Legal Interpretations of Qada Rawatib Prayers at Forbidden Times: Tarjih Analysis on the Badai’ as-Sanai’ fi Tartib asy-Syarai’ and al-Majmu’ Syarh al-Muhazzab

Abstract

In an explicit manner, scholars have explained the ruling on performing qada rawatib prayers at forbidden times. However, some of the main fiqh books used as references do not clearly elaborate on the process of legal istinbat, such as how they chose the propositions used as the basis for the law. Essentially, the Prophet used to pray the ba'diyah zuhr prayer at a forbidden time (after 'asr). This narration is interpreted differently by Hanafiah and Shafi'iyah scholars with different arguments and corroborating evidence. This article aims to examine the reasons for the differences in the ruling on the ba'diyah zuhr prayer performed after 'asr, to find the similarities and differences, which are contained in the book Badai' as-Sanai' fi Tartib ash-Sharai' and the book al-Majmu' Syarh al-Muhazzab from the perspective of tarjih. This article is a literature research with a comparative analysis of the both books as the main source. The approach used is usul fiqh, more specifically the theory of tarjih in ta'arud al-adillah. On the basis of the tarjih analysis, the article finds that in Badai' as-Sanai' fi Tartib ash-Sharai', the qada of the zuhr ba'diyah prayer performed after 'asr is not allowed, with the argument that the hadith narration of Umm Salamah is specific to the Prophet. Meanwhile, in al-Majmu' Syarh al-Muhazzab, it is allowed to qada the prayer. These two books both use the tarjih method to produce these rulings with the enhancement of different arguments so that it affects the resulting law. This article contributes to the understanding of the legal istinbat method of qada of rawatib prayers at forbidden times from the perspective of ushul fiqh.