Fatwa ID: 02140

Answered by Ustaadha Bint Salih

Question:

Asalamualaikum.
Hazrat, these forms of ibd'ah are optional, correct?
There is some controversy among all 'Ulama whether the above practises are permissible, or whether it's an innovation. Personally, I don't feel comfortable doing either after researching the views on both sides.
Now, with me having such doubts, and therefore avoiding would this make me sinful, or not?

Answer:

Congregational Dua after Fardh Salah:

Those prayers in which there are no sunnahs afterwards, for example in Fajr and Asr Salah, the Imam has a choice of sitting on his right or left; should he wish to make an announcement then he should sit directly in front of the congregation.  Sitting on the right and left is both permissible.
(FatawaDarulUloomDeoband p.139 v.4
FatawaMahmoodiyah p.126 v.2
AapkeMasaail p.252 v.2)

For Zuhr, Asr and Maghrib Salah the Imam should do a short dua so the congregation may engage in their sunnah prayers.

In reference to your question, Dua after jamaat is not only confirmed by hadith and fiqh but also considered to be a time of acceptance where one should pray to Allah for ones need.

It is mentioned in a hadith that the Prophet of Allah was asked which supplication is most readily listened to and the Prophet of Allah replied "that which is offered in the latter part of the night and after the prescribed (Farz) prayers". 
(SunanTirmizi p.187 v.2)

It is reported from Ibn Abbas RadiAllahu Anh that the Messenger of Allah SAW said: Allahs hand (blessings) is with the group.
(Jami Tirmidhi, Chapter of Trials, Hadith 2166)

Having said that, to make congregational dua where the Imam recites aloud the dua and the followers say Ameen this is not confirmed by hadith.  The jurists have stated that it is only permissible to make dua in this manner and to consider it necessary is incorrect.  However, if the intention was to educate the Ummah then by all means it would be correct.  If in the situation where the congregation do consider it necessary and they rebuke the Imam for not reciting the dua aloud, then this practice will become unacceptable and unfound.
FatawaMahmodiyah p.238 v.10)

As mentioned above, it is not necessary for the Imam to make congregational dua but if he does wish to do so he should confirm his intention by reciting the beginning and ending of the dua aloud, so that the followers aware.
(FatawaMahmodiyah p.248 v.10)

Brothers who leave the prayer after completing the farz prayer just to show their disapproval are acting against the sunnah as dua made after salah even if it were made individually is confirmed by many ahadith:

Mughira Ibn-Shubah relates that the Prophet of Allah used to say after completing his prayer "There is no God Allah, alone without partner, He is the dominion, His is the praise and the power over all things. O Allah, none can without what You bestow, none can bestow what you withhold and the fortune of the fortune avails nothings against you". 
(Sahih Bukhari p.937 v.1)

SaaidahAaishanarrates that she asked the Prophet of Allah about the punishment of the grave.  He replied: “Yes, the punishment of the grave is true.”  Saaidah  Aaisha reports that she did not see the Prophet of Allah after each Salah except he used to seek refuge from the punishment of the grave.
(SunanNasaii p.192 v.1)

Tawassul:

Tawassul and Waseelah literally means to make a request or supplicate through a means. It is permissible for one to request Allah Ta'ala to accept his du'aa through the medium of some deeds or the rank of certain individuals as this may be closer to acceptance.

There are various forms of Tawassul and Waseela:

1. To make Tawassul to Almighty Allah that He accepts the Du'aa due to one having performed a certain good deed is permissible and unanimously accepted. It is supported by the Hadith of Sahih Bukhari in which three people were trapped in a cave. Each of them made Du'aa to Allah Ta'ala to move the obstructing rock and they requested Allah Ta'ala to accept their du'aas due to some good deed that each of them had done.
(RiyaadhusSaliheen).

2. To make Tawassul with the names and attributes of Almighty Allah: This is also permissible and is supported by the following verse, 'And Allah has beautiful names, so call unto Him through them.'
(Surah A'araaf v.180).

Example: If someone says, 'Oh Allah, I ask you through your attributes and beautiful names to grant my specific wish.'

3. To make Tawassul to Allah Ta'ala through the rank and position of certain individuals, alive or deceased, in the sight of Almighty Allah This includes the Prophets [alayhimus salaam], the martyrs and any other pious servant of Allah. Example: If one says, ‘Oh Allah, I beseech you to accept my du’aa due to the status of Rasulullah in Your eyes.' This form of Tawassul is also permissible according to the vast majority of the Ulama (scholars) and it has in fact remained part of their practice.

4. Some scholars even mention a fourth type of Tawassul, where a person requests some living pious servant of Allah to make du'aa for him: This is also unanimously accepted.

The only type of Tawassul that is disputed is number3, where one makes Tawassul through individuals that are alive or deceased by saying, 'O Allah, I besech you to accept my Du'aa due to the status that Rasulullah (or some other pious person) hold in Your eyes.' The first opposition against this form of Tawassul was in the 7th century of Islam.
(Shifaa-u-siqaam)

Lastly, we would like to draw your attention to the fact that the above permissibility is in regard to one who asks Allah Ta'ala for a particular need and in doing so, he uses some honourable personality as his Waseela (means) without thinking or believing that the person is being supplicated to or that he will fulfil his need. Yes, if one asks directly from the deceased and he believes that the Anbiyaa [alayhimus salaam] and the pious [rahimahumullah] independently possess the power to provide, then this would be Shirk (polytheism) because he is now ascribing partners to Allah in the quality of 'Providing'.

Many contemporaries have mixed both these forms up; a) asking directly from the deceased and, b) asking Allah Alone, through the medium of some deceased) and have passed one ruling of Shirk for both forms. This is clearly a gross oversight on their path.

With regards to your question, both things mentioned here are optional. But they are acts of goodness and should in no way be looked down upon even if one chooses not to practise them. If you do not act upon them, there is no sin, but you should not reject their existence and status in the shariah.

Only Allah knows best.

Ustaadha Bint Salih.  

DarulIfta Birmingham.

Checked and Approved by Mufti Mohammed Tosir Miah