Question Summary:
Ruling on Second Jama’ah and Wudu of the Imam

Question Detail:

I live in the middle east. Here, when some one misses first jamat (congregation of salaah), second jamaat is made. This is widely practised here. Some times, there are people who do not do their wudu properly come and lead the prayers. If I join the congregation, Will my salaah be accepted?
First of all, should I pray in second jamaat? The second question is, If i pray behind such people, will my salaah be accepted? Thirdly, many people do not know the fardh of ghusul. If they do not do the ghusul properly, their wudu will also not be accepted? If such people lead the prayers (I do not know whether the Imam knows the fardh of ghusul), should I pray behind them? Sometimes, the garment of Imam is very long and covers their toes also. What should I do?

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
 
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
1). There are seven situations of performing second Jama’ah in the Masjid; the ruling of each one is mentioned hereunder.[1] Performing second Jama'ah in:
1)     a Masjid Al Tareeq: This refers to a Masjid constructed for travelers; it does not have an Imam and neither do local people regularly perform Salah in it. 
2)     a Masjid which does not have an appointed Imam and Mua’zzin.
3)     a Masjid which has an appointed Imam and local people perform Salah in it; non-residents performed the first Jama’ah.
4)     a Masjid which has an appointed Imam and local people perform Salah in it; the local people performed the first Jama’ah without Azaan or without proclaiming the Azaan in an audible tone.
 
In the above mentioned four situations, it is preferable to perform the second Jama'ah.
 
5)     a Masjid which has an appointed Imam and local people perform Salah in it; the local people performed the first Jama’ah with Azaan and the second Jama’ah is also performed with Azaan.
6)     a Masjid which has an appointed Imam and local people perform Salah in it; the local people performed the first Jama’ah with Azaan, and the second Jama’ah is performed without Azaan. However, the Imam (of the second Jama’ah) stands in or inline with the Mihrab, whether in the first row, the last row or anywhere in between.
 
In the above two cases the second Jama’ah is Makrooh Tahreemi (not permissible)[2].
 
7)     a Masjid which has an appointed Imam and local people who perform Salah in it; the local people performed the first Jama’ah with Azaan and the second Jama’ah is performed without Azaan and the Imam does NOT stand in or in-line with the Mihrab. In other words, the Imam of the second Jama’ah stands either towards the right side or the left side in the Masjid.
 
In this situation, the second Jama'ah is Makrooh Tanzihi (undesirable). 
 
In cases 5, 6 and 7, one may do one of the following[3]:

* Shari'ah has placed great importance and value in the official congregation; re-congregating will decrease the importance of the official congregation.
2). What do you mean by "proper Wudu/Ghusl"? Generally, a Muslim would know how to perform Wudu and Ghusl. There is no need to doubt the validity of another Muslim's Wudu on the basis of mere suspicion. One is responsible to ensure that his own Wudu is performed in accordance to the Sunnah, and that he is concentrating in his Salah.
However, if the Wudu is valid according to the Mazhab of the Imam and invalid according to the Hanafi Mazhab, it will not be permissible for the Hanafi to follow the Imam if he is aware of the state of the Imam's Wudu;[5] the same will apply to Ghusl. One should not base his decision on mere speculation (especially in regards to Ghusl), as this will lead to unnecessary difficulties.
Note: The Imam must be from Ahl Al Sunnah Wa Al Jama'ah.
Isbal Al Izar (garment hanging below the ankles) is prohibited.[6] However, Salah behind an Imam who is guilty of Isbal Al Izar will be valid.
And Allah Ta’āla Knows Best
Hisham Dawood
Student Darul Iftaa
Chicago, U.S.A.
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net