I was working during the day and I had come home after praying asr. I was waiting for a phone call but I fell asleep and it was maghrib time when I woke up so I broke my fast then and went back to sleep thinking I had enough time to pray the next thing I know I was awoken by a phone call from my Aunty and then I had realised maghrib may have been finished so I prayed immediately than I had later realised I missed the time for the prayer. Wallahi I never meant to miss maghrib I was really tired and I think it’s the first time I did this. Am I considered to be negligent with my prayer because of this and am I taken out of Islam according to some hanbali positions?

In the name of Allah, the most Beneficent, the most Merciful.

Answer

Before we look at your question, there is a ruling which needs to be clarified.

Abu Barzah Radiallahu Anhu narrates that the Prophet of Allah Sallallahu Alahi Wasalam disliked going to bed before the Isha prayer and indulging in conversation after it.” (Sahih Bukhari & Sahih Muslim)

What we can derive from the above hadith is that as soon as you woke up at Maghrib time, you should not have gone back to sleep again the second time, but instead prayed your Maghrib Salah at that time.

Regarding the ruling for someone who misses his Salah, Imam Ahmad (RA) is of the view that such a person comes out of the fold of Islam by missing his or her salah.   However, other scholars have said that the person has committed such an action, which has taken him close to leaving the fold of Islam.

Imam Malik (RA) and Imam Shafee (RA) have said it is lawful to kill the person who misses his salah even though the person does not become a kafir.  Imam Abu Hanifah (RA) is of the view that the person would not be killed nor will his actions constitute kufr rather he ought to be sent to jail until he starts reading salah.  (Mazaahirul Haqq p.506 v.1)

With regards to your question, as you did not miss your salah intentionally, you will not be considered as coming out of the fold of Islam. Repent for your shortcomings and endeavour not to make the same mistake again.

Izt is advisable that one takes precaution when it comes to doing takfir and calling another Muslim a disbeliever. It is narrated by Saaiduna Abu Hurairah Radiallahu Anhu that the Prophet of Allah Sallallahu Alahi Wasalam has said, “When a person says to his brother, ‘O disbeliever!’ then disbelief returns to one of the two of them.” (Sahih Bukhari)

Imam Nawawi (RA) has said, “They (scholars) differ as regards the interpretation of this “returning,” So it is said, “kufr returns upon him if he is making that lawful”. And it is said, “It is taken to refer to the Khawarij,” since they declare believers to be disbelievers.” (Sharh Sahih Muslim p.50 v.2)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham