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[The Ruling on Prayer and Fasting in Lands Where the Night Becomes Extremely Short]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 16780
Number of views: 15
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[The Ruling on Prayer and Fasting in Lands Where the Night Becomes Extremely Short]
Fatwa number: 16780
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Question

Question: In the northern regions of the globe, the night may become so short that the sun sets and Maghrib enters, then the sun rises before ʿIshāʾ enters and before the red twilight disappears. In that case, does the ʿIshāʾ prayer fall away because its time—which is the cause of its obligation—never enters? If it does not fall away, what should a Muslim do? And what should one do about the Fajr prayer? And if the month of Ramaḍān begins while the times are like that, how should a Muslim fast?

Answer

Answer: The ʿIshāʾ prayer does not fall away in such a circumstance. What is obligatory upon the Muslim in that case is to perform Maghrib after sunset, then perform ʿIshāʾ immediately thereafter, then perform Fajr before sunrise; and he performs Ẓuhr in its time and likewise ʿAṣr. This is due to His saying, Exalted is He: “Maintain with care the [obligatory] prayers …” [al-Baqarah:238], and other verses.
And in the Sunnah: “Five prayers Allah has prescribed in the day and the night.” There is no disagreement about this among the Muslims. What we have mentioned concerning the detailing of the times of Maghrib, ʿIshāʾ, and Fajr is the utmost that the legally responsible person can manage, and He, Exalted is He, has said: “So fear Allah as much as you are able.” [at-Taghābun:16].
Based on that, a portion from the beginning of the time is designated for Maghrib and ʿIshāʾ sufficient for both of them; and a portion from the end of the time is designated for Fajr sufficient for it; and whatever remains is a time shared between the three prayers.
This applies when the light of the sun at its setting and at its rising is not distinct. But if the observer can distinguish the sun’s light at sunset and sunrise—such that its light weakens little by little at sunset and then increases little by little—then the time for Fajr is designated from the start of that increase until sunrise, and what precedes that is designated for Maghrib and ʿIshāʾ.
As for fasting: the fasting person must fast from Fajr until sunset. If he cannot do so because of the length of the day, he breaks his fast and then makes up what he broke at another time when he can fast. It is not permissible for him to break the fast merely due to hardship; rather, it is not permissible for him to break it except if fasting leads to health harm.
All that we have mentioned is the better and more precautionary course.
It may also be said: The night of that land is to be estimated by the night of the nearest land to it; so Maghrib is prayed at sunset, ʿIshāʾ is prayed at the (estimated) disappearance of the red twilight, and Fajr is prayed at the (estimated) appearance of the widespread dawn—by estimation.
This view has a supporting preference in that it allows the fasting person to take the night-meal (ʿishāʾ), the pre-dawn meal (suḥūr), engage in marital relations, and pray the night supererogatories, while still being able to fast.
This view is further supported by what is related that the Prophet (May Allah bless him and his family and grant them peace) ordered the woman with continuous non-menstrual bleeding (mustaḥāḍah)—whose number of menstrual days had become confused for her—to menstruate as women menstruate; that is, he (May Allah bless him and his family and grant them peace) referred her, in determining the number of her days, to the norm of other women when it was impossible for her to act by her own habit.
If it be said: Allah, Exalted is He, commanded that Fajr be prayed before sunrise, whereas in what you have mentioned it would be after sunrise; and the fasting person would not be fasting the entire day?
We say: The times we have mentioned for Fajr and for fasting are times whose consideration is called for by necessity—and there are parallels to this in the Law:
Among them: Fajr is prayed in the daytime, as performance (adāʾ), due to the excuse of sleep or forgetfulness, as in the ḥadīth: “Whoever sleeps through his prayer or forgets it, then its time is when he remembers it.”
Among them: what the scholars have established—that if the pilgrim stands at ʿArafah on the tenth day by mistake, after due diligence, his standing is valid and his ḥajj is valid; likewise his overnight stay at Muzdalifah and his stoning of the pillars—all of that is valid and counted as in its time for that pilgrim.
Close to this is what Allah permitted to the sick and the traveler of breaking the fast in Ramaḍān, then making it up at another time; and the like of that is many.
In all of this is evidence that an act fixed to a specific time can have another time in which it is performed in cases of necessity—either as performance (adāʾ), as with the prayer of the sleeper and the forgetful and the pilgrim’s standing on the tenth at ʿArafah; or as make-up (qaḍāʾ), as with making up the days of Ramaḍān. This is, in general, proof for what we have stated.
Furthermore, if there is a place where the sun does not set, the night and day are to be estimated there by the nearest land to it that has both night and day, as we have mentioned.
And if there is a place where the sun does not rise, the night and day are to be estimated there by the nearest land to it that has both night and day; and the times of the prayers and fasting are determined accordingly.
We have said that the times are to be determined according to the times of the nearest land rather than the times of all lands, because the nearer land has greater specificity due to its nearness; and the Law has considered nearness in its rulings.
Among them: when the mustaḥāḍah is confused about the number of her days, she refers in that to her female relatives on her father’s side.
Thus have the scholars established it in the books of jurisprudence.
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1

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