The Condition of a Sultan and His Permission for Jumu'a

Question

For the validity of the Jumu'a prayer, the existence of a sultan and the sultan's permission are a condition. Is this condition fard or wajib? Assuming it is fard or wajib, then when these conditions are absent, on the basis of which reliable and authoritative proofs is the Jumu'a prayer performed — as, for example, in India, where both these conditions are absent? For: [ar]إذا فات الشرط فات المشروط[/ar] “When the condition is lost, the conditioned is lost.

Answer

(1, 2, 3) Even some Hanafis have raised objections regarding this condition — [saying] that no proof for it was found — as Mawlana Bahr al-'Ulum said in “Rasa'il al-Arkan”: [ar]ولم أطلع على دليل يفيد اشتراط أمر السلطان[/ar] “And I have not come across any proof establishing the command of the sultan as a condition.

Source: Fatawa Mahmudiyya

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