Omitting First Azaan for Salaat-ul-Jummua

Question.

Some people are now removing what is now commonly known as the first azan, which was introduced during the time of the Caliphs (rah) and are only calling the azan before the Khutba, because the first azan was not practiced by the Noble Prophet, Sall-Allahu alayhi wa sallam. Can you please confirm the status of the Azan introduced by the Caliph and its place in Shari'ah. Also can people just go and remove practices of Ijmaa of Sahabah with out consequences.
Is Ijmaa of Sahaba binding on the Ummah? Is the Azan practice as introduced by the Caliph fall under the Category of Ijmaa of Sahabah. Is the Salat still valid without this Azan? [Farid Ahmed Degia, Institute of Islamic Propagation & Thought]

Answer.

The first Azan given for Jumu'ah Salat ahead of the Azan given before Khutbah in front of the Khateeb was introduced by Sayyidna Uthman, Radi-Allahu anhu, due to people being engrossed in mundane activities and reaching the Masjid late thus missing the Wajib Khutbah. Thus another Azan was introduced in order to make them aware of the time for Jumu'ah and make necessary preparations to reach the Masjid in time to listen to the Waajib Khutbah. This was done in the presence of the Sahabah, Radi-Allahu anhum, and they (Sahabah) themselves practiced it.
Therefore, the ruling is categorized as Ijmaa-e-Sahaaba (consensus of the Sahabah) which is the strongest form of Ijmaa.
The ruling through Ijmaa is similar to a ruling proven from a verse of the Qur'an or Hadith Mutaawatir (Noorul Anwaar - Shaykh Ahmad). Just as one who denies any verse of the Qur'an or Hadith Mutawaatir will be declared a Kafir, similarly, to deny a ruling based on Ijmaa of the Sahabah will be Kufr. The second Azan is also similar to the Khilafat of Sayyidna Abu Bakr, Radi-Allahu anhu, established by Ijmaa of the Sahabah.
And Allah Taala Knows Best.

Mufti Ebrahim Desai

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Question:
In the Jummua Salaat, in our masjid, there is usually one adhaan. I had read the fatwa on your website about the mas`ala and I informed the masjid regarding the ruling. They asked me to make the first adhaan. Now everytime I am able to reach the masjid early, i make the adhaan but if I am late for some reason, there is only one adhaan that day. Will my salaat be valid in such a circumstance? If its not valid, can some of the brothers here who want to adhere to the proper method of sharia, make our own jama`at for Jumua salaat at the university? The last time somebody tried to do something like that was labled by the masjid to be the person dividing the community into two groups. I need your advise to make the right choice.
[Mohammad Nasir, Fredericton, NB, Canada]

Answer:
It should be borne in mind that for Jumu’ah Salaat, there are two Adhaans, each being independently Sunnah. In fact, the first Adhaan is like the Adhaan of every other Salaat. Many jurists have regarded it to be Waajib. The second Adhaan of Jumu’a is Sunnah. Thus, it is of extreme importance to call both the Adhaans out and to leave any one of them out would be sinful. Rather than you creating a split, it would be preferable that you hand over the task of the Adhaan to someone else. If the Salaat is performed without the first Adhaan, it will nonetheless still be valid. (Shaami vol.1 pg,.384)

Mufti Ebrahim Desai