I wish to perform my Qada (missed Salaat). Is it permissable to skip the present Sunnah Maukidah salaats to give more time to the Fard missed salaat?

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Q: Kindly explain in detail the Shari'ah laws of performing Qadhaa Salaats. Your advice in fulfilling the Qadhaa Salaats will be appreciated. A: Qadhaa is made only for Fardh and Witr Salaats.
In calculation, there will be six (6) Salaats per day, one hundred and eighty (180) Salaats per month, two thousand, one hundred and sixty (2160) Salaats per year. Calculate the number of missed Salaats from the time of Buloogh (maturity). If one is unable to calculate the actual number of missed Salaats, due to not having any records, then he/she should apply his/her honest discretion in calculating the missed Salaats. It is not permissible to give Fidyah (monetary compensation) for the missed Salaats if one is able to fulfil the Qadhaa Salaats. The Fidya for each missed Salaat is the same as Sadaqatul Fitr (approx. R7.00). The approximate amount for the missed Salaats for one year will be (approx. R15,000). A bequest should be made during one's lifetime to pay the Fidya for the unfulfilled Qadhaa Salaats from one third of one's estate after fulfillment of debts.
Thank Allah Ta'ala for giving you the concern to fulfil the missed Salaats. How will one face Allah Ta'ala on the day of Qiyaamat should he/she pass away without fulfilling the Qadhaa Salaats? An easy method to fulfil the Qadhaa Salaats is, after each daily Fardh Salaat, for example, after Dhuhr Salaat of today, perform one Dhuhr Qadhaa Salaat.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

QADHAA SALAAT

1. If a person misses a salaat, then on remembering it, he should immediately make qada of it. It is a sin to delay offering a qada salaat without any valid excuse. So if a person misses a salaat and does not make qada of it immediately, but postpones it to another time or to another day, and then he suddenly dies - then he will get a double sin. One for missing the salaat, and the other for not making qada of it immediately. 2. If a person misses several salaats, then as far as possible, he should make qada of all. If it is possible, he should make an effort to offer all of them at one time. It is not necessary that the qada of zuhr be offered in zuhr time or that the qada of asr be offered at Asr time. If he has to make qada for several months or several years, then as far as possible he should make qada of them as quickly as possible. He should try and offer several qada salaats in one salaat time. However, if he is compelled or has no alternative, then he should offer one qada salaat in one salaat time. But this is the minimum.
3. There is no stipulated time for qada salaat. Whenever one gets the opportunity, lie should make his wudu and offer his salaat. However, he should take the Makruh times of salaat into consideration.
4. If a person has only one qada salaat to offer and before this he never missed any salaat, or he had missed in the past but he made qada of all of them; then he should offer this one qada salaat before offering any other salaat. If he offers any other salaat without offering this qada salaat, then that salaat will not be valid. He must offer the qada salaat and repeat that other salaat. However, if he completely forgot to offer the qada salaat, then the other salaat will be valid. When he remembers, lie will merely have to offer the qada salaat and it will not be necessary to repeat the other Salaat.
5. If the time is so short that if he offers the qada salaat first, he will miss the other salaat; then he should offer the other salaat first and then offer the qada salaat.
6. A person misses two, three, four, or five s.alaats; and does riot have to read any other salaat for the past. That is, from the time he became mature, he did not miss any salaat; or if he missed, he made qada of all. Then as long as he does not offer these five salaats, it will not be permissible to offer any other salaat. When he offers these five qada salaats, he should offer them in the same order as he had missed them; i.e. the one that lie missed first should be offered first and the one that he missed second should be offered second, and so on. For example, if a person misses the salaats of an entire day: fajr, zuhr, asr, maghrib, and esha; then when he is offering his qada, he should offer it in the same order. If he does not offer fajr first, but zuhr or asr, or any other salaat; then this will not be proper. He will have to repeat it.
7. If a person has to make qada of six salaats or more. then he can offer any other salaat without having offered the six salaats of qada. And when he offers these six salaats, he does not have to offer them in the order that he missed them. He can offer them in any order that he wishes. Now it is not wajib to offer them in order.
8. Several months or several years have passed and the person hasn't offered those six or more salaats. However, thereafter he always offered his salaats on time and did not allow himself to miss any salaat. After all these months or years, he now misses one salaat. So even in this case it will be permissible to read all other salaats without making qada of those that lie missed. When offering these salaats, he does not even have to follow any set order.
9. A person had to offer six or more qada salaats and therefore did not have to offer them in the order that he missed them. However, he offered these salaats by reading one or two at a time and thereby completed all of them. Now, no salaat is left which he has to make qada of. So now, if misses out one to five salaats again; he will have to make qada of them in the order that he missed and it will not be permissible for him to offer any other salaat without offering these qada salaats first. But if he misses out six salaats or more again, he will again be excused from offering them in the order that he missed them. And he will also be able to offer other salaats without having offered his qada salaats first.
10. A person had many qada salaats to offer. He commenced reading them and gradually completed all of them with the exception of four or five. So now it is not Waajib to offer these four or five salaats in order. He has the choice of offering them as he wishes. It is also permissible for him to offer other salaats without having offered these qada salaats. 11. A person missed out witr salaat and does not have any other qada salaat to offer. So it is not permissible for him to offer the fajr salaat without having offered the qada of witr salaat first. If he knows that he has to make qada of the witr salaat first and still offers the fajr salaat first, then he will have to offer the qada salaat of witr and then repeat the fajr salaat.
12. A person offered only his esha salaat and slept away. He then awoke for tahajjud, made wudu and offered his tahajjud and witr salaats. In the morning he remembered that he had forgetfully offered his esha salaat without wudu. He will now have to make qada of the esha salaat only, and not the witr salaat.
13. Qada is only made for the fard and witr salaats, and not for the sunnah salaats. However, if a person misses out his fajr salaat and makes qada of it before mid-day, then he should also make qada of the sunnah of fajr salaat. And if he makes the qada after mid-day, then lie should only make qada of the the fard salaat.
14. If there was very little time left for fajr and he therefore only read the fard salaat, then it is preferable to offer the sunnah salaat after the sun has risen considerably. But he has to read it before mid-day. 15. A person who rarely used to offer his salaats made taubah. It will now be wajib for him to make qada of all those salaats which he had missed throughout his life. By making taubah, one is not excused from offering his salaats. However, he is forgiven from the sin which he committed by missing out the salaats. Now, if he does not make qada of these missed salaats, the sin will return to him.
16. A person had missed several salaats and did not get the opportunity to make qada of them as yet. At the time of death, it will be wajib for him to make a wasiyyat to pay fidyah for all the missed salaats. He will be sinning it he does not do this. The masa'il related to giving fidyah for missed salaats will be explained in Part Three in the chapter dealing with fidyah for missed fasts - Insha Allah.
17. If several people have missed a particular salaat then they should make qada of it with jama'at. And if it is a salaat in which qira'at is normally made aloud, then when making qada, it should also be recited aloud. If it is normally made softly, then it should also be made softly.
18. If an immature child offers his esha salaat and sleeps away, and after the break of dawn he notices traces of semen which indicates that he had a wet dream, then the preferred opinion is that he should repeat his esha salaat. And if he wakes up before the break of dawn and notices traces of semen, then all the ulama say that he will have to make qada of the esha salaat.