and Anas said: "I would not trade that prayer for the world and everything in it"' (4). ¶

It is stated in Fath al-Bari: 'What comes to mind regarding this is that his intention was to express satisfaction with what transpired. Thus, the prayer mentioned refers to the prayer that was made up. The reason for his satisfaction was that they were not distracted from the act of worship [i.e., the Fajr prayer] except by an act of worship that was more important to them in that specific context [i.e., Jihad] (5). Then they compensated for what they had missed and performed it' (6). Then Ibn Hajar refuted those who claimed that Anas's intent in his statement was to express regret for the Fajr prayer that was missed due to the engagement in the conquest, or that he disagreed with Abu Musa al-Ash'ari regarding his ijtihad to delay the prayer from its prescribed time for the sake of conquering the fortress—meaning, that Anas bin Malik preferred abandoning the siege and moving away from it to perform the Fajr prayer at its time, and then returning to the siege and fighting. I say: Ibn Hajar refuted... ¶

This is answered by his statement: 'If that were the case, Anas would have prayed alone, even if by gesture (ima'), but he agreed with Abu Musa and those with him; so how can he be considered a dissenter?' (1). ¶

I say: After all that has been presented, we prefer—regarding the issue we are addressing—the following: ¶

- In a state of war, it is permissible to perform prayers at their appointed times in the manner of 'Salat al-Khawf' (Prayer of Fear) or 'Salat Shiddat al-Khawf' (Prayer of Intense Fear), depending on the situation that warrants this or that form, provided it does not lead to harm befalling the Muslims or the loss of the benefits of jihad and combat. ¶

- From another perspective, it is also permissible to delay prayers from their appointed times, provided they are made up later, if war exigencies necessitate it. ¶

- It is also permissible for Islamic leadership, in a state of war, to issue orders to Muslim combatants not to be distracted from their current engagement—such as continuous strikes against the enemy or constant monitoring of specific equipment related to the war effort—by performing prayers. This is based on the directive of the Prophet (ﷺ) to the Companions not to pray until they reached 'Banu Qurayza.' The fact that the Prophet (ﷺ) remained silent regarding the clarification of his intent—whether it was an actual delay of the prayer from its time, or merely an exhortation to haste without delaying the prayer—I say: that his silence (ﷺ) on clarifying his intent, after knowing that some Companions had indeed understood from his words that they should delay the prayer, serves as a tacit approval of such an understanding. Consequently, those in authority may issue orders based on this understanding if war necessities require it. ¶

This opinion is further supported by the aforementioned fact that the Prophet (ﷺ) delayed some prayers during the Battle of the Trench, even though 'Salat al-Khawf' had already been legislated by then. ¶

This opinion is also supported by the fact that the Companions, during the era of the Rightly Guided Caliphate, delayed the Fajr prayer while besieging the fortress of 'Tustar' until they had achieved victory! ¶

Imam al-Bukhari leaned toward this opinion regarding the permissibility of delaying prayers beyond their prescribed times due to preoccupation with war. ¶

Furthermore, some contemporary writers and jurists active in the Islamic intellectual field have also inclined toward this opinion regarding the permissibility of delaying prayer due to the preoccupations of war. ¶

Sheikh Muhammad al-Ghazali says in his book 'Fiqh al-Sirah': 'Some scholars have considered the prescribed time for prayer as lapsed due to the excuse of combat. This is the school of thought of al-Bukhari and others. In my view, this is closer to correctness; for the prioritization of the duties incumbent upon the servants is among the most important matters that renew the Muslim's mission in life. Indeed, one cannot truly understand his religion unless he comprehends this required prioritization... The Messenger of Allah (peace be upon him) saw that taking the Banu Qurayza by surprise before they could complete their preparations and strengthen their fortifications was the primary obligation at that hour, and therefore a Muslim should not be distracted from it, even for prayer; for the boundaries of prayer times dissolve before the necessities of combat.' ¶

Professor Dr. Wahba al-Zuhayli says in his jurisprudential encyclopedia, 'Al-Fiqh al-Islami wa Adillatuhu' (Islamic Jurisprudence and its Evidences): 'Whoever delays prayer from its time due to a legitimate excuse incurs no sin, and fear of the enemy is among those valid excuses.' He then cited as evidence the Prophet's (peace be upon him) delay of some prayers during the Battle of the Trench. ¶

Having established this, we suffice with what has been presented regarding this topic—delaying prayers due to preoccupation with war—to move on to another topic. ¶