Question Summary:
1. How can we justify the negation of recital of surah fatih behind the imam, when there is authentic hadith in Sahih Muslim Narrated by Abu Hurairah (Ra) as….2. How can we justify not saying Amin Loudly when there is authentic hadith in Muslim Sharif ….

Question Detail:

I am the muqalid of Madhab Hanfia (inshallha) and hava some question's to get answer from you.

1. How can we justify the negation of recital of surah fatih behind the imam, when there is authentic hadith in Sahih Muslim Narrated by Abu Hurairah (Ra) as
Book 004, Number 0775:
Abu Huraira reported: The Apostle of Allah (may peace be upon him) said: If anyone observes prayer in which he does not recite Umm al-Qur'an, It is deficient [he said this three times] and not complete. It was said to Abu Huraira: At times we are behind the Imam. He said: Recite it inwardly, for he had heard the Messenger of Allah (may peace be upon him) declare that Allah the Exalted had said: I have divided the prayer into two halves between Me and My servant, and My servant will receive what he asks. When the servant says: Praise be to Allah, the Lord of the universe, Allah the Most High says: My servant has praised Me. And when he (the servant) says: The Most Compassionate, the Merciful, Allah the Most High says: My servant has lauded Me. And when he (the servant) says: Master of the Day of judg- ment, He remarks: My servant has glorified Me. and sometimes He would say: My servant entrusted (his affairs) to Me. And when he (the worshipper) says: Thee do we worship and of Thee do we ask help, He (Allah) says: This is between Me and My servant, and My servant will receive what he asks for. Then, when he (the worshipper) says: Guide us to the straight path, the path of those to whom Thou hast been Gracious not of those who have incurred Thy displeasure, nor of those who have gone astray, He (Allah) says: This is for My servant, and My servant will receive what he asks for. Sufyan said: 'Ala b. 'Abd al-Rahman b. Ya'qub narrated it to me when I went to him and he was confined to his home on account of illness, and I asked him about it.
2. How can we justify not saying Amin Loudly when there is authentic hadith in Muslim Sharif that if the Saying of Amin of a praying person synchronizes with that of Angels , his all previous sins will be pardoned. . Is it allowed as per  Hanfia school of thought to tie ones hands below the naval when saying "Rabana lakal hamdu hamdan kathiran tayban mubarkan feeh" immediately after rukhu instead of leting ones hand hanging free.
 

Answer :

In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh

We as muqallideen of Imaam Abu Hanifa do not reject the authentic hadith of Sahih-Muslim, rather after analyzing the different ahadith of this topic, our Fuqaha and scholars have put each hadith in perspective and have acted upon each one accordingly.
Hereunder is a brief explanation and reasoning of Imaam Abu Hanifa not supporting the view of reciting surah Faatiha behind the Imaam.
1.      Allah Ta’aala mentions, “When the Quraan is recited, listen attentively and remain silent”. (Al ‘A’raaf, verse 204)
 
It is reported from Ibn Mas’ood (RA), Ibn Abbaas (RA) and Abu Hurairah (RA) that this verse was revealed regarding salaah i.e. a person should not recite any Quraan whilst standing behind an Imaam. (Tafseer ibn Jareer At Tabari, 163-6)
 
2.      Hazrat Abu Musa (RA) reports that the Prophet (sallallahu alayhi wasallam) taught them, “When you stand for salaah, then one of you should lead the prayer. When the Imaam recites the Quraan, then remain silent”. (Sahih-Muslim, Musnad Ahmed)
 
This hadith clearly proves that in those salaah in which the Imaam qiraat is audible, the muqtadis (followers) should remain silent.
 
3.      Hazrat Imraan bin Hussain reports that the Prophet (sallallahu alayhi wasallam) once lead the zuhr salaah. A man at the back began to recite surah A’laa. When the salaah was completed, the Prophet (sallallahu alayhi wasallam) asked, “Who was reciting the Quran?” The man replied, “It was me!” The Prophet (sallallahu alayhi wasallam) said, “I thought as much that one of you tried to dispute with me (reciting while I am reciting)”. (Sahih Muslim)
 
This hadith proves that the muqtadi should also remain silent in those salaah wherein qiraat of the Imaam is not audible.
 
4.      Hazrat Jaabir (RA) reports that the Prophet (sallallahu alayhi wasallam) said, “The one who has an Imaam in salaah, then the recitation of the Imaam will suffice his recitation (Tahaawi, Muwatta of Imaam Muhammad)
 
Recitation of Quran in salaah is fard (compulsory) upon the Imaam and muqtadi, but this duty of the muqtadi falls away since the recitation of his Imaam suffices his recitation. Therefore, there is no need for a muqtadi to recite behind an Imaam.
 
5.      Ataa bin Yasaar once asked Zaid bin Thaabit (RA) regarding reciting Quraan whilst standind behind an Imaam. He replied, “There is no recitation at all, whilst behind an Imaam”. (Sahih-Muslim, Chapter of Sajdah-Tilaawah)
 
6.      The Author of Umdatul-Qaari has recorded up to eighty sahabah who had left out recitation of Quraan whilst standing behind the Imaam.
After a brief overview of the ahadith regarding this topic, our Fuqaha explain that, those ahadith which command a person to recite surah Faatiha refer to a person performing salaah individually. If a person is following an Imaam, he should not recite any Quran.
Our response to the hadith which you quoted- This hadith is of two parts:
1.      The statement of Nabi (sallallahu alayhi wasallam) i.e. “If a a person does not recite Ummul-Quraan in his salaah, it is deficient”.
 
This statement refers to a person performing salaah individually since the other ahadith prohibit a person from reciting Quran whilst behind the Imaam. The explanation was given by Imaam Ahmed bin Hambal (Tirmizi, 71-1) 
 
2.      The statement of Abu Hurairah (RA) i.e. “Recite Ummul-Quraan inwardly”.
 
This was the opinion of Abu Hurairah (RA) which contradicts many ahadith of the Prophet (sallallahu alayhi wasallam). Therefore we do not act upon this statement of Abu Hurairah (RA). Probably Abu Hurairah (RA) was unaware of the ahadith which prohibit recitation of Quraan behind the Imaam.
 

The hadith of Sahih-Muslim which you quoted is general, and in no way proves reciting ‘Ameen’ loudly.
Nevertheless, our Hanafi scholars act of the hadith of Shu’bah, who reports from Waa’il bin Hujar that when the Prophet (sallallahu alayhi wasallam) recited ‘Ameen’, he lowered his voice and recited it softly. (Tirmizi) 
-   Ameen is a dua, and the best form of dua which is made softly as Allah mentions, “Make dua unto Akkah with humility and in secret softly. (Al’ A’raaf, verse 55)
 
-   On a few occasions, Nabi (sallallahu alayhi wasallam) did recite ‘Ameen’ loudly, in order to teach the sahaba the correct method and manner of reciting ‘Ameen’.
 
-   It is possible that in the beginning stage of Islaam Nabi (sallallahu alayhi wasallam) would recite ‘Ameen’ loudly, and towards the latter stage of his life he recited Ameen softly, and this is supported by the fact that Hazrat Waa’il bin Hajar had visited Nabi (sallallahu alayhi wasallam) twice. On the first visit, he head Nabi (sallallahu alayhi wasallam) reciting Ameen loudly, and on the second visit, which was after a while, he heard Nabi (sallallahu alayhi wasallam) reciting Ameen softly (Ma’aariful-Madinah, Vol 5, pg 32).
 
-   Hazrat Umar (RA), Ali (RA) and Ibn Mas’ood (RA) would recite ‘Ameen’ softly, and certainly they had learnt this from Nabi (sallallahu alayhi wasallam).
In conclusion, our Fuqaha have preferred that a person recites ‘Ameen’ softly.

And Allah knows best
Wassalam
Talha Desai
Student 6^th Year
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah