BRIEF MLIK FIQH TREATISE PERFORMING THE EID PRAYER BEHIND AN IMM ADHERING TO A DIFFERENT SCHOOL OF JURISPRUDENCE by Abdus

Shakur J.J Brooks AL-MASLIK PUBLICATIONS 2013

FIRST EDITION

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In the name of Allah The Most Merciful, The Most Compassionate. May peace and blessings be upon Muhammad

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PREFACE About the Eid prayer, there are a few issues in which the Mlik school diers from other schools regarding the manner in which the Eid prayer is performed. This is due to: (a) The various understandings of primary texts amongst the expert jurists (mujtahidn) (b) The various dierent narrations of adith that support each opinion of those expert jurists (c) The various opinions existing amongst the Companions of The Prophet These dierences slightly aect the manner in which Mlik followers conduct their prayer behind an Imm who follows another school of thought and for this reason the Mlik scholars discussed these issues in their works of jurisprudence. This treatise will briefly discuss some of those ma'ers.

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PRAYING BEHIND A SHFI IMM According to the Mlik school: The first unit (rakah) of the Eid Prayer consists of SEVEN takbr1 (the takbr al-ihrm to enter the prayer and six additional takbr). According to the Sh school: The rst unit of Eid Prayer consists of EIGHT takbr (the takbr al-ihrm and seven additional takbr). This means they do one takbr more than Mlik adherents do. Thus the question is: Does a Mlik adherent follow the Sh Imm increasing an extra takbr or not? The Mlik scholar Al-attb (954 AH) in his famous work called Mawhib Al-Jall li Shar Mukhtaar Khall mentioned what Ibn Ab Zayd Al-Qayrawn (386 AH) recorded in his copious workAl-Nawdir walZiydt, who quoteda leading student of Imm Mlik, known as Ashhab,as saying:

The term takbr in this article is referring to the pronunciation of Allahu that is repeated a number of times in each unit of prayer in the Eid prayer. However takbr al-ihrm is specically referring to the takbr that is said to begin prayer.
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Akbr

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If the Imm during the rst unit of prayer does more than seven takbr [meaning, he does eight takbr including the takbr al-ihrm] or in the second unit of prayer he does more than ve, then he [that is, the Mlik adherent] does not follow him. This is the view of the Mlik school. It is said that there is no dierence of opinion in this ma'er. Thus when the Imm adds an extra takbr, those following him should remain silent.

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PRAYING BEHIND A ANAF IMM According to the Mlik school: (a) They recite Quran AFTER making the takbr (in both units of prayer). (b) In the second unit of prayer they say FIVE takbr (not including the takbr for standing). According to the anaf school: (a) They recite Quran BEFORE making the takbr (in both units of prayer). (b) In the second unit of prayer they say THREE takbr only Thus there are two questions here: 1. Does a Mlik adherent follow a anaf Imm who recites before making takbr or not? It appears that amongst the earlier scholars of the Mlik school this ma'er was not explicitly discussed. However, the la'er scholars did discuss it holding various opinions. According to Al-ab his conclusion was that one should follow the anaf Imm. However, those like Amad Dardir
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(1241 AH), and his senior companion Muhammad Al-Amr (1232 AH) in his famous work Al-Majma concluded that they are not to follow the anaf Imm in that. Seeing that this ma'er is something the later scholars diered about, it is permissible for a person to act on any one of the positions because they are not conclusive ma'ers established within the school. 2 However, he should make sure that he completes all takbr according to the Mlik school without increase or decrease. 2. Does a Mlik adherent follow a anaf Imm in making three takbr in the second unit of prayer only? mentioned that both views:(1) that one should follow and (2) that one should not follow, are both open for speculation and thus he did not opt for one over the other. On the other hand, Muhammad Al-Amr explicitly stated that one does not follow a Sh or a anaf Imm in what they increase or decrease from the takbr, or when the anaf Imm delays the takbr in the second unit of Eid prayer. Again, this is a ma'er disputed amongst the la'er scholars thus there is no harm in
Al-ab

My humble advice in this case is that the common person follow the position of Al-ab in a place where Eid prayer is conducted by anaf Imms because that is easier to follow and prevents unnecessary confusion.
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following either of the two views.