Question:
In a discussion with a person who performs the regular prayers... however, he does not perform the Jumu'ah (Friday) prayer with the people, but instead prays it as Zuhr. When I objected to this, he claimed that the presence of the Khalifah is a condition for the validity of the Friday prayer. Does any of the jurists hold this view? And what is the Party's opinion on this matter? May Allah reward you with goodness.
Answer:
The Friday prayer is a fard (obligation) whether a Khalifah exists or not. The evidences for this are well-known, including:
The saying of Allah (swt):
يَا أَيُّهَا الَّذِينَ آَمَنُوا إِذَا نُودِيَ لِلصَّلَاةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ ذَلِكُمْ خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ
"O you who have believed, when [the adhan] is called for the prayer on the day of Jumu'ah [Friday], then proceed to the remembrance of Allah and leave trade. That is better for you, if you only knew." (Surah Al-Jumu'ah [62]: 9)
And Al-Hakim narrated in his Mustadrak from Abu Musa, from the Prophet (saw), who said:
الجمعة حق واجب على كل مسلم في جماعة إلا أربعة: عبد مملوك، أو امرأة، أو صبي، أو مريض
"Friday prayer is a mandatory duty upon every Muslim in a congregation, except for four: a slave, a woman, a child, or a sick person." (Al-Hakim)
Al-Hakim stated: "This hadith is authentic (sahih) according to the conditions of the two Sheikhs (Al-Bukhari and Muslim), though they did not record it." Likewise, An-Nasa'i narrated from Ibn Umar, from Hafsah, the wife of the Prophet (saw): that the Prophet (saw) said:
رَوَاحُ الْجُمُعَةِ وَاجِبٌ عَلَى كُلِّ مُحْتَلِمٍ
"Going to Friday prayer is obligatory for every adult (one who has reached puberty)." (An-Nasa'i)
It is clear from these evidences that they are not restricted by the existence of the Imam (the Khalifah).
This is also the view held by the proponents of the three schools of thought (Malik, Ash-Shafi'i, and Ibn Hanbal). As for the Hanafis, they mentioned among the conditions of Jumu'ah:
(The permission of the Sultan for that, or his presence, or the presence of an official deputy on his behalf, as this was the practice during the time of the Messenger of Allah (saw) and during the eras of the Rightly Guided Khulafa. This applies if there is an Imam or his deputy in the town where the Friday prayer is held. If neither is found, due to death, fitnah, or similar reasons, and the time for Friday prayer arrives, then the people have the right to gather and choose a man from among them to lead the Friday prayer.)
The condition of the Sultan’s permission is a marjouh (outweighed) opinion according to us, based on the aforementioned evidences.
In summary, the Friday prayer is a fard, whether the Khalifah is present or there is no Khalifah.