Fatwa: # 19706
Category: Financial Transactions
Country: South Africa
Date: 13th January 2012

Title

Is it permissible for non-Muslim workers to run one’s business during Jumu’ah?

Question

I am a Muslim businessman. I have a store in a shopping centre that allows Muslim owned business to close for Jumu’ah. However, my shop is managed by non-Muslim females. Am I still obliged to remain closed (as it is forbidden to trade during Jumu’ah time) or can I leave my shop open and trade?

Answer

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

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Allah Ta’ālā says in the Quran,

 

يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِيَ لِلصَّلَاةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ ذَلِكُمْ خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ (الجمعة 9)

"Oh you who believe! When the call to Prayer is made on Friday, then proceed at once to the remembrance of Allah and quit all commerce.
That is best for you, if only you were to know (Allah’s reward for it).
" 

In light of the above verse, the Ulama mention that trade after the call of Jumu’ah prayer is prohibited. The verse commands that we “proceed” as soon as the call is made.

In the beginning stages of Islam there was only one athān for Jumu’ah, which was called at the time of khutbah in front of the Imam. This procedure had remained right up till the era of Umar radiyallāhu ‘anhu.

During the era of Uthmān radiyallāhu ‘anhu, Muslims started inhabiting the outskirts of Madinah due to their large numbers. The athān that was given in front of the Imam at the time of khutbah could not be heard by many due to the distance from the Masjid.

Uthman radiyallāhu ‘anhu ordered that another athān be called in the trading area further from the mosque at his house in Maqām e Zaura’ which would be heard though out Madinah.

This practice was unanimously accepted by all the Sahabah and has been the accepted practice of the entire Ummah till today. Trading and activities which were once prohibited after the athān in front of the Imam, were now prohibited after this first athān introduced by Uthmān radiyallāhu ‘anhu.[1]

Trade after the athān has been prohibited since it leads to delay in proceeding for Jumu’ah. If two people do a transaction after the athān whilst proceeding for Jumu’ah and the deal is not a hindrance in proceeding to Jumu’ah, such a deal is permissible. It is clear that abandoning trade upon the Jumu’ah adhaan is not the emphasis rather the emphasis is on the delay for Jumu’ah.[2]

If a person closes his business during the Jumu’ah salah, this would be an expression of his reverence and respect for the Jumu’ah Salah. However, closing ones’ business during Jumu’ah Salaah is not a condition for the Jumu’ah salaah.

Closing some businesses during Jumu’ah may also not be economically practical. For example, a Muslim owns a service station. Friday is the end of the week and it is a busy period for taxis (kombis). If one closes the service station at that time, the normal clientele will go elsewhere and not return in future. This can impact the overall turnover of the business. While we believe rizq is from Allah, we are also not required to abandon permissible means of ones rizq. If one closes his business at that time, that is his level of Taqwa but not a requirement in Shari’ah.

It would be permissible that one proceeds for Jumu’ah salaah whilst his business is administered by his non-Muslim staff. The income earned during Jumu’ah time will be halal.[3]


And Allah Ta’āla Knows Best

Mawlana Ali bin Cassim

Student Darul Iftaa

Los Angeles, CA (USA)

 

Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net



[1] Ma’ariful Quran vol.8 pg.456,

احكام القران للتهانوي  5/61

[2]الدر المختار وحاشية ابن عابدين (رد المحتار) (2/ 161)

(قَوْلُهُ وَتَرْكُ الْبَيْعِ) أَرَادَ بِهِ كُلَّ عَمَلٍ يُنَافِي السَّعْيَ وَخَصَّهُ اتِّبَاعًا لِلْآيَةِ نَهْرٌ (قَوْلُهُ: وَلَوْ مَعَ السَّعْيِ) صَرَّحَ فِي السِّرَاجِ بِعَدَمِ الْكَرَاهَةِ إذَا لَمْ يَشْغَلْهُ بَحْرٌ وَيَنْبَغِي التَّعْوِيلُ عَلَى الْأَوَّلِ نَهْرٌ.

قُلْت: وَسَيَذْكُرُ الشَّارِحُ فِي آخِرِ الْبَيْعِ الْفَاسِدِ أَنَّهُ لَا بَأْسَ بِهِ لِتَعْلِيلِ النَّهْيِ بِالْإِخْلَالِ بِالسَّعْيِ فَإِذَا انْتَفَى انْتَفَى

[3]الدر المختار وحاشية ابن عابدين (رد المحتار) (5/ 101)

وَقَدْ خُصَّ مِنْهُ مَنْ لَا جُمُعَةَ عَلَيْهِ ذَكَرَهُ الْمُصَنِّفُ وَالْحَاصِلُ أَنَّ الدَّلِيلَ خَصَّ مِنْ وُجُوبِ السَّعْيِ جَمَاعَةً كَالْمَرِيضِ وَالْمُسَافِرِ

حاشية الطحاوي على مراقي الفلاح(335) المطبعة الكبرى الأميرية

بأن من لم تجب عليه الجمعة مستثنى من الحكم كما في القهستاني يعني من لم تجب عليهما معا أما إذا وجبت على أحدهما دون الآخر أثما جميعا لأن الأول ارتكب النهي والثاني أعانه عليه

فتاوى رحيمية 6/82

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