Is it permissible to perform a vowed prayer during times when voluntary prayer is prohibited?
Chapter on the Times When Prayer is Prohibited
Al-Mughni
Book of Prayer
Primary text
Performing a vowed prayer is permissible during times of prohibition (Waqt al-Nahy), regardless of whether the vow was absolute or time-bound. This is the opinion supported by al-Shafi'i, 'Ata', and Abu Thur, following the practice of companions like Ibn 'Umar, Ibn al-Zubayr, 'Ata', Tawus, and successors like Ibn 'Abbas, al-Hasan, al-Husayn, and Mujahid. The evidence is that it is an obligatory prayer, thus akin to missed obligatory prayers (Fawa'it) and funeral prayer. Furthermore, this is permitted after the Asr and Fajr prayers. Evidence includes the Hadith where the Prophet (peace be upon him) stated: "O Banu Abd Manaf, do not prevent anyone who circles this House (Ka'bah) from praying at whatever hour he wishes, night or day," authenticated as sound by al-Tirmidhi. Additionally, the ritual circumambulation (Tawaf) prayer is secondary to the Tawaf itself; if the primary act is permitted, the secondary act should be permitted. The prohibition regarding the specific hours is specific to missed obligatory prayers, whereas this evidence lacks such specification, making it superior.
Supporting text
Abu Hanifa ruled that it is impermissible, drawing an analogy to performing obligatory fasts during the days of Tashreeq. Al-Malik and Abu Hanifa also rejected this view, arguing based on the general nature of the hadith prohibiting prayer during those times.