What do the scholars and muftis of the noble Shari’ah say regarding the following matter; we have been told that if someone regularly misses the Fajr prayer, he/she can pray it soon after waking up, regardless of the time. Is this correct? Is it a sin if the Fajr salah was missed due to sleep?
Questioner: Zuhayrah from UK
بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب
It is haram (prohibited) and a major sin to regularly miss the Fajr prayer and offer it later (when its time has passed), without any legally valid excuse. The Hanafi jurists have even stated that if someone fears missing the Fajr prayer, it is not permissible for him to stay awake until late night without any legally valid need.
It is stated in Bahar-e Shari’at: “If one fears missing the Fajr prayer, it is impermissible for him to stay awake until late night without any legally valid need.” [Bahar-e Shari’at, vol. 1, part 4, pg. 701]
If someone misses salah due to sleep or forgetfulness, and it was not his fault (i.e. if he did not stay awake until late night), then it is necessary for him to make up for the prayer. However, he is not sinful for the missed prayer. He must pray the missed prayer upon waking up or remembering, if it is not a disliked time for prayer. Delay in offering the missed prayer is makruh (disliked).
The Messenger of Allah ﷺ stated:
مَنْ نَسِيَ صَلَاةً، أَوْ نَامَ عَنْهَا، فَكَفَّارَتُهَا أَنْ يُصَلِّيَهَا إِذَا ذَكَرَهَا
Translation: “He who forgets the prayer, or he slept (and it was omitted), its expiation is (only) that he should observe it when he remembers it.” [Sahih Muslim, hadith no. 684]
It is stated in Bahar-e Shari’at: “It is fard (obligatory) to make up a prayer that was missed due to sleep or forgetfulness. However, he is not sinful for the missed prayer. He must pray the missed prayer upon waking up or remembering, if it is not a disliked time for prayer. Delay in offering the missed prayer is makruh (disliked).”
It is further stated: “If a major part of the night was spent in wakefulness, and he suspects that if he sleeps, he will not be able to wake up on time, then it is not permitted to sleep.” [Bahar-e Shari’at, vol. 1, part 4, pg. 701]
واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری
Answered by Mufti Qasim Zia al-Qadri
Translated by the SeekersPath team
Read the original answer in Urdu here – [Q-ID0414] If I missed Fajr prayer due to sleep, do I make it up as soon as I wake up?