WHEN SHOULD THE WORDS AL-SALAATU KHAYRUN MIN AL-NAWM BE SAID?

WHEN SHOULD THE WORDS AL-SALAATU KHAYRUN MIN AL-NAWM

(PRAYER IS BETTER THAN SLEEP) BE SAID? IN THE FIRST ADHAN OR IN THE SECOND?

MASJID PLOT 94 ODUDUWA CRESCENT, PHASE 2 SITE 2, KUBWA

BRIEF MASJID NASIHA –  BY BRO. ABBA ABANA,

http://variousislamicdawadocuments.blogspot.com

abba.abana@gmail.com, gonidamgamiri@yahoo.com

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Bismillah Walhamdulillah Was Salaatu Was Salaam 'ala Rasulillah. As-Salaam Alaikum Wa-Rahmatullahi Wa-Barakatuhu.                                                                                                                           Praise be to Allaah, we praise Him and seek His help and forgiveness. We seek refuge with Allaah from the evil of our own selves and from our evil deeds. Whomsoever Allaah guides cannot be misled, and whomsoever He leaves astray cannot be guided. I bear witness that there is no god except Allaah alone, with no partner or associate, and I bear witness that Muhammad is His slave and Messenger (Sallalahu Aalaihi Wasalam).  

INTRODUCTION.                                                                                                                                                            Ruling on Salatul Hairun minan naum: We have different Sects which are followers of Deen and controversy aroused with few scholars as regards above ruling. A visitor/stranger questioner asked our Muezzin, why; ‘’Assalatul khairan minan’’ is not pronounced in the first Adhan?

Is Asalatul Hairun minan naum in the 1st calling or 2nd calling of Fajr by Adhan? What is then done in Sunnah which is our Symbol?

In arriving at this information, many scholars, Ulamas (both resident in Saudi Arabia), Islamic Standing Committees, Islamic Research Foundation (IRF) {Dr Zakir Naik Foundation international Speakers – Orators) were consulted and gotten email responses and came out with this write up.

1.0 SUBJECT OF DISCUSSION

Thank you for asking this question.

This issue should not be one of contention and should not be a cause of division among the Muslims in your community. What I understand is that you follow the scholars of your locality who are experts in the Maliki School. The objective behind following your local scholars is unity. When you follow your local scholarship that is what people are accustomed to. It is not recommended to start a new practice in a locality and cause division among the community. Introducing practices that are foreign is not wise even if they are practiced in other parts of the world.
According to some scholars there are two Adhans for Fajr. The two Athans of Fajr take place at different times. The first one takes place before the time comes in, before dawn at the end of the night. The second Athan is the actual Athan of Fajr after the time comes in.
As for the statement you asked about, Assalatu Hairaun Minan Naum, which means 'prayer is better than sleep' scholars are in agreement that it is recommended to say it. They differ when to say it exactly.
Some scholars say that it does not matter when you make this statement, either in the first or the second Athan. Other scholars, the majority, say that it should only take place in the second Athan.
An expert in the Maliki School was asked and he said, "Our position is that this sentence is stated in the second Adhan which is when the actual Fajr begins."

May Allah bless you and grant you success.
1.1 Question.
When should the words al-salaatu khayrun min al-nawm (prayer is better than sleep) be said? In the first Adhan or in the second?
I have been studying with this Shaikh in Dubai for the last two years. He revealed an astonishing so called fact that `As salatu Khairum minan Naoom`in FAJR Adhan is a Bi`da cause Hazarat Bilal use to use these words in TAHAJJUD Adhan and IBN MAKTOUM use to call the FAJR Adhan whereby he did not use these words. The other evidence is that, by meaning of these words you are trying to compare SLEEP with FAJR Salat which should not be the case. He also said that Shaikh Albaani had made a Du`aa for the youngsters of today asking ALLAH to give them Hidaya to stop this Bi`da. If my Teacher is correct, why is it being followed in Mecca and Madina as well? Please give me your comments (Please read this for more on this discussion. http://islamqa.info/en/ref/45518 (Islam Q&A), General supervisor, Shaykh Muhammad Saalih al-Munajid).
1.2 Answer

Praise be to Allaah.
It is narrated in a number of saheeh ahaadeeth that the words al-salaatu khayrun min al-nawm (prayer is better than sleep) are to be said in the Adhan for Fajr. It is mentioned in some of them that this phrase is to be said in the first Adhan without stating what is meant by the phrase “the first Adhan” – is it the Adhan that is given before Fajr or is it the Adhan of Fajr itself? 

As for the view of your teacher, that this phrase is comparing sleep with Fajr prayer, this is not correct, because this phrase is stating that prayer is better than sleep and thus encouraging the sleeper to stop sleeping and get up to do something that is better. 

1.3 These ahaadeeth include the following: 

1 – It was narrated that Abu Mahdhoorah (may Allaah be pleased with him) said: I used to give the Adhan for the Messenger of Allaah (peace and blessings of Allaah be upon him) and in the first Adhan of Fajr I used to say: “Hayya ‘ala al-falaah, al-salaatu khayrun min al-nawm, al-salaatu khayrun min al-nawm, Allaahu akbar Allaahu akbar, laa ilaaha ill-Allaah (come to prosperity, prayer is better than sleep, prayer is better than sleep, Allaah is Most Great, Allaah is Most Great, there is no god but Allaah).” Narrated by Abu Dawood, 500; al-Nasaa’i, 647; classed as saheeh by al-Albaani in Saheeh Abi Dawood. 

2 – It was narrated that Ibn ‘Umar (may Allaah be pleased with him) said: In the first Adhan after the word al-falaah it said: Al-salaatu khayrun min al-nawm, al-salaatu khayrun min al-nawm (prayer is better than sleep, prayer is better than sleep).
1.4  Shaykh al-Albaani said:
It was narrated by al-Tahhaawi (1/82) with a hasan isnaad as al-Haafiz said in al-Talkhees (3/169). Al-Thamr al-Mustataab, p. 131.
These ahaadeeth provide evidence for those who said that this should be said in the first Adhan which comes at the end of the night. But the correct view is that it should be in said the Adhan which comes after the time for prayer has begun. That is for a number of reasons:
(a)  The word awwal (first) is in relation to the iqaamah, and the iqaamah is the second call to prayer. In the saheeh Sunnah there are reports in which the iqaamah is called an “Adhan”, as in the words of the Prophet (peace and blessings of Allaah be upon him): “Between each two calls (Adhanayn)...” Narrated by al-Bukhaari, 598; Muslim, 838.
In Saheeh Muslim (739) the Adhan which comes after the time for prayer begins is called the first Adhan. This appears in the hadeeth narrated by ‘Aa’ishah (may Allaah be pleased with her) about the prayer of the Messenger of Allaah (peace and blessings of Allaah be upon him). She said: He used to sleep during the first part of the night and wake up during the latter part, then if he had any need for intimacy with his wife he would satisfy that need, then he would sleep. Then when it was the time of the first call, he would wake up and pour water over himself, and if he was not junub he would do wudoo’ as a man does for prayer, then he would pray two rak’ahs.
What is meant by two rak'ahs here is the regular Sunnah of Fajr, as stated by al-Nawawi in Sharh Muslim.
(b) In some saheeh ahaadeeth it is clearly stated that the Adhan in which this phrase appears is called Adhan salaat al-subh, Adhan al-fajr, etc. These phrases indicate that this Adhan should come after the time for the prayer begins and the Adhan that is given at the end of the night comes before the time for prayer begins. These ahaadeeth include the following: 

1 – It was narrated that Abu Mahdhoorah (may Allaah be pleased with him) said: I said: “O Messenger of Allaah, teach me the Sunnah of Adhan.” He wiped the front of my head and said: “Say Allaah akbar, Allaahu akbar, Allaah akbar, Allaahu akbar (Allaah is Most Great, Allaah is Most Great, Allaah is Most Great, Allaah is Most Great)… And if it is Fajr prayer, then say: Al-salaatu khayrun min al-nawm, al-salaatu khayrun min al-nawm (Prayer is better than sleep, prayer is better than sleep).
According to another, similar report, it says: “Al-salaatu khayrun min al-nawm, al-salaatu khayrun min al-nawm (Prayer is better than sleep, prayer is better than sleep) in the first Adhan of dawn.”
Narrated by Abu Dawood, 501; al-Nasaa’i, 633; classed as saheeh by al-Albaani in Saheeh Abi Dawood.
According to another report narrated by Abu Dawood (504) from Abu Mahdhoorah (may Allaah be pleased with him): He used to say in Fajr: “al-salaatu khayrun min al-nawm (Prayer is better than sleep). Classed as saheeh by Shaykh al-Albaani in Saheeh Abi Dawood. 

2 – It was narrated that Anas (may Allaah be pleased with him) said: It is Sunnah for the muezzin, after saying Hayya ‘ala al-falaah (come to prosperity), to say: “al-salaatu khayrun min al-nawm (prayer is better than sleep)” twice.
Shaykh al-Albaani (may Allaah have mercy on him) said:
This was narrated by al-Daaraqutni (90), Ibn Khuzaymah in his Saheeh and al-Bayhaqi in his Sunan (1/423), and he said: its isnaad is saheeh.
It was also narrated by al-Daraaqutni and al-Tahhaawi (1/82) via Hushaym from Ibn ‘Awn with the wording: In the Adhan for Fajr prayer, when the muezzin said: Hayya ‘ala al-falaah (come to prosperity), he said: “al-salaatu khayrun min al-nawm (prayer is better than sleep),” twice. This version was narrated by Ibn al-Sakan who classed it as saheeh, as it says in al-Talkhees, 3/148
Al-Thamr al-Mustataab, p. 132.
These ahaadeeth show that this phrase appears in the Adhan for Fajr prayer.
The Adhan which is the call to prayer is that which comes after the time for the prayer has begun, because the Prophet (peace and blessings of Allaah be upon him) said: “When the time for prayer begins, then let one of you give the Adhan for you.” Agreed upon. 

As for the Adhan which comes at the end of the night (example in Nigeria 3.00am, 4.30am, etc), this is not an Adhan for Fajr prayer as such, rather it is done “so that the one who is praying qiyaam may go back and the one who is asleep may wake up”, as is narrated from the Prophet (peace and blessings of Allaah be upon him) in al-Saheehayn. Thus it is clear that the phrase which appears in the Adhan which comes after the time for the prayer begins is not a bid’ah (innovation), rather it is Sunnah. End quote.
1.5 The scholars of the Standing Committee, were asked:
What is the reason why the Sunnah of the Prophet (peace and blessings of Allaah be upon him), to say al-salaatu khayrun min al-nawm, is not done in the first Adhan for Fajr, as is mentioned in Sunan al-Nasaa’i, Ibn Khuzaymah and al-Bayhaqi?
They replied:
Yes, this phrase should be mentioned in the first Adhan of Fajr, in accordance with the command of the Prophet (peace and blessings of Allaah be upon him). It is clear from the hadeeth that it is the Adhan that is done when the true dawn comes, and it is called ‘first’ in relation to the iqaamah, which is an Adhan according to sharee’ah, as it says in the hadeeth, “Between every two calls (Adhanayn) there should be a prayer.” The word Adhan here does not refer to the call that is given before the appearance of the true dawn. That call is prescribed in order to wake those who are asleep and so that those who are praying qiyaam may go back. It is not a call to announce the Fajr prayer. Whoever studies the ahaadeeth about this phrase will see clearly that they refer to the Adhan given to announce the time of Fajr, not the Adhan which is given at night just before dawn. End quote.
Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan, Shaykh ‘Abd-Allaah ibn Qa’ood.
Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta’, 6/63
For more information on the refutation of those who say that this phrase should be said in the Adhan which comes before the time for the prayer begins, please see al-Sharh al-Mumti’ by Shaykh al-‘Uthaymeen (may Allaah have mercy on him), 2/61-64.

Please refer to Refer to Please read this for more on this discussion. http://islamqa.info/en/ref/45518 (Islam Q&A), General supervisor, Shaykh Muhammad Saalih al-Munajid.

1.7 Fiqh Us Sunnah 1.98: Adhan, At-Tathweeb: (Saying "Prayer is better than sleep" in the Morning Azhan).

 

It is part of the shari'ah that the caller to prayer say, "as-salaatu khairun min an-naum (prayer is better than sleep) in the morning azhan. Abu Mahzhurah asked the Prophet, upon whom be peace, to teach him the azhan, and he told him, "If it is the morning azhan, say, as-salaatu khairun min an-naum, assalaatu khariun min annaum. Allahu akbar, Allahu akbar. La illaha illal-lah." (Related by Ahmad and Abu Dawud.) It is to be said only in the morning azhan.

1.8 Fiqh Us Sunnah 1.102: The Azhan Before and at the Beginning of the Prayer Time

The azhan is to be made exactly at the beginning of the prayer time, except for the Morning Prayer, when it may be said before dawn (provided that the people are able to distinguish between the early azhan and that of the proper time).

'Abdullah ibn 'Umar related that the Prophet, upon whom be peace, said, "Bilal makes the azhan during the night, so eat and drink until you hear the azhan of Ibn Umm Maktum." (Related by al-Bukhari and Muslim.) The wisdom behind allowing the morning azhan a little earlier is made clear in a hadith recorded by Ahmad and others from Ibn Mas'ud: "None of you should let Bilal's azhan prevent you from the pre-dawn meal, as he is making the azhan for those who are praying to stop and for those who are sleeping to get up." But Bilal made his azhan in exactly the same way as the regular azhan. At-Tahawi and an-Nasa'i relate that the time difference between Bilal's azhan and that of Ibn Umm Maktum was the time it took for one to come down from the minaret and for the others to get up to it.

Enough time should be left between the azhan and iqamah for people to prepare themselves for prayer and get to the mosque. The hadith that state the time difference are weak. Al-Bukhari has a section entitled How Much Time Is There between the Azhan and Iqamah? but no specific length of time has been confirmed therein. Ibn Batal said, "There is no time limit set, except that of the time beginning and the people gathering for the prayer." Jabir ibn Sumra said, "The callers to prayer of the Prophet would make the azhan and then leave some time, making the iqamah only when they saw the Prophet, upon whom be peace, coming (to the place of prayer). (Related by Ahmad, Muslim, Abu Dawud, and at-Tirmizhi.)

 

2.0 Question and answers session

Ebu Kasim -  Fatwa from scholars of Ahl al-Sunnah (http://forumi.kurandhesunet.net/english%28149%29/fatwa-from-scholars-of-ahl-al-sunnah%2820769%29-faqja465-verzion-printues.html)

 

2.1 Question - The words of the muezzin, “Prayer is better than sleep” (al-salaatu khayrun min al-nawm)

With regard to the words al-salaatu khayrun min al-nawm (prayer is better than sleep), is it to be said in the first Adhan before Fajr, or in the second Adhan? What is the evidence for saying them? What should the one who hears them say after the muezzin?

2.2 Answer - Praise be to Allaah.
The Sunnah is to say these words in the second Adhan after dawn has broken, as is narrated in the hadeeth of Abu Mahdhoorah and the hadeeth of ‘Aa’ishah (may Allah be pleased with her), which indicate that the muezzin used to say them in the second Adhan after dawn broke.
‘Aa’ishah said: Then the Prophet (blessings and peace of Allah be upon him) would get up and pray two rak‘ahs, then he would go out to pray after the first call, which was the second Adhan in relation to what is called the first Adhan, and is the first Adhan with regard to the iqaamah, because it may also be called “Adhan.”

The Sunnah is to say these words in this Adhan which is the second one after dawn has broken, and is the first in relation to the iqaamah. With regard to the first Adhan, as people customarily call it, this is to alert people. The Prophet (blessings and peace of Allah be upon him) said concerning it: “So that those of you who are praying qiyaam can rest and those of you who are sleeping can wake up.”
This is the Adhan that alerts people so that those who are asleep can wake up and those who are praying qiyaam can rest, i.e., not make their prayers too long, because dawn has come. In the hadeeth of ‘As’ishah, the later Adhan clearly called the first Adhan in relation to the iqaamah, because the iqaamah is a second Adhan, and the later Adhan may be called the second Adhan, in relation to the first Adhan, the purpose of which is to alert people.

Some of the scholars are of the view that these words should be said in the first Adhan which serves to alert people before dawn breaks. This issue is broad in scope, in sha Allah, but these words should not be said in both calls. It is better to say them in the second call which is the first in relation to the iqaamah and is the Adhan that is given after dawn breaks (in Nigeria when Fijir broke out or stop Suhur food).

What is meant by the words “prayer is better than sleep” is that the obligatory prayer that Allah has enjoined is better than sleep, and what people should do is get up for it. With regard to the naafil prayers at the end of the night or during the night, they are not obligatory, and sleep may be better than prayer if being sleepy is going to affect his prayer.
[In that case] he should sleep and have his share of rest so that he will be able to pray properly. But the obligatory prayer is something that is required and is better than sleep in all cases; the individual has to get up for it and do what will help him to perform the prayer mindfully and do it well and properly.

The one who hears this phrase should repeat it, “al-salaatu khayrun min al-nawm (prayer is better than sleep)” because the Prophet (blessings and peace of Allah be upon him) said: “When you hear the muezzin, say what he says.” So the one who is responding should say “Al-salaatu khayrun min al-nawm”, just as he repeats “Allahu akbar (Allah is most great)” and “Ashhadu an la ilaaha ill-Allah (I bear witness that there is no God but Allah)”; this is the same, he should say “al-salaatu khayrun min al-nawm.” But when the muezzin says “Hayya ‘ala al-salaah, hayya ‘ala al-falaah (come to prayer, come to prosperity)”, he should say, “Laa hawla wa laa quwwata illa Billaah (there is no power and no strength except with Allah).” This is what is prescribed.

When the Prophet (blessings and peace of Allah be upon him) heard the muezzin say “Hayya ‘ala al-salaah (come to prayer)”, he would say, “Laa hawla wa laa quwwata illa Billah (there is no power and no strength except with Allah).”
When the muezzin says, “Hayya ‘ala al-falaah” say “La hawla wa laa quwwata illa Billah,” because no one knows whether he will have strength or not, or whether that will be easy for him or not, so he should say Laa hawla wa laa quwwata illa Billaah, meaning I do not have the power to respond to the muezzin and come to the mosque and perform the prayer except by the help of Allah, may He be glorified and exalted; and I do not have the strength to do that except by the help of Allah, may He be glorified and exalted. The call of the muezzin is a call to good: “Hayya ‘ala al-salaah, hayya ‘ala al-falaah (Come to prayer, come to prosperity).”
So he has to respond and say, “Laa hawla wa laa quwwata illa Billah (There is no power and no strength except with Allah).” This is what is prescribed, meaning: I have no power or strength to respond to the muezzin or perform the prayer on time with the congregation, or to do anything, except with the help of Allah, may He be glorified and exalted. End quote.
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him), Fataawa Noor ‘ala al-Darb, 2/685-687

2.3 Remarks: Adhan salaat al- Subh or Adhanna al Fajr.

Adhan that is done/called when true dawn comes (i.e. after 5.00 am or so in Nigeria) ie al-salaatu khayrun min al-nawm.

First call relation to second (is Iqamah). Between Adhan there would be a prayer (Hadith).

First call here refers:

First part of night or before Morning Prayer or Adhan for Morning Prayer

Second call here refers:

Adhan for Morning Prayer (1^st) (i.e. when dawn breaks out.) and Iqamah (2^nd)

 

3.0 Many people need to know, ‘’Is it obligatory to follow a particular Madhhab’’? (Sources: https://islamqa.info/en/21420)

It is not obligatory for a Muslim to follow any particular Madhhab among these four. People vary in their level of understanding and ability to derive rulings from the evidence. There are some for whom it is permissible to follow (taqleed), and indeed it may be obligatory in their case. There are others who can only follow the shar’i evidence. In Fataawa al-Lajnah al-Daa’imah this question was answered in a detailed manner, which is worth quoting here in full. 

3.1 Question: What is the ruling on following one of the four Madhhabs in all cases and situations? 

3.2 The Committee replied: 

Praise be to Allaah, and blessings and peace be upon His Messenger and his family and companions. 

Firstly: the four madhhabs are named after the four imams – Imam Abu Haneefah, Imam Maalik, Imam al-Shaafa’i and Imam Ahmad. 

Secondly: These imams learned fiqh (jurisprudence) from the Qur’aan and Sunnah, and they are mujtahideen in this regard. The mujtahid either gets it right, in which case he will have two rewards, the reward for his ijtihaad and the reward for getting it right, or he will get it wrong, in which case he will be rewarded for his ijtihaad and will be forgiven for his mistake. 

Thirdly: the one who is able to derive rulings from the Qur’aan and Sunnah should take from them like those who came before him; it is not right for him to follow blindly (taqleed) when he is believes that the truth lies elsewhere. Rather he should follow that which he believes is the truth. It is permissible for him to follow in matters in which he is unable to come to a conclusion based on the Qur’aan and Sunnah and he needs guidelines concerning a particular issue. 

Fourthly:  Whoever does not have the ability to derive rulings himself is permitted to follow one whom he feels comfortable following. If he is not comfortable following him then he should ask until he finds someone with whom he is comfortable.  

Fifthly:  From the above it is clear that we should not follow their opinions in all situations and at all times, because they may make mistakes, but we may follow their views that are sound and are based on the evidence. Fataawa al-Lajnah, 5/28 

It says in Fataawa al-Lajnah, no. 3323: 

Whoever is qualified to derive rulings from the Qur’aan and Sunnah, and has strong knowledge in that regard, even if that is with the help of the legacy of Fiqh that we have inherited from earlier scholars of Islam, has the right to do that, so he can act upon it himself and explain it in disputes and issue fatwas to those who consult him. Whoever is not qualified to do that has to ask trustworthy people who so that he may learn the rulings from their books and act upon that, without limiting his asking or his reading to one of the scholars of the four madhhabs. Rather people refer to the four imams because they are so well known and their books are well written and widely available. 

Whoever says that it is obligatory for the learned people to follow the scholars blindly in all cases is making a mistake and being inflexible, and is thinking that these learned people are inadequate, and he is restricting something that is broad in scope. 

Whoever says that we should limit following to the four madhhabs is also mistaken, because he is restricting something that is broad in scope with no evidence for doing so. With regard to the common (i.e., uneducated) man there is no difference between the four imams and others such as al-Layth ibn Sa’d, al-Awzaa’i and other fuqaha’. Fataawa al-Lajnah, 5/41 

It says in Fatwa no. 1591: 

None of them called people to follow his madhhab, or was partisan in following it, or obliged anyone else to act in accordance with it or with a specific madhhab. Rather they used to call people to follow the Qur’aan and Sunnah, and they would comment on the texts of Islam, and explain its basic principles and discuss minor issues according to general guidelines, and issue fatwas concerning what people asked about, without obliging any of their students or anyone else to follow their views. Rather they criticized those who did that and said that their opinions should be cast aside if they went against a saheeh hadeeth. One of them said: “If the hadeeth is saheeh then that is my madhhab.” May Allaah have mercy on them all? 

It is not obligatory for anyone to follow a particular madhhab, rather we should strive to learn the truth if possible, or to seek the help of Allaah in doing so, then to rely on the legacy that the earlier Muslim scholars left behind for those who came after them, thus making it easier for them to understand and apply the texts. Whoever cannot derive rulings from the texts etc for some reason that prevents him from doing so should ask trustworthy scholars for whatever rulings of sharee’ah he needs, because Allaah says (interpretation of the meaning): 

“So ask the people of the Reminder [Scriptures — the Tawraat (Torah), the Injeel (Gospel)] if you do not know” [al-Anbiya’ 21:7] 

So he has to strive to ask one whom he trusts among those who are well known for their knowledge, virtue, piety and righteousness. Fataawa al-Lajnah al-Daa’imah, 5/56 

The madhhab of Abu Haneefah (may Allaah have mercy on him) is the most widespread madhhab among the Muslims, and perhaps one of the reasons for that is that the Ottoman caliphs followed this madhhab and they ruled the Muslim lands for more than six centuries. That does not mean that the madhhab of Abu Haneefah is the most sound madhhab or that every ijtihaad in it is correct, rather like other madhhabs it contains some things that are correct and some that are incorrect. What the believer must do is to follow the truth and what is correct, regardless of who says it. 

And Allaah knows best.

Sources: https://islamqa.info/en/21420

4.0 IMAM MALIK: THE FOUNDER OF THE MALIKI SCHOOL OF THOUGHT

Malik bin Anas, known as Imam Malik, is a prominent name in Islamic history. He was not only a great scholar of Hadith, but also a jurist after whom was founded one of the four Islamic schools of Islamic jurisprudence: the Maliki School.

He was 13 years younger to Imam Abu Hanifa and 103 years elder to Imam Bukhari. He compiled the first compendium of Hadith named Al-Muwatta. He was the most leading personality of his time in Madinah and was called Imam Darul Hijrah due to his remaining in Madinah the majority of his life.

He was born in Madinah to Anas ibn Malik and Aaliyah bint Shurayk Al-Azdiyya in 93 AH. His family was originally from the Al-Asbahi tribe of Yemen, but his great grandfather Abu 'Amir came to Madinah in 2 AH, embraced Islam and settled down there.

Born into a well-to-do family, Malik did not need to work for a living. He was highly attracted to the study of Islam, and ended up devoting his entire life to the study of Hadith and Fiqh.

Living in Madinah gave him access to some of the most learned minds of early Islam. He memorized the Holy Qur'an in his youth. He studied under various famous scholars like Hisham ibn Urwah, Ibn Shihab Al-Zuhri, Imam Abu Hanifa and Imam Jafar Al-Sadiq — one of the descendants of the Prophet (peace be upon him).

Malik lived with the immediate descendants and the followers of the Companions of the Prophet (pbuh). Imaam Zahabi said: "There remains no scholar in Madinah after the Tabi'een comparable to Imam Malik's knowledge, jurisprudence, eminence, and memorization." Thus, Imam Malik became the Imam of Madinah, and one of the most renowned scholars of Islam.

He learned Hadith from Abdur Rahman ibn Harmuz, Nafi ibn Zakwan and Yahya ibn Saeed.

Imam Malik said: "I did not start to give lecture in Fiqh and Hadith until I was declared eligible to do so by 70 teachers of Hadith and Fiqh."

Imam Malik believed that fatwa is a sensitive, precise and important action that can have far-reaching results, and was extremely careful about giving it to the extent that if he was not sure about a matter, he would not speak about it.

While narrating Hadith, he used to wear elegant and expensive clothing, usually wearing white and frequently changing them.

Imam Malik had great love and respect for Madinah. He remained in Hijaz throughout his life and never traveled outside. He went for Haj only once while fearing that he might die outside Madinah and be deprived of its blessings. Even when he attained old age and became very weak, he never rode on any mount in Madinah. He felt that it was against respect to ride on the very land where the Prophet (pbuh) is buried.

Imam Malik compiled Al-Muwatta in forty years. It is the first legal work to incorporate and join Hadith and Fiqh together and was received with wide praise. Imam Bukhari said that the soundest of all chains called the 'Golden Chain of Narrators' of Hadith transmission was "Malik, from Nafi, from Ibn Umar."

Imam Malik's teachings were not essentially different from those of Imam Abu Hanifa. His main sources were primarily the Holy Qur'an, and then the Hadith of the Prophet (pbuh) of which he preferred those which had been collected and narrated by the scholars of Hadith of Madinah. Next, he would refer to Ijma' (consensus), and then Ta'amul i.e. customs of the people of Madinah such as practices of the Sahabah that represent the true spirit of Islam. Lastly, he relied on 'Qiyas' (analogy) and 'Istislah' (public interest).

It is reported that Imam Malik wrote 100,000 Hadiths by his hand. Imam Malik said: "I showed my book to 70 scholars of Madinah and every single one of them approved it, so I named it 'Muwatta' (The Approved One)."

It is the first Hadith work arranged into juristic sections and organized accordingly.

According to some of the great scholars of the past, Imam Malik was widely regarded as the scholar of Madinah. The Prophet (pbuh) had said: "Soon people will beat the flanks of camels seeking knowledge, and they shall not find a single person more knowledgeable than the erudite scholar of Madinah

. (Jami Al-Tirmidhi).

Imam Malik was held high in the eyes of other great scholars, such as, Imam Abu Hanifah, who said, "My eyes have never fallen on anyone faster in understanding, correct in answering, and examining as Imam Malik."

Imam Ahmed bin Hanbal said, "I have compared Imam Malik to Awza'i, Hammaad, Aal-Hakim, Thawri, Laith, in knowledge, but he is the leader in Hadith and Fiqh."

The number of Imam Malik's students was in the thousands. Qazi Iyadh has mentioned that over 1300 narrated Hadith for the great Imam.

Some of the most famous teachers whom he studied with were: Mohammed bin Shihaab Al-Zuhree; Ja'far ibn Mohammed Al-Sadiq; Nafi' ibn Sarjis Al-Daylami; Mohammed ibn Munkadir and Ayyoub Al-Sakhtiyani.

Imam Malik protected the Shariah and courageously upheld it. When the governor of Madinah demanded and forced people to take oath of allegiance to Khalifah Al-Mansour Abbasi, Imam Malik issued a fatwa that such an oath was not binding because it was given under coercion. He based this opinion on the Hadith: "The divorce of the coerced does not take effect." He gave unbiased decisions and never bowed to political authorities. He supported Muhammad Zakia Alawi by issuing a Fatwa against the Abbasid Caliph Mansoor, for which he was arrested and was publicly flogged seventy times by Ja'far, the brother of Caliph Mansoor. When Mansoor heard about this, he asked Imam Malik to visit Iraq and to forgive him for the incident. Later, Imam Malik forgave him because of the Caliph's relationship with the Prophet (pbuh).

Once Caliph Haroon Rasheed invited him to his court to read his Muwatta but he declined to go and politely advised that "my regards to the Caliph, knowledge should be visited and not that it should visit the people". Later the Caliph, with his sons, came to his mosque and attended the discourse like others.

The Imam died at the age of 86. He was buried in the famous cemetery of Madinah, Jannatul-Baqee, near his tutor Nafi' Maula Ibn Umar (R.A.). He had left behind three sons, Yayha, Muhammad and Hammad.

May Almighty Allah reward him for his great services to the Ummah Islamiah.

Sources: (Arab News.Com / 07 May 2012)

5.0 MANY OF US NEED TO KNOW, ‘’IS IT OBLIGATORY TO FOLLOW A PARTICULAR MADHHAB’’? (Sources: https://islamqa.info/en/21420)

It is not obligatory for a Muslim to follow any particular Madhhab among these four. People vary in their level of understanding and ability to derive rulings from the evidence. There are some for whom it is permissible to follow (taqleed), and indeed it may be obligatory in their case. There are others who can only follow the shar’i evidence. In Fataawa al-Lajnah al-Daa’imah this question was answered in a detailed manner, which is worth quoting here in full. 

Question: What is the ruling on following one of the four madhhabs in all cases and situations? 

The Committee replied: Praise be to Allaah, and blessings and peace be upon His Messenger and his family and companions. 

Firstly: the four madhhabs are named after the four imams – Imam Abu Haneefah, Imam Maalik, Imam al-Shaafa’i and Imam Ahmad. 

Secondly: These imams learned fiqh (jurisprudence) from the Qur’aan and Sunnah, and they are mujtahideen in this regard. The mujtahid either gets it right, in which case he will have two rewards, the reward for his ijtihaad and the reward for getting it right, or he will get it wrong, in which case he will be rewarded for his ijtihaad and will be forgiven for his mistake. 

Thirdly: the one who is able to derive rulings from the Qur’aan and Sunnah should take from them like those who came before him; it is not right for him to follow blindly (taqleed) when he is believes that the truth lies elsewhere. Rather he should follow that which he believes is the truth. It is permissible for him to follow in matters in which he is unable to come to a conclusion based on the Qur’aan and Sunnah and he needs guidelines concerning a particular issue. 

Fourthly:  Whoever does not have the ability to derive rulings himself is permitted to follow one whom he feels comfortable following. If he is not comfortable following him then he should ask until he finds someone with whom he is comfortable.  

Fifthly:  From the above it is clear that we should not follow their opinions in all situations and at all times, because they may make mistakes, but we may follow their views that are sound and are based on the evidence. Fataawa al-Lajnah, 5/28 

It says in Fataawa al-Lajnah, no. 3323: 

Whoever is qualified to derive rulings from the Qur’aan and Sunnah, and has strong knowledge in that regard, even if that is with the help of the legacy of Fiqh that we have inherited from earlier scholars of Islam, has the right to do that, so he can act upon it himself and explain it in disputes and issue fatwas to those who consult him. Whoever is not qualified to do that has to ask trustworthy people who so that he may learn the rulings from their books and act upon that, without limiting his asking or his reading to one of the scholars of the four madhhabs. Rather people refer to the four imams because they are so well known and their books are well written and widely available. 

Whoever says that it is obligatory for the learned people to follow the scholars blindly in all cases is making a mistake and being inflexible, and is thinking that these learned people are inadequate, and he is restricting something that is broad in scope. 

Whoever says that we should limit following to the four madhhabs is also mistaken, because he is restricting something that is broad in scope with no evidence for doing so. With regard to the common (i.e., uneducated) man there is no difference between the four imams and others such as al-Layth ibn Sa’d, al-Awzaa’i and other fuqaha’. Fataawa al-Lajnah, 5/41 

It says in Fatwa no. 1591: 

None of them called people to follow his madhhab, or was partisan in following it, or obliged anyone else to act in accordance with it or with a specific madhhab. Rather they used to call people to follow the Qur’aan and Sunnah, and they would comment on the texts of Islam, and explain its basic principles and discuss minor issues according to general guidelines, and issue fatwas concerning what people asked about, without obliging any of their students or anyone else to follow their views. Rather they criticized those who did that and said that their opinions should be cast aside if they went against a saheeh hadeeth. One of them said: “If the hadeeth is saheeh then that is my madhhab.” May Allaah have mercy on them all? 

It is not obligatory for anyone to follow a particular Madhhab, rather we should strive to learn the truth if possible, or to seek the help of Allaah in doing so, then to rely on the legacy that the earlier Muslim scholars left behind for those who came after them, thus making it easier for them to understand and apply the texts. Whoever cannot derive rulings from the texts etc for some reason that prevents him from doing so should ask trustworthy scholars for whatever rulings of sharee’ah he needs, because Allaah says (interpretation of the meaning): “So ask the people of the Reminder [Scriptures — the Tawraat (Torah), the Injeel (Gospel)] if you do not know” [al-Anbiya’ 21:7] 

So he has to strive to ask one whom he trusts among those who are well known for their knowledge, virtue, piety and righteousness. Fataawa al-Lajnah al-Daa’imah, 5/56 

The madhhab of Abu Haneefah (may Allaah have mercy on him) is the most widespread madhhab among the Muslims, and perhaps one of the reasons for that is that the Ottoman caliphs followed this madhhab and they ruled the Muslim lands for more than six centuries. That does not mean that the madhhab of Abu Haneefah is the most sound madhhab or that every ijtihaad in it is correct, rather like other madhhabs it contains some things that are correct and some that are incorrect. What the believer must do is to follow the truth and what is correct, regardless of who says it. 

And Allaah knows best.

We encourage the questioner in our Masjid to kindly go back and do a lot of research again before gossiping and blaming past scholars (i.e. 100 AH or so) who labored hard to leave a gift of huge legacy for us today. The four Imams of Fiqh i.e. Imam Maliki school of Law, Hanafi school of Law, Hambali school of Law and Shafi’i school of Law; left tremendous Islamic knowledge behind. They used to call people to follow the Qur’aan and Sunnah, and they would comment on the texts of Islam, and explain its basic principles and discuss minor issues according to general guidelines, and issue Fatwas concerning what people asked about, without obliging any of their students or anyone else to follow their views. Rather they criticized those who did that and said that their opinions should be cast aside if they went against a Saheeh Hadeeth. One of them said: “If the Hadeeth is Saheeh then that is my Madhhab.”

6.0 Conclusion

It is in the second Athan which indicates the break of dawn i.e. 5.00 am or so for Sahour is 15 or 10 minutes time. The first Athan (i.e. 3.30 am, 4.00 am before Dawn) doesn't permit Fajr prayer and one can still eat and drink for sahour.

As for the Adhan which comes at the end of the night, this is not an Adhan for Fajr prayer as such, rather it is done “so that the one who is praying Qiyaam may go back and the one who is asleep may wake up”, as is narrated from the Prophet (peace and blessings of Allaah be upon him) in al-Saheehayn. The word Adhan here does not refer to the call that is given before the appearance of the true dawn.

The practice in Mecca and Medina apparently witnessed by Pilgrims is also to say this statement in the second Adhan of Fajr, after the time comes in. This is the Hanbali opinion and is in line with the Hanafi and Maliki schools and it is the majority opinion.
Please realize that the official religious establishment in Saudi Arabia follows the Hanbali School of law. It is not obligatory on the Muslims around the world to follow the scholars of Saudi Arabia.

As for the phrase comparing sleep with Fajr prayer, this is not correct, because this phrase is stating that prayer is better than sleep and thus encouraging the sleeper to wake up or to stop sleeping at dawn and get up to do something that is better i.e. preparation for obligatory Fajr prayer. 

The obligation of the lay man is to follow their local qualified scholars and not to cause confusion among the masses by introducing new things that people are not accustomed to.

Why many Ualamas in Nigeria go against this Phase of first call or second call (al-salaatu khayrun min al-nawm) when you have multitude of obligations awaiting your effort if willing to perform?

And Allaah knows best.

We welcome Comments and advises