Conclusion:
Yes it is permitted as long as not make it as as habit.
Explanation:
In some
country and in certain season, the time for prayer isya is really late, almost
midnight or even pass it. Whereas many muslim has to go to work in the early
morning. In other case, even if some muslim want to perform prayer on the real time
(which is almost midnight), they tend to sleep after magrib with hope they can
wake up in the time of isya, but turn out, they overslept and have to qadha
isya in the time of subuh. This condition somehow become problematic and
difficult (haraj) for many muslim who live in such place like the country in Europe.
In this
case, is it allowed to perform jama’ (combining) prayer between magrib and
Isya?
Yusuf
al-Qardhawi in his book Fiqh Aqalliyat (Fiqh minority) explain that even
though the time of fardhu prayer is fixed/ confirmed by Allah in the Quran
Surah an-Nisa verse 103, but Allah also gave us rukhsah (lightness) in
the time of need it, such as combining (jama’) between zuhur and ashar or between
magrib and isya in advance time or delay time (taqdiman au ta’khiran).
This lightness is given in certain causes such as, traveling (safr), raining,
snowing, heavy wind, disaster, and every natural events that caused difficulties
to muslim to perform prayer in its time. Moreover, Islam also allowed muslim to
perform jama’ in the case of needed or if there is a valid excuse (‘udzr
syar’i). This condition is permitted to raise the difficulties (li raf’i
al-haraj) on the ummah. This opinion carried by several scholars such as
Ibnu Sirin, Rabiah, ASyhab, Ibnu Mundzir,al-Qoffal al-Kabir, and many other.
This fatwa is
based on the hadith narrated by Ibnu Abbas:
عَنِ ابْنِ
عَبَّاسٍ، قَالَ: «جَمَعَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بَيْنَ
الظُّهْرِ وَالْعَصْرِ، وَالْمَغْرِبِ وَالْعِشَاءِ بِالْمَدِينَةِ، فِي غَيْرِ
خَوْفٍ، وَلَا مَطَرٍ» فِي حَدِيثِ وَكِيعٍ: قَالَ: قُلْتُ لِابْنِ عَبَّاسٍ: لِمَ
فَعَلَ ذَلِكَ؟ قَالَ: «كَيْ لَا يُحْرِجَ أُمَّتَهُ»، وَفِي حَدِيثِ أَبِي
مُعَاوِيَةَ: قِيلَ لِابْنِ عَبَّاسٍ: مَا أَرَادَ إِلَى ذَلِكَ؟ قَالَ: «أَرَادَ
أَنْ لَا يُحْرِجَ أُمَّتَهُ»
Meaning: From
Ibnu Abbas, he said: Rasulullah (peace be upon him), combining the prayer of zuhr
and ashr, maghrib and isya in Madinah, without any fear reason, or raining. In
hadith by Waqi’, he said: I said to Ibnu Abbas, “Why he (prophet) did it?” He (Ibnu
Abbas) said: “So it will not become burden to the ummah”. And in the hadith by
Abi Mu’awiyah, he said to Ibnu Abbas: “What he (prophet) wants form that?” He
said: “He wants to not burdening his ummah”. (HR Muslim number 705).
Yusuf Qardhawi
added, that the possibility of doing jama’ also possible in the time of winter
when the time between two prayers is really short or if there are difficulties to
perform prayer in each time for workers. Those are permitted as long as there are
burdens/ difficulties in it. Wallahu a’lam.
Refference:
1. Yusuf
al-Qardhawi, Fi Fiqh al-Aqalliyat al-Muslimah, Dar-Syuruq: Cair0, 2001, page 79.
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