QUESTION:

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

ANSWER:

بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب

It is harām (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 Hanafī 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 Bahār-e-Sharī’at that if one fears missing the Fajr prayer, it is impermissible for him to stay awake until late night without any legally valid need.

[Bahār-e-Sharī’at, vol. 1, part 4, pg. 701]

If someone misses salāh 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 makrūh (disliked).

The Messenger of Allāh ﷺ stated,

مَنْ نَسِيَ صَلَاةً، أَوْ نَامَ عَنْهَا، فَكَفَّارَتُهَا أَنْ يُصَلِّيَهَا إِذَا ذَكَرَهَا

“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.”

[Sahīh Muslim, no. 684]

It is stated in Bahār-e-Sharī’at that it is fard (obligatory) to make up a prayer that was missed due to sleep or forgetfulness. However, one is not sinful for the missed prayer. One 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 makrūh (disliked).

It is further stated that if a major part of the night was spent in wakefulness, and someone suspects that if one sleeps, one will not be able to wake up on time, then it is not permitted to sleep.

[Bahār-e-Sharī’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?

Also see:

[Q-ID0166] What are are the disliked times to pray Salah?

[Q-ID0331] What to do if little time for prayer remaining and you need to perform ghusl?

[Q-ID0359] What are the sunnah times of sleeping? Is it okay to sleep lying on the stomach?

[Q-ID0131] Is it Haram to sleep after having prayed Fajr?

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