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This fatwā considers that, as a result of traveling internationally, people may miss Friday (i.e., depart on a Thursday and arrive on a Saturday). Pursuant to the Ḥanbalī school of thought, however, all persons aboard ships and aircraft are to perform Friday congregational prayers.

These prayers are only to be performed on Friday: If, as a result of traveling, a person has two Fridays, he or she is to perform the prayer on the first of those two Fridays. If it is that there is no Friday, however, the person is to estimate the appropriate time at which to pray.

A letter, dated 31 December 1951, bestowing on someone, upon examination, the duty of khatīb, ie, one who reads the narration during Friday sermons and Eid prayers.

The Plaintiff Kajauna Kenyatta Irvin named James A. Yates (warden), R. Fisher Jr. (associate warden), P.D. Brazelton (associate warden), K.R. Nash (correctional captain), M.C. Davis (associate warden), Dana B. Allen (correctional captain), A. Walker (correctional captain), Wendy K. Myers (community partnership manager), James D. Bennett (correctional lieutenant), S. Lantz (correctional lieutenant), E. McBride (correctional sergeant), D. McGee (protestant chaplain), E. Guthery (correctional officer), and Does 1-30 (PVSP correctional staff members) as the Respondents in this lawsuit, alleging that these individuals 1) forced Muslim prisoners to conduct their religious services outside; 2) failed to provide dietary accommodations for religious celebrations; 3) suspended purchase orders for religious oils; and 4) failed to hire a replacement Muslim chaplain. The District Court determined that the Plaintiff's complaint stated cognizable claims against Respondents McBride, Davis, Yates, Myers, Bennett, Allen, Nash, Walker, Brazelton, Guthery, McGee, and Does 1-30 under 42 U.S.C. § 1983 for the violation of the Plaintiff's rights under the First Amendment and under RLUIPA. The District Court provided the Plaintiff with the opportunity to file an amended complaint curing the deficiencies identified by the District Court in regard to the remaining Respondents.

A Somali Muslim bus driver for American University sued his former employer and supervisor under Title VII, alleging discrimination based on religion and national origin as well as retaliation for asking for reasonable religious accommodation. Specifically, the plaintiff claimed that he was frequently denied the chance to attend Muslim Friday prayer services and that his supervisors made several derogatory comments regarding Muslims. He further argued that he was ultimately terminated because of his religion and in retaliation for filing a complaint regarding a lack of reasonable religious accommodation (in the form of a schedule that accommodated his weekly prayer services). The Court found that the plaintiff had established a prima facie case and that there was enough evidence for a jury to conclude that the University’s reason for firing the plaintiff was a pretext for actual discrimination. However, the Court dismissed the retaliation claim, as the plaintiff did not present any evidence to support it.

Plaintiff Joe Burgos Vega, a practicing Muslim prisoner at the Connecticut Department of Corrections (“DOC”), brought this action against the Respondents, officials at the DOC, claiming that Respondents’ 1) denial of the Plaintiff’s request to be circumcised; 2) denial of access to suitable Islamic prayer oils; and 3) frequently canceled Friday congregational prayer constituted a violation of his right to exercise his religion. The Respondents argued that they are entitled to qualified immunity from suit in their individual capacities. The Court sided with the Respondents, finding that 1) prisoners have no constitutional or statutory right to a surgery that is not medically necessary; 2) DOC officers did not violate the Plaintiff’s right with regard to prayer oils, because they provided him with access to the imam-approved commissary oil; and 3) that although prisoners have the right to participate in group religious services, the frequent Friday prayer cancellations were reasonable because they occurred due to a shortage of volunteer imams and that other opportunities for religious practice were available to Muslim inmates.

The plaintiff, Tracey Taylor, a pretrial detainee in the Cook County Department of Corrections (Illinois), brought an action, pursuant to 42 U.S.C. § 1983, against the respondents Cook County and Sheriff Thomas Dart for alleged violations of his civil rights in denying him access to Islamic prayer services and by failing to serve ḥalāl meat (prepared in accordance with Islamic law). The respondents moved for summary judgment after alleging that Taylor failed to exhaust his administrative remedies and failed to raise a genuine issue of material fact as to whether they violated his constitutional rights. The Court granted summary judgment for the respondents, determining that the denial of Islamic prayer services was related to a legitimate penological interest, and that the prison had adequately provided the plaintiff with sufficiently nutritious Islamic meals, even though they were vegetarian/vegan.

Petitioner Tyrone Walker alleged that the prison violated his civil rights when it refused to provide him with the opportunity to participate in jumu'ah (Friday prayer) services when he was confined to the SHU. The District Court determined that the Respondent did not violate the Petitioner's rights under RLUIPA, as the Respondent's decision to deny the requests for access to Friday prayer services through closed-circuit television or through an audio feed was reasonably related to articulable, legitimate penological interests, which included the safety and the cost of installing the necessary equipment.

The plaintiff, Amr Elmenayer, sued his former employer, ABF Freight Systems, for failure to accommodate his religious practices and disparate treatment due to religion under Title VII. The plaintiff alleged that his supervisor failed to grant his reasonable request to attend Friday (jumu'a) prayer services. He also alleged that he was treated more harshly than other non-Muslim employees when he was terminated for failing to report an accident in a timely fashion, as per the company's policy. The defendant argued that it did try to accommodate the plaintiff’s religious practices by encouraging him to bid for a shift that would not conflict with his prayer duties. The Court granted the defendant’s motion for summary judgment, concluding that the plaintiff had not made out a prima facie case of discrimination. This decision was affirmed in Elmenayer v. ABF Freight Sys., 318 F.3d 130 (2d Cir. 2003).

A Muslim man who sued his employer under Title VII, alleging discrimination on the basis of religion, challenged the U.S. District Court for the Eastern District of New York's decision granting the defendant’s motion for summary judgment. The plaintiff argued that his employer did not accommodate his religion when it refused to allow him to move his breaks to attend religiously-mandated Friday prayer (jumu'a) services. He further argued that he was treated differently (i.e., punished more severely for infractions such as failing to report an accident immediately) than non-Muslim employees. The Court affirmed the lower court’s grant of summary judgment in favor of the defendant, concluding that the instances of alleged discrimination, though not time-barred, were insufficient to create a prima facie case of discrimination. 

The Plaintiff, Muslim prisoner Davis Totten, brought this civil rights claim against employees of Ryan Correctional Facilities alleging religious discrimination. The Plaintiff claimed that the Respondents violated his First Amendment right to religious freedom because they 1) threatened the Plaintiff with disciplinary action if he attended the Friday (jumuʿa) prayer service, the Islamic study class (taʿlīm) or any Islamic seminar while on a work or school assignment; 2) tried to control how Muslims appoint their spiritual leader for the Friday prayer services; and 3) failed to make preparations for the Eid al-Aḍḥā prayer service, among other alleged offenses. The Respondents filed a motion for summary judgment, on the claim that they are entitled to qualified immunity. The Magistrate Judge recommended that the Respondents’ motion be granted in part and denied in part. On the first issue, the Magistrate Judge determined that the Respondents were entitled to qualified immunity, because the Plaintiff did not meet his burden of convincing the Court that it was clearly established law that an official’s failure to allow prisoners to attend the Friday prayer service, the Islamic study class, or any Islamic seminar violate the First Amendment right to practice religion. The Magistrate Judge found the Respondents entitled to summary judgment on the second issue, because the Magistrate Judge found that the plaintiff did not indicate that any prison officials actually appointed an inadequate spiritual leader who interfered with his right to practice his religion. On the third issue, the Magistrate Judge determined that the Respondents were not entitled to summary judgment on qualified immunity grounds on this claim, because the Plaintiff presented sufficient evidence to demonstrate that his ability to attend the Eid al-Aḍḥā prayer service—which is mandated by his religion and is a “sincerely held” practice—had been infringed upon, and was not related to a legitimate penological interest.

The plaintiff, Dominic Ali, a Muslim inmate at the Northern New Hampshire Correctional Facility, sued several prison officials for allegedly violating his rights under the First and Fourteenth Amendments, the Religious Land Use and Institutionalized Persons Act (RLUIPA), and the state's constitution. The plaintiff alleged that the prison failed to provide jumu'a (Friday prayer) services for Muslim inmates, failed to ensure that he was provided with healthy food during Ramadan (the Islamic month of fasting), and denied him the ability to observe Ramadan by removing his name from the prison's internal Ramadan fasting list. The defendants filed a motion for summary judgment, arguing that the plaintiff's claims should be dismissed because he did not exhaust his administrative remedies before bringing suit. The Court agreed: it found that the plaintiff had not brought his grievances to the attention of the prison's commissioner, and therefore granted the defendants' motion.

The plaintiff, Michael Mootry, sued prison officials for implementing a policy that he claimed constituted a violation of his First Amendment rights. The policy banned inmate ministers from leading religious services without the direct supervision of a hired chaplain or volunteer. As a result of this policy, for two years, Muslim inmates were not accommodated with a hired chaplain to supervise jumu'a (Friday prayer) services. The Court denied the defendants' motion to dismiss because it found that the defendants knew about the plaintiff being prevented from participating in the prayer services, that this was an ongoing issue, and that they did nothing to correct the situation.

Plaintiff Dorian Davis challenged the Kern Valley State Prison policy that prohibited Muslim prisoners from purchasing and possessing prayer oils in their cells. The prison officials, however, claimed that a compelling governmental interest made their policy the least restrictive means of ensuring prison safety. The District Court agreed with them, determining that the prison did not violate the plaintiff's First Amendment rights because the Muslim chaplain had previously provided contraband to prisoners; in addition, it found that RLUIPA rights were not violated because the prison had to cancel Friday prayer services until another Muslim chaplain could be hired.

Plaintiff Skwikar Abdelkader alleged a Title VII violation against her former employer, Sears, for failing to accommodate her religion (Islam). The plaintiff alleged that Sears failed to accommodate her religious beliefs by asking her for work on Fridays (the day of communal Muslim prayer services) and on Muslim holidays; she also alleged that the company retaliated against her after she reported the alleged discrimination internally to the Human Resources department. The defendant responded that they neither forced her to work those days nor punished her for refusing to do so; it further noted that she was fired because she violated company policy by allowing a cashier to use her management discount card without the direct supervision required. The Court concluded that the plaintiff failed to present a prima facie case of discrimination or retaliation, finding that the company equally punished non-Muslims for misuse of the discount card. On that basis, the Court held that no disparate treatment occurred and therefore granted the defendant’s motion for summary judgment.

The plaintiff, state prisoner Horace Crump, filed suit against a Michigan Department of Corrections chaplain, David Leslie. The plaintiff alleged that he was barred from attending Friday prayer (jumu'a) services in retaliation for informing Muslim prisoners that the prison's suspension of Islamic religious services was unconstitutional. The respondent moved for summary judgment. The District Court granted summary judgment for the respondent, finding that the plaintiff failed to adequately state his need to attend these services to the prison.

Phillip Jean-Laurent brought an action against South Carolina prison officials for allegedly violating his First Amendment right to the free exercise of his Islamic religious tenets and the Eighth Amendment. Specifically, the plaintiff claimed that the respondents prevented his attendance at Islamic religious services during Ramadan as retaliation for him using the law library, and deprived him of evening and morning meals required by Muslim religious exercises during Ramadan, in preparation for fasting during daylight hours. The District Court found that the respondents properly answered the interrogatories as to the policy of forbidding the plaintiff to attend prayer services, but that the respondents did not properly answer questions in document requests regarding the plaintiff's and other Muslim prisoners’ ability to secure Ramadan morning meals.

Plaintiff John Knapp, a state prisoner and observant Muslim [following the general requirements of Islamic ritual law], filed suit against the Respondents, prison officials in their individual and official capacities, for an alleged violation of his rights under RLUIPA on the claim that the prison facility lacked weekly Friday prayer (jumuʿa) services. The prison employed a volunteer policy, which allowed Muslims in the prison community to volunteer to lead the Friday prayer service in order to enable group worship. But because there were no volunteers or future prospect of volunteers, the Friday prayer service was not conducted. The magistrate judge determined that the volunteer policy challenged by the Plaintiff could violate the prisoner’s rights under RLUIPA if such a policy was not the least restrictive means by which the government could achieve a compelling state interest, and that the Plaintiff’s allegations sufficed to assert a claim. The magistrate judge therefore recommended that the Plaintiff’s claim under RLUIPA be allowed to proceed.

Plaintiff Sha-Heed Rahman, a Shīʿī Muslim prisoner in the New York Department of Corrections (“DOCS”), brought this lawsuit against the respondents, various DOCS prison officials, alleging that the respondents violated a settlement agreement, retaliated against him, and conspired to punish him for pursuing his First Amendment rights to exercise his religion and access the courts. The plaintiff originally brought a civil rights lawsuit in 2004, claiming that the respondents violated his First Amendment rights by only employing Sunnī chaplains at DOCS facilities and not allowing inmates to observe Shīʿī holy days. The plaintiff and the respondents entered into a settlement agreement which included the plaintiff’s right to an alternative Shīʿī Friday prayer (jumuʿa) service. In this current suit, the plaintiff claimed that the respondents had failed to provide a separate Shīʿī service and failed to provide Shīʿī study classes. The plaintiff also claimed that when he filed grievances in an attempt to enforce the settlement agreement terms, he was sent to the Special Housing Unit as punishment. The respondents filed a motion to dismiss the claim. The District Court granted the respondents’ motion to dismiss, determining that the plaintiff failed to state a claim. However, the District Court granted the plaintiff leave to amend the claim regarding his First Amendment and retaliation concerns with respect to the provision of Shīʿī study classes.

Plaintiff Charles Glenn, an inmate at the New Hampshire Department of Corrections (DOC) filed suit against the Respondents, various DOC prison officials, for alleged violations of his rights to free exercise [of his ability to exercise Islamic ritual law] under the First Amendment and RLUIPA. Specifically, the Plaintiff – a practicing Muslim – argued that there had been no Friday prayer (jumuʿa) services at the New Hampshire State Prison for the past three years and that he had no access to an Imam (a Muslim prayer leader), a Qur’an, or other Islamic literature, which placed constraints on his ability to practice Islam [specifically, it's ritual law aspects]. In conducting a Preliminary Review, the Court applied the four-part test for examining the constitutionality of a regulation that restricts an inmate’s First Amendment free exercise of religion found in Turner v. Safley, 482 U.S. 78, 89-90 (1987). The Court assessed the four Turner factors -- (1) whether there is a valid, rational connection between the regulation and the legitimate government interest put forward to justify it; (2) whether alternative means to exercise the right exist; (3) what impact accommodating the right will have on prison resources; and (4) whether there was an absence of alternatives to the prison regulation. The Court found that the prison’s policy of denying Friday Prayer (jumuʿa) services, which are a central and essential element of religious practice, impinged on the Plaintiff’s First Amendment right to exercise his religion.

Plaintiff Jack Robinson, a formerly incarcerated inmate at the Metropolitan Detention Center in Brooklyn (“MDC”), brought an action against Respondent, Officer Jimminez, a correctional officer at MDC, for allegedly depriving the Plaintiff of his right to religious worship under the First Amendment. The Plaintiff claimed that, although he reserved the prison’s religious room for Friday prayer (jumuʿa) services, the Respondent allowed Jewish prisoners to also use the room. The Respondent argued that the Plaintiff’s religious service was “stopped due to a scheduling conflict with another group of inmates who had also reserved the religious room for the same time as plaintiff.” The Respondent moved for summary judgment, and the district court judge referred the Respondent’s motion to a magistrate judge for a report and recommendation. The magistrate judge determined that the Respondent’s decision to stop one religious service was reasonably related to legitimate penological interests because the action was undertaken to maintain order and prevent an altercation between Muslim and Jewish prisoners, and therefore recommended that the Respondent’s motion for summary judgment be granted.