#133: Ruling on Observing Qasr on a Journey that entails Disobedient to Allah
” Assalamu alaykum wa rahmatullahi wabarakaatuh…Concerning the answer on observing qasr in nysc camp, I think in the conditions there is “the journey should not entail disobeying Allah” so that people don`t misunderstand this fatwa. I should be cleared if I misunderstood the answer and conditions. Jazaakallahu Khyran”
*Answer*
Wa alaykumus salām Warahmatullāh Wabarakātuh
May Allāh grant you understanding and more Ilm for your observation.
The condition to which you referred on this matter is known and mentioned by some of the Imāms in their books.
Their reference for this is the Precept of their schools that _Rukhsah_ (dispensation) is only given by the Shāri’ (the Law-Giver) to facilitate our obedience to Him and not to disobey Him.
If therefore, the purpose of the journey is in disobedience of Allāh, Qasr which is a dispensation and a facilitation is therefore not to be given
This is the official position in the Shāfi’ī School
The author of the _Muhadhdhab_ said:
“And it is not permissible to observe the Qasr in a journey that involves sin.’_
Commenting, Imām An-Nawawī – rahimahullāh – said:
“Our fellow said: if a traveller goes out to sin on his journey such as his going out to rob, to kill Muslims illegally, rebelling against his master, breaking against her husband, in unfaithfulness to his binding contract inspite his ability to pay off his debt, or its like, it is not permissible for him to take to the Rukhsah of Qasr or other than it of the Rukhsah of Journeys. This goes without disagreement within the fellows (of our School) except for Al-Muzanī who permitted that for him.”
قال أصحابنا : إذا خرج مسافرا عاصيا بسفره بأن خرج لقطع الطريق أو لقتال المسلمين ظلما أو آبقا من سيده أو ناشزة من زوجها أو متغيبا عن غريمه مع قدرته على قضاء دينه ونحو ذلك لم يجز له أن يترخص بالقصر ولا غيره من رخص السفر بلا خلاف عند أصحابنا إلا المزني فجوز له ذلك
_”Our fellow said: if a traveller goes out to sin on his journey such as his going out to rob, to kill Muslims illegally, rebelling against his master, breaking against her husband, in unfaithfulness to his binding contract inspite his ability to pay off his debt, or its like, it is not permissible for him to take to the Rukhsah of Qasr or other than it of the Rukhsah of Journeys. This goes without disagreement within the fellows (of our School) except for Al-Muzanī who permitted that for him.”_.
The Shāfi’ī position is shared by both the Māliki and Hanbalī schools.
The position of the Kūfan schools: Al-Awzā’ī, Abū Hanīfah, Sufyan Ath-Thawrī, and others is unrestricted permission for whosoever is travelling without regard to the intention of the traveller.
What is correct, and Allāh knows best is the position held by the Kūfan Schools that it is permissible for all travelers, without regard to the intention they hold to observe the Qasr.
This is due to the generality of the Āyāt and Ahādith that permit the Qasr for the traveller without any restrictions.
This position we just mentioned is shared by Shayku Al-Islām Ibn Taymiyyah – rahimahullāh, Shaykh Muhammad Sālih Al-Uthaymīn and many others.
And for this reason, we did not mention that condition in our answer to the question you referred to.
Bārakallāhu fīkum.
Jazākumullāhu Khayran.
5th Rabiul Awwal 1438AH
