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Fatwa #965712 September 2003United States of America

one shafi and one hanafi.Whenever the hanafi imam performs fajr salaah, the shafis perform sajdatus sahw. Could youplease give a shari verdict on this

Question

In our local masjid there are two imams:one shafi and one hanafi.Whenever the hanafi imam performs fajr salaah, the shafis perform sajdatus sahw.I find this quite nauseating because it creates an impression of disunity.If one is reading behind a hanafi imam one should follow him entirely and not have reservations about it.Nabi S.A.W did not read Dua e Qunut in all his Fajr salaahs.Could you please give a shari verdict on this matter

Answer

For the Shafi'is to make sujud as-sahw after the salam of the imam is in keeping with the preferred opinion of their madhhab. In accordance with this opinion, the omission of the qunut, which is one of the major sunnahs of the salah, causes sujud as-sahw to be made; and when the imam does not make it, whether on account of forgetfulness of because he follows another madhhab, the follower should still make it.%0D%0A%0D%0AThere does exist an alternative view in the Shafi'i madhhab that in cases such as this, where the imam's omission of the qunut is on account of his belonging to another madhhab, the sujud as-sahw does not have to be made. This is the view of al-Qaffal al-Marwazi, al-Isnawi and as-Suyuti. Where the performance of the sujud ash-sahw becomes problematic in the manner described, it would be in order for the Shafi'is to adopt this view the basis of their practice.%0D%0A%0D%0AHowever, this is merely advisable and by no means enforcible. Where a Shafi'i prefers to stick to the preferred opinion in his madhhab, it would be expected of others to be understanding of the reason why they are doing what they are doing. Tolerance of the fiqhi differences between the madhahib is the hallmark of a mature and sensible community. Tolerance, however, does not necessarily mean conformity.%0D%0A%0D%0AIn nurturing mutual tolerance it does not help at all to indulge in the kind of absolutism that expresses itself in words such as "Nabi S.A.W did not read Dua e Qunut in all his Fajr salaahs." This sort of statement absolutises one view in fiqh amongst several, and reflects pejoratively on those 'ulama who hold the position that the qunut in Fajr is a regular sunnah. It also betrays a lack of adequate knowledge. If ever needed, the making of such statements should rather be left to those whose depth of knowledge and integrity entitle them to speak.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AShaykh Taha Karaan%0D%0AMADRASAH AL-ARABIYYAH AL-ISLAAMIYYAH, Western Cape%0D%0A%0D%0ACHECKED AND APPROVED: Mufti Ebrahim Desai
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