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At Odds with History: American Narratives of Torture and Human Rights in Wake of the ‘Torture Report’

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By Dr Maha Hilal

 

Last week, the Senate Select Committee Intelligence released a report on the detention and interrogations programs that were run by the CIA post 9/11. The long awaited report provides details on horrific acts of torture that were endured by prisoners held captive by the CIA, including, but not limited to, rectal feeding, threats of harm to prisoners’ family members, and prolonged standing. In a particularly egregious act of torture, a prisoner named Gul Rahman was left to freeze to death.

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While the report describes the torture that CIA prisoners endured, it also provides evidence to support its conclusions that the measures taken by the CIA were not only ineffective, but that they were also done without congressional approval and the knowledge of government institutions such as the Department of Justice.

The release of this torture report represents an important moment in terms of government transparency and accountability in the United States. However, the language used in the report, as well as the discourse that has emerged around it, signifies that in many ways, Americans continue to see acts of violence perpetrated by their government as discrete acts in times fueled by threats to national security or otherwise, rather than being of a systematic nature. This belief has many consequences, chief among them being that the root of such acts of violence is never fully addressed and thus goes on unabated and perhaps most dangerously, is performed as a matter of policy.

Rather than delving deeply into the details of the report, this analysis will focus on deconstructing some important ideas that have come forth through the release of the report.

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Having read the key findings of the report and with respect to crimes committed by the Bush administration, there appears to be little evidence suggesting that anyone in his administration would have actively opposed the CIA’s program had they known about its breadth and scope. Several facts help support this assertion. For example, immediately after 9/11, President Bush signed a Memorandum of Notification, giving the CIA what the torture report refers to as “unprecedented authorities, granting the CIA significant discretion in determining whom to detain, the factual basis for the detention, and the length of the detention” (pg.11).

In addition to granting the CIA a significant degree of autonomy, President Bush issued a memorandum in early 2002 that restricted the rights of captured prisoners, thus setting the bar extremely low in terms of standards of treatment. The memo of reference here is one that deemed al-Qaeda and Taliban prisoners as exempt from Geneva Conventions Protections, thus allowing for more egregious treatment of prisoners – in addition to providing a legal cover to those ordering and committing acts of torture. The standards of treatment were outlined in a memo that was co-authored by former Assistant Attorney General Jay S. Bybee on behalf of the Office of Legal Counsel, which narrowed the definition of torture to, “death, organ failure or the permanent impairment of a significant body function.” Though the memo was widely condemned upon its release, the Bush administration used it for a little under two years as the guide to its actions.

Past evidence during the tenure of the Bush administration casts doubt on the degree to which this administration would have opposed the CIA’s torture program, while a recent interview with Dick Cheney suggests the same. For instance, in an interview with Chuck Todd, Cheney is confronted about the findings of the torture report and actively dismisses all of its claims. Further, when questioned about whether specific acts described in the report amounted torture, he evades the question, stating that, “in my mind, I’ve told you what meets the definition of torture. It’s what 19 guys armed with airline tickets and box cutters did to 3,000 Americans on 9/11…”

It is indeed worth pondering whether or not the Bush administration and other government officials would have opposed the CIA’s torture program had they known the entirety of it. However, an equally important and necessary follow-up includes the question of accountability. In other words, does it really matter whether or not certain officials in the government were privy to the details of the program if the culture of impunity continues? Further, how can we even begin to address the question of accountability when the U.S. government is still practicing torture under Obama’s leadership? Where does accountability begin and where does it end? If our history teaches us anything, similar to the crimes of all administrations and government agencies in the past, the CIA’s crimes will be swept under the rug, not only to quiet its opponents, but also to carefully avoid questions that would necessarily involve holding those at the highest ranks of power accountable.

The goal of sweeping crimes under the rug is not limited to evasion of accountability. It is also used to present similar actions as exceptional in their occurrence and scope. In doing so, these acts of violence are viewed in a vacuum without historical context that position these acts as part of an entirely American legacy. The CIA itself provides the most conclusive information that torture is not new a practice, through its development of its interrogations manual in 1963, called Kubark. Initially developed in the context of the Cold War, the manual outlines coercive techniques that include “arrest, detention, deprivation of sensory stimuli through solitary confinement or similar methods, threats and fear, debility, pain, heightened suggestibility and hypnosis, narcosis and induced regression” (pg. 85).

Despite the existence of the Kubark manual, the consistent narrative that has been promoted is that the practice of torture emerged almost entirely after 9/11. In dispute of this idea, several scholars have examined torture in America’s history – such as Michael Otterman, author of the book titled American Torture, and Alfred McCoy, author of A question of torture: CIA interrogation from the Cold War to the War on Terror. Both books trace the practice of torture as utilized from the Cold War to intervention in Latin America in the 1980’s. Moreover, as McCoy’s book notes, torture tactics by the CIA have evolved to include psychological torture, signifying the refinement of the practice.

Understanding the practice of torture by the U.S. in context is important not only for an accurate understanding of history, but also in assessing the claims that these egregious acts will be discontinued. For example, in the torture report, Senator Feinstein writes, “it is my sincere and deep hope that through the release of these Findings and Conclusions and Executive Summary that U.S. policy will never again allow for secret indefinite detention and the use of coercive interrogations” (pg. 3). This statement serves to reaffirm the idea of torture as somehow new and exceptional in American policy. Further, her assertion operates with the premise that knowledge of such is enough to prevent future abuses, despite any evidence that individuals responsible for torture, whether in the CIA or other government agencies, have been held accountable (with the exception of a handful of so called “bad apples,” who were punished as a result of torture committed at the Abu Ghraib prison in Iraq).

The narrative of torture as new and exceptional is part of a broader discourse that positions the United States as a global leader in human rights. Referring to the costs of CIA’s torture program, the report states that it “caused immeasurable damage to the United States’ public standing, as well as to the United States’ longstanding global leadership on human rights in general and the prevention of torture in particular” (pg. 16). This narrative performs a particularly important goal with respect to the American psyche and the relationship of the U.S. government to other countries. In the case of the former, it sustains the idea that human rights abuses by the U.S. government are the exception; and in the latter, this idea is extended to provide justification for intervention in other countries’ affairs.

The analysis above sought ultimately to deconstruct some of the problematic narratives that are intertwined in the torture report itself and in broader discussions surrounding it. Beyond some of the most conflicting and problematic ideas put forth, there are nonetheless several extremely troubling aspect of these revelations and the subsequent discussions that have gone untouched. One, as mentioned above, is the continuance of the practice of torture. Little if any of the discourse has shifted to address ongoing abuses by the Obama administration. The silence surrounding this fact suggests that the political climate is only keen on exposing abuses, but non-committal to prosecuting and holding abusers accountable. Another noticeable absence in the discourse around the release of the report and the general debate on torture in the United States is the fate of survivors of torture, including those in detention and those who have been released. While we continue contemplating our identity as a country, we must necessarily include discussions beyond accountability in order to rectifying the harm that we have caused to many individuals. Absent this effort, concern for addressing past crimes of torture will rightfully be seen as disingenuous and, perhaps more troubling, truly emblematic of American justice.

 

Maha Hilal recently earned her doctorate from the Department of Justice, Law and Society at American University in Washington, D.C.  The title of her dissertation is “Too damn Muslim to be trusted”:  The War on Terror and the Muslim American response.  Her expertise and research interests are in the fields of conflict resolution, human rights, and public policy. Maha received her Master’s Degree in Counseling and her Bachelor’s Degree in Sociology from the University of Wisconsin-Madison.  She has worked at a number of human rights/social justice organizations including the Center for Victims of Torture, the National Religious Campaign Against Torture, and the Government Accountability Project.  Maha was previously a Christine Mirayan Fellow at the National Academy of Sciences as well as a recipient of the Department of State’s Critical Language Scholarship for Arabic study in Morocco.  She is currently the Career Development Officer with the Torture Abolition and Survivors Support Coalition.  Follow her on Twitter @mahmooha2013

 

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5 Comments

5 Comments

  1. Pingback: Civil Freedoms – Issue No. 328-December 19, 2014

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    M. Mahmud

    May 6, 2015 at 1:33 AM

    Looks like American Justice is ahypocritical Joke(who would have guessed?).

  5. Pingback: » The Stories We Tell: Guantanamo Bay In Normative American History And The Present

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#Current Affairs

This Eid And Beyond Boycott Goods Made With Enslaved Labor Of Uyghurs Even If It Is Your Favorite Brand

Bidding farewell to Ramadan, celebrating Eid?

Well, the Muslims of East Turkestan under Chinese occupation had neither Ramadan nor will they have Eid…

Not only that, the Chinese Communist Party (CCP) run government has transferred Uyghurs and other ethnic minority citizens from East Turkestan to factories across the country. Under conditions that strongly suggest forced labour, Uyghurs are working in factories that are in the supply chains of at least 83 well-known global brands in the technology, clothing and automotive sectors, including Nike, Gap, Adidas, Ralph Lauren, Carters and others. Read Uyghurs for Sale for more information

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CCP is also pressuring governments across the world to extradite Uyghurs back to occupied East Turkestan.

Here is what you can do to help them:

Action Items

  1. Keep making dua for the oppressed of East Turkistan and the world.
  2. Boycott Chinese products! Do not be complicit in slave labour. Start with focusing on the companies in the graphic. Share it with #SewnWithtTears, #StopChina, #BoycottChina. Write to them and demand that they do better.
  3. Raise awareness on the plight of Uyghurs and the East Turkistani cause. Learn more at SaveUighur.org
  4. Work towards reducing your country’s economic dependence on China.
  5. Build alliances with all people of conscience to demand a cessation of China’s oppression of all faith groups, be it Muslim Uyghur, Hui; Chinese Christian; or Tibetan Buddhist.
  6. Encourage and promote fairer trade and commerce with Muslims and others rather than China.
  7. Inquire about Uyghur diaspora members in your area. Organize to help out orphans, widows, and students.
  8. Pressure governments to provide legal protection to Uyghur refugees-exiles by granting either citizenship or refugee/asylee status. Stop the “extradition/repatriation” of Uyghurs to China!
  9. Get your universities/endowments to divest from China. Raise awareness about Chinese espionage and hired guns in academia. Demand academic and financial support for Uyghur scholars and students. Request more academic attention and funds for Central Asian, Uyghur, Turkistani studies. 

Read a greater discussion of action items in A Response to Habib Ali Al-Jifri’s Comments on the Uyghurs, which also contains a greater discussion on East Turkistan’s history and its current situation. A condensed Arabic version of the article can be found here

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Coronavirus

Alternative Eid Celebrations In The Midst Of A Pandemic

“Eid-al-Quarantine” is what my sister has so fondly dubbed our upcoming Eid al Fitr this year. I find myself asking, “How are we going to make Eid a fun and special celebration this year in the midst of a dangerous pandemic?” With a little bit of creativity and resourcefulness, this Eid can be fun–no matter the current circumstances. This post will provide you with some inspiration to get your alternative Eid preparations underway! 

Special note: Shelter-in-place restrictions are lessening in many places in the United States, but this does not give us the green light to go back to life as normal and celebrate Eid in the ways we usually would have in the past. I am no health expert, but my sincerest wish for all Muslims throughout the world is that we all err on the side of caution and maintain rigorous precautions.

In-person gatherings are going to be much riskier in light of public health safety concerns. I do not recommend that people get together this Eid. Keep in mind, as well, that this is a big weekend for all Americans, as it is Memorial Day Weekend and crowds may be expected in places like parks and beaches. 

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Eid Day Must’s

Just because you are staying in, doesn’t mean that all of the Eid traditions have to go. Some may be exactly the same, some may be slightly adjusted this year. 

  • Get dressed up, even if it’s just for an hour or two. This might be a good chance to do hair and make up for sisters who normally don’t on Eid because of hijab or other modesty concerns. 
  • Take your family pictures, as usual. 
  • Decorate your house, even if it’s just with some fresh flowers in a vase or hanging up some string lights. (This time, I think sharing pictures of your setup may  have some more wiggle room.)
  • Find a way to pray Eid salah at home, if your local imam mentions a way to adapt for the current situation or check out this MM article
  • Eat some good food, and make sure to feast. 
  • Take that infamous Eid nap. 
  • Greet loved ones (phone calls, video calls, text messages, voice/video messages, make and send Eid cards).
  • Give and receive gifts. (Electronic ways to transfer money/checks in the mail, dropping off gifts to homes/sending gifts in the mail/having an online order pick-up in-store. You may also choose to do a gift exchange, if not this weekend, next). 

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Virtual Parties

Virtual celebrations are a great, safe, option. The best thing about virtual hangouts is that people from all over the world can “come together” to celebrate Eid. This can be as simple as talking and catching up, or can be as orchestrated as a full-out party including games. Keep in mind, the games and virtual parties aren’t only for the kids–everyone should have fun this Eid! We recently threw a virtual birthday party for our one-year-old and it was quite the experience. 

  • Split guests into different calls (kids’ call, adults’ call; men’s call, women’s call)
  • Party agenda for a rigorously planned party so everyone knows what to expect
  • Party games, either with certain items that everyone has (or can easily and quickly purchase) or games that do not require much else besides an internet connection 
    • Games requiring physical items (think of items that everyone is likely to have and think of carnival-type games):
      • Soccer ball juggling or basketball shooting competition
      • Water balloon toss
      • Timed races (three-legged, holding an egg in a spoon, etc.)
    • Games with little to no special equipment
      • Online Pictionary https://skribbl.io/
      • Online Scrabble
      • Video games
      • Charades
      • Taboo (we do this for our cousin game nights with pictures of cards that one person sends to people from the opposite team)
      • Scattergories
      • Bingo
      • Mad libs
      • Speaking games that take turns going around a circle (going through the alphabet saying names of animals or colors or foods, rhyming words [we played the last two lines of “Down by the Bay” for our son’s birthday party])
      • Movement game (Simon says, dancing if you’re into that [“Cha Cha Slide,” dance-off, passing along dance moves as was a TikTok trend I heard of, simply dancing…])
      • Games like in Whose Line is it Anyway? or like the “Olympics” (specifically the “middle games”) that I wrote about way back
  • Performances
    • Skits prepared by one family or even across households
    • Reciting a poem or surah or singing
    • Other showcases of talent, by individuals or not
  • Gift Exchanges (I’ve been doing this virtually since 2013 with friends/distant family members.)

Alternative Virtual/Group Celebrations

Being “together” isn’t always gathering for a party, and that’s what I think most people miss during the forced isolation caused by the pandemic. There are many things you can do to get ready for or celebrate Eid with loved ones even if you’re not together. 

  • Share special recipes with each other or plan to serve the same meals.
  • Coordinate Eid outfits or attempt to do matching henna designs.
  • Send Eid pictures to family and friends.
  • Prepare and cook meals or clean or decorate while on a video call (you don’t have to be talking the entire time).
  • Watch the same movie or show (whether that’s something everyone does as separate households or you do concurrently/even with a video or phone call running. This might be a good time to watch Hasan Minhaj’s “Homecoming King” and do the 10 things it invites us to do.)
  • Go through family pictures or old videos together. Maybe even create a short slideshow/video of your favorites. 
  • Story time full of family legends and epic moments (the best Eid, a difficult time of sickness, immigration or moving story, new baby in the family, etc.). Someone build the fire and get the s’mores going.

Alternative “Outings”

In the same breath, it’s so refreshing to go out and do something fun, not just stay cooped up in your house, right? Seriously. 

  • Check out a virtual museum tour
  • Go on a nice drive to some place you love or miss going to, like drive by the masjid or school or a beautiful area (but stay in your car if there are other people around)
  • Watch an Eid Khutbah (or a regular one) on Eid day (make it special by listening outside in your yard or as a family where you pray).
  • Create a movie theater experience inside the home (that might just mean some popcorn and homemade slushies).
  • Get carry out from a favorite restaurant (if it’s open), and finally have the motivation to take a longer drive if needed
  • Make fruit or gift baskets for friends and family and drop them off at their homes
  • A “paint night,” or some other craft, that everyone in the family participates in
  • Decorate your car and drive around to show it off to friends (I’ve heard there’s an actual Eid car parade at various masaajid in Chicago

Interesting Alternative Community Celebrations I’ve Heard About

Some communities are getting super creative. As I mentioned above, a handful of masaajid in Chicago (Orland Park Prayer Center, Mosque Foundation, and Islamic Center of Wheaton as well as Dar Al Taqwa in Maryland) are putting together Eid drive-thru car parades. I’ve heard of different communities, whether officially sponsored by the masjid or just put together by groups of individuals, having a drive-in Eid salah, in which families pray in their cars in a rented drive-in theater or parking lot (Champaign, Illinois and a community in Maryland). I’m  definitely impressed with that last option, and I’m waiting to hear about more creative ways to get together and worship and celebrate.

So, what am I doing for Eid (weekend) this year? All the must’s, inshaAllah, including getting extra dolled up and making donuts from biscuit dough. A “game night” (virtual party) with alumni from my MSA. A gift exchange party with my cousins as well as another gift exchange party with classmates from my Arabic program (we’ll send unboxing videos out instead of meeting at the same time.) Check out a local college campus we’ve been dying to drive around. Binge a few episodes of Avatar: The Last Airbender newly released on Netflix and do some online Memorial Day sale shopping. Le’s put a tentative on all of those, haha.

At the end of the day, Eid al Fitr is about acknowledging the month of worship we engaged in during Ramadan and spending quality time with loved ones. It doesn’t really matter what that quality time looks like–as long as it is intentional, this Eid will be special no matter what, inshaAllah. Who knows, this might be one of the best, most memorable holidays ever!

Eid Mubarak!

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#Islam

Eid Prayer During the Pandemic

Introduction

We have observed a Ramadan that was unlike anything we have experienced before. The community and individuals everywhere have shown dedication, commitment, and creativity. We learned to pray tarāwīḥ on our own in our homes. We read the Qur’an everyday consistently. We attended daily lectures and reminders delivered by our imams, teachers, and scholars online. We gathered virtually to hold iftars and check in on each other. We donated to our organizations to gain the blessings of charity in Ramadan. All of this and more is only possible through the guidance of Allah and resilience of our faith.

We now find ourselves approaching Eid al-Fitr. Eid is an occasion of celebration, joy, gathering, and gratitude to Allah for his countless blessings. We all have cherished memories of past days of Eid. However, we face the prospect of an Eid that is difficult and challenging. Similar to our mindset in Ramadan, we can and should find a way to have a joyous and meaningful Eid. Shāh Walīullah al-Dihlawi writes in his Hujjatullah al-Bālighah, “Allah provided us with two days of celebration that commemorate the markers of the Islamic tradition. He associated celebration with the remembrance of Allah and acts of devotion on the day of Eid, ensuring that the congregation of believers would not be for mere vanity. Rather, the gathering of Muslims would revolve around exalting the Word of Allah.”

The Obligation of Eid

The scholars of the four major schools of thought have differed regarding the obligation of the Eid prayer. Their differences stem from their methodologies in interpreting the verses of the Qur’an and the Prophetic tradition ﷺ. The Shāfiʿī and Mālikī schools agree that the Eid prayer is an established Sunnah of the Prophet ﷺ, and the prayer is highly recommended for every individual to attend.[1] However, the Ḥanafī school has deemed the prayer as wājib, necessary, for every believing man of age.[2] The Ḥanbalī school has ruled the Eid prayer as farḍ al-kifāyah[3].[4] 

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The Prophet Muhammad ﷺ prayed the Eid prayer in congregation with the Companions from the time it was prescribed until he passed. The Ḥanafī school has considered this consistency demonstrated by the Prophet ﷺ as an indication that the Eid prayer cannot be merely a recommendation. Additionally, the Prophet ﷺ did not go out of his way to inform his Companions of the lack of obligation as he did with ṣalāh al-tarāwīḥ.[5] The scholars of the Ḥanbalī school referenced the command in the Qur’an, “Pray to your Lord and sacrifice,”[6] and concluded the Eid prayer is farḍ al-kifāyah.

The Shāfiʿī and Mālikī schools quote a well-known Hadith of the Prophet ﷺ in which he informs an inquisitive Bedouin regarding the Islamic mandates. The Prophet ﷺ tells the man about the five obligatory daily prayers. The man asks the Messenger ﷺ if there are any additional prayers that are required and he responds, “All other prayers are optional.”[7] Therefore, they regard the Eid prayer as voluntary.[8] 

The Khutbah of Eid

On the day of Eid, it is recommended, according to the majority of scholars, to have a khutbah given by the Imam. The Imam advises the people in the congregation and reminds them of Allah and His Messenger ﷺ. Unlike the Friday khutbah, the Eid khutbah is given immediately after the congregational prayer is completed. The Friday khutbah is considered an essential pillar of the Jumu’ah obligation. However, the scholars of the four major schools have all come to the conclusion that the khutbah on the day of Eid is not required for the validity of the Eid prayer.[9]

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Congregations

The following question has emerged in light of our current situation: Are we excused from the obligation to gather together and worship Allah for Friday, Eid, and congregational prayers? Is the concern regarding the spread of COVID-19 a legitimate reason for individuals to not attend religious services in person?

The scholars of the Ḥanafī school list reasons that excuse individuals from attending congregational prayers. The list includes inclement weather, sickness, paralysis, old age, and notably, fear of harm. It is reported in an authentic Hadith that the Prophet ﷺ once excused the Companions from attending congregational prayers by instructing the Mu’adhdhin to call the adhān and announce, “Pray in your homes.”[10] The Ḥanafī scholar al-Ṭahṭāwī uses this Hadith as proof that those exposed to immediate danger should be excused from congregational prayer, including Friday and Eid prayers.[11]

Al-Shurunbulālī[12] reminds us that the reward is still obtained by individuals who are not able to attend due to challenging circumstances. If an individual is prevented from fulfilling an obligation due to an acceptable and valid excuse, that person will still be rewarded (if Allah wills) according to his or her intention.[13] The Prophet Muhammad ﷺ taught us, “Actions are rewarded based on their intentions. Every person will be rewarded according to his or her intention.”[14]

Recommended Eid Rituals

While our ability to congregate for Eid may be limited, this should not prevent us from observing the rituals recommended in our tradition.[15] 

  1. Supplicate to Allah ﷻ the night before Eid and ask Him for forgiveness for any shortcomings.
  2. On the morning of Eid, recite the Takbīrāt of Eid[16], glorifying Allah and rejoicing in the occasion.[17]
  3. Take a shower and celebrate by donning your best garments. It is also customary to apply perfume.
  4. Demonstrate the end of the month of fasting by eating something after Fajr on the morning of Eid. The Prophet Muhammad ﷺ would not leave his house on the day of Eid without eating some dates.[18]
  5. Be kind and generous.
  6. Congratulate others.
  7. Fulfill your obligation of contributing zakat al-fir before the morning of Eid. The majority of scholars are in agreement that zakat al-fir is mandatory for every believer male or female, young or old.[19] This serves the purpose of uniting Muslims on the day of Eid so they may celebrate regardless of financial circumstances.

Requirements to Conduct Eid Prayer

When performing the Eid prayer, one should, first and foremost, observe the requirements of ritual prayer (ṣalāh) such as being in a state of purification and facing the qiblah. The scholars have agreed that the prescribed time of the Eid prayer begins shortly after sunrise and ends before Ẓuhr time starts.[20] 

For the validity of the Eid prayer, the scholars among the Shāfiʿī, Mālikī, Ḥanbalī,  and Ḥanafī schools have stipulated: the prayer should be conducted during the prescribed time of Eid prayer.[21] The Ḥanafīs and some Ḥanbalīs[22] have additionally stated that the Eid prayer must be conducted in a group.[23] The Ḥanafīs specified that this requirement is fulfilled with 2 or 3 adult males other than the imam.[24] Moreover, the Ḥanafī scholars have stated that an Eid prayer should be accessible by the general public and not be in a restricted or an exclusive space.

Conducting the Eid Prayer

The Eid prayer itself is conducted very similarly to any other congregational prayer. The four major schools agree that the Eid prayer should be performed out loud with 2 rak’āt, units of prayer, just like the Fajr congregation. However, there is a difference of opinion in regards to the number of extra takbīrāt that are said in the Eid prayer. The format of the prayer has been detailed below based on the different opinions.

Mālikīs[25]

  • Make wuḍū’, face the qiblah and begin the prayer with Allāhu akbar
  • Perform 6 additional takbīrāt[26], say Allāhu akbar for each takbīrah
  • Recite Surah al-Fatihah and an additional surah out loud
  • Finish the first rak’ah
  • After standing for the second rak’ah, perform 5 additional takbīrāt, say Allāhu akbar for each takbīrah
  • Recite Surah al-Fatihah and an additional surah out loud
  • Complete the prayer as usual

Ḥanbalīs[27]

  • Make wuḍū’, face the qiblah and begin the prayer with Allāhu akbar
  • Perform 6 additional takbīrāt, raise your hands and say Allāhu akbar for each takbīrah
  • Recite Surah al-Fatihah and an additional surah out loud
  • Finish the first rak’ah
  • After standing for the second rak’ah, perform 5 additional takbīrāt, raise your hands and say Allāhu akbar for each takbīrah
  • Recite Surah al-Fatihah and an additional surah out loud
  • Complete the prayer as usual

Shāfiʿīs[28]

  • Make wuḍū’, face the qiblah and begin the prayer with Allāhu akbar
  • Perform 7 additional takbīrāt, raise your hands and say Allāhu akbar for each takbīrah
  • Recite Surah al-Fatihah and an additional surah out loud
  • Finish the first rak’ah
  • After standing for the second rak’ah, perform 5 additional takbīrāt, raise your hands and say Allāhu akbar for each takbīrah
  • Recite Surah al-Fatihah and an additional surah out loud
  • Complete the prayer as usual

Ḥanafīs[29]

  • Make wuḍū’, face the qiblah and begin the prayer with Allāhu akbar
  • Perform 3 additional takbīrāt, raise your hands and say Allāhu akbar for each takbīrah
  • Recite Surah al-Fatihah and an additional surah out loud
  • Finish the first rak’ah
  • After standing for the second rak’ah, recite Surah al-Fatihah and an additional surah out loud
  • Perform 3 additional Takbīrāt, raise your hands and say Allāhu akbar for each takbīrah
  • Say Allāhu akbar and bow into rukū’
  • Complete the prayer as usual

Conclusion

Eid is an occasion of glorifying Allah, praying for the acceptance of our deeds, and enjoying the blessings of Allah. It is a day to spend time with family and loved ones. The regulations of social distancing have limited our ability to congregate and spend time together as a community. However, these restrictions do not prevent us from fulfilling the rituals and traditions of Eid.

We recommend that every Muslim observes the Eid rituals as mentioned above. It has been authentically reported that the Companion of the Prophet ﷺ Anas ibn Mālik did not make it to the Eid prayer, so he gathered his family and offered the Eid prayer at home in the same manner the imam would with the congregation.[30] Furthermore, the Mālikī, Shāfiʿī, and Ḥanbalī schools allow people to perform the Eid prayer individually or with family at home. While the Ḥanafī school traditionally does not allow this, many senior Ḥanafī scholars have eased the condition of performing the Jumu’ah prayer in a public place during the current pandemic. Therefore, we recommend that individuals and families who are not able to attend an Eid congregation pray the Eid ṣalāh as detailed above at home.

May Allah accept our deeds. May Allah provide us with a joyous Eid. May Allah alleviate the current crisis. May Allah protect us all.

Allah knows best.

AbdulNasir Jangda

Sohaib Sheikh

26 Ramadan 1441 AH/19 May 2020 CE

Qalam Institute’s  mission is to educate humanity about Allah, His message, and His Messenger ﷺ. This article is written by the instructors at Qalam. Please consider supporting them as they create beneficial content for people to study their religion. 


[1] al-Majmu’ 5:2, al-Jumal ala sharh al-Manhaj 2:92

[2] Bada’I al-Sana’I 1:274

[3] farḍ al-kifāyah: An obligation that is mandated at a communal level. If a community fulfills the obligation, any other people that did not participate are excused from the obligation.

[4] al-Mughni 2:304

[5] Bada’I al-Sana’I 1:274, al-Hidayah 1:60, Tuhfah al-Fuqaha 1:283

[6] Qur’an 108:2

[7] Sahih al-Bukhari 2678

[8] Jawahir al-Iklil 1:101, al-Majmoo’ 5:3

[9] al-Lubab 1:118-119, Maraqi al-Falah 91, Tabyin al-Haqaiq 1:226, Fatawa al-Hindiyyah 1:141, Fath al-Qadir 1:428, al-Durr al-Mukhtar 1:782-784, al-Sharh al-Saghir 1:530, al-Sharh al-Kabir 1:400, al-Qawanin al-Fiqhiyyah 86, Mughni al-Muhtaj 1:311, al-Muhadhab 1:120, al-Majmoo’ 5:36, al-Mughni 2:384-387, Kashaf al-Qina’ 2:61-62

[10] Sahih al-Bukhari 10:29, Sahih Muslim 6:32-33, Sunan Abi Dawud 2:672-673, Sunan Ibn Majah 5:989-991, Sunan al-Nasa’I 7:660, Sunan al-Nasa’I 10:78

[11] Hashiyah al-Tahtawi ala Maraqi al-Falah 297

[12] Hanafi scholar who authored the famous work Nur al-Idah

[13] Nur al-Idah 65, Hashiyah al-Tahtawi ala Maraqi al-Falah 299

[14] Sahih al-Bukhari 1:1, Sahih Muslim 33:222

[15] al-Fiqh al-Islami Wa Adillatuhu 1412-1416

[16] Takbirat of Eid: Saying Allahu Akbar and La Ilaha Illa Allah

[17] al-Mawsoo’ah al-Fiqhiyyah 13:213-214

[18] Sahih al-Bukhari 13:5

[19] al-Zayla’I 1:307, Ibn Abidin 2:110, Fath al-Qadir 2:30, Bulghat al-Salik 1:200, Sharh al-Minhaj 1:628, Kashaf al-Qina’ 1:471

[20] Fath al-Qadir 1:424, al-Lubab 1:117, Maraqi al-Falah 90, al-Dur al-Mukhtar 1:779, al-Bada’I 1:276, al-Sharh al-Saghir 1:524, al-Qawanin al-Fiqhiyyah 85, Mughni al-Muhtaj 1:310, al-Muhadhab 1:118, Kashaf al-Qina’ 2:56

[21] al-Dasuqi 1:396, Asna al-Matalib 1:279

[22] Imam Ibn al-Qudama stated both opinions in the Hanbali school regarding the requirement of a congregation to conduct Eid prayer. Some Hanbali scholars require a group of people for the validity of the Eid prayer while others said that an individual can pray Eid by him or herself. al-Mughni 2:291

[23] Kashaf al-Qina’ 1:455, 2:50, Bada’I al-Sana’I 1:275

[24] Imam Abu Hanifa and Imam Muhammad stated that 2 congregants other than the Imam are the minimum required to be considered a congregation. Imam Abu Yusuf was of the opinion that 3 congregants other than the Imam are required.

[25] al-Sharh al-Saghir 1:525, al-Sharh al-Kabir 1:397, al-Qawanin al-Fiqhiyyah 86, Bidayah al-Mujtahid 1:209

[26] Takbirat of Eid: These are extra Takbirs unique to the Eid ṣalāh. According to the majority of scholars, these Takbirs are conducted by the Imam raising his hands as he does when he starts the prayer and saying Allahu Akbar. The stronger opinion according to the Malikis is that when performing the extra Takbirs, the Imam does not raise his hands but says Allahu Akbar.

al-Sharh al-Saghir 1:525, al-Sharh al-Kabir 1:398

[27] Bidayah al-Mujtahid 1:209, al-Mughni 2:376-384, Kashaf al-Qina’ 2:59-65

[28] Mughni al-Muhtaj 1:310, al-Muhadhab 1:120, al-Majmoo’ 5:18

[29] The famous Companion, Ibn Masood, said in regard to the ritual of Eid prayer, “The Imam of the prayer should say Takbir to initiate the prayer. Afterwards, he should perform 3 additional Takbirat followed by the recitation of Surah al-Fatihah and another Surah following it. Then the Imam should continue his prayer, go into Ruku’, Sujood until he stands up (for his second Rak’ah). He should read Surah al-Fatihah and another Surah and proceed to perform 3 Takbirat followed by the Takbir to go into Ruku’” – Sharh Ma’ani al-Athar 4:347

al-Lubab 1:117, Maraqi al-Falah 90, Fath al-Qadir 1:425-427, Tabyin al-Haqaiq 1:225, al-Dur al-Mukhtar 1:779-782, al-Bada’I 1:277, al-Fatawa al-Hindiyyah 1:141

[30] al-Sunan al-Kabir 3:503, al-Musannaf of Ibn Abi Shaybah 2:183, Sahih al-Bukhari includes this Hadith in his Tarjamtul Baab 2:23

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