Fatwa #142903 June 2006Qatar
It sometimes becomes very difficult to pray salah (namaz) individually. A person or more touches you from behind and joins the salah
Question
2) As Saani Jamaat( Second Jamat) is not allowed in a Masjid where there is an assigned Imam , but some time when you get late to the jamath, and other people gather and some time expect you to lead the Jamath. Is it allowed to do so?
3) Sometime, when you have started to pray your farz salah individually, a group of people gather and start a jamath. In this case should you break your salah and join the Jamath.
4) Sometime when you enter the masjid you find a saani Jamath leaded by a Person whose attire is completely against the Shariah (ie., he doesn't have a beard, is wearing clothes below the leg ankle) in this case should we join the Jamath?
Answer
1. In order to understand the Shari’ah ruling of this issue, we wish to point out some pertinent points: According to the Hanafi Madhab, an Imaam must be an equal or superior position in relation to the Muqtadi (follower). If the Muqtadi is performing Fardh Salaat, the Imaam must also be at least performing a Fardh Salaat. The Imaam cannot be performing a Sunnah or Nafl Salaat. In this situation, the position of the Imaam will be lower than the follower. According to the Hanafi Madhab, the Imaam and the Muqtadi must be performing the same Fardh Salaat. If the Imaam and follower are performing two different Fardh Salaats, the Salaat of the Muqtadi will not be valid. The principles mentioned above are not applicable in the other famous Madhaahib; Shaafi’ee, Maaliki and Hanbali. Hence, if an Imaam is of a lower position in his Salaat, for example, he is performing Sunnah or Nafl Salaat and the Muqtadi is performing Fardh Salaat, the Salaat of the Muqtadi will be valid. The Imaam and the Muqtadi also do not have to have the same intention. It is clear from the above that there are differences of opinion among the Fuqahaa on the issue. It should also be noted that while we adhere to one Madhab, we respect all the Madhaahib. If an adherent of another Madhab joins a Hanafi and makes him Imaa, there is not problem in the Hanafi co-operating and becoming the Imaam even though he is performing Sunnah or Nafl Salaat. There is a leeway to recite audible Qiraat in Sunnah and Nafl Salaat.
2. A second Jamaat is permissible out of the Musjid proper which is generally known as the Sahn area.
3. If one has already commenced his Fardh Salaat, he may continue with his Fardh Salaat. he may also shorten the Salaat, for example, at two Rakaats if it is a four Rakaat Salaat and join the congregational Fardh Salaat. The previously performed two Rakaats will be Nafl.
4. If one joins the Jamaat led by a person not having proper Islamic attire, the Salaat will be valid. Generally, a person having an Islamic attire and beard should perform the Salaat.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai