Can the rule of necessity be applied knowing there are other Masajid in 10KM radius where Juma is offered in the right time (within the ordained zuhr time)? I would appreciate your enlightening response in the light of Quran and Sunnah.
Here in Calgary, Canada we have a relatively small size (which can accommodate 150 people) Mussallah located in Downtown where Muslims offer Sala-ul-Juma in five different Jamats. First Jamat starts at 11:30AM, second Jamat at 12:15PM, third Jamat at 12:45PM, fourth Jamat at 1:30PM and the last Jamat at 2:15. The Zuhr time in Calgary starts at 1:43PM. As you can see 4 Jamats out of the 5 different Jamats are being offered before Zuhr time comes in. On my asking, I was told by the Musalleen that they have a fatwa from someone which affords them the permissibility to pray before time, out of necessity.
There are quite a few other Masajid and Musallahs in Calgary within 10 KM radius, however, this particular place is the only Musallah in downtown Calgary. The Muslims who work in downtown area find it convenient to pray in this downtown Musallah. Because the Musallah cannot accomodate all people in one Jamat people offer in 5 different Jamats BUT BEFORE zuhr time though.
My question: Is it permissible to pray Juma before the time enters? Can the rule of necessity be applied knowing there are other Masajid in 10KM radius where Juma is offered in the right time (within the ordained zuhr time)? I would appreciate your enlightening response in the light of Quran and Sunnah.
The books of jurisprudence that discuss Jumuah also discuss the timing of Jumuah. Majority of the Imaams of the different schools of thought, (Hanfia, Maalikiya and Shaafiya) are of the view that the time of Jumua only commences after Zawaal (i.e. when the time of Zawaal commences). It is only the Hambaliya that state that the Jumuah Salah could be performed before Zawaal. Hence, to keep clear of any difference of opinion and as a matter of precaution, which is incumbent for us to exercise in matters of worship, the Jumuah Salah must be performed after Zawaal. It is not correct to utilise the principle of necessity in the situation mentioned. Muslims living in the area that is affected by this should seek special dispensation from their places of work etc that will enable them to perform the Jumuah Salah at the correct time and make an effort to perform the Jumuah at the different places available for Jumuah around the loacality.
As a suggestion, the talk could be given before the zawaal and immediately after zawaal the first Athaan could be given, 4 Rakaats Sunnats could be performed, and thereafter the second Athaan, a short Khutba and Salaah could be made.