Is the makeup (Qada') of missed obligatory prayers permissible during the prohibited times?
Chapter on the Times When Prayer is Prohibited
Al-Mughni
Book of Prayer
Primary text
The makeup of missed obligatory prayers is permissible during all prohibited times and outside of them. This view is held by 'Ali ibn Abi Talib and numerous other Companions, as well as scholars such as Abu Al-'Aliyah, Al-Nakha'i, Al-Sha'bi, Al-Hakam, Hammad, Malik, Al-Awza'i, Al-Shafi'i, Ishaq, and Ibn Al-Mundhir. The primary evidence is the command of the Prophet (peace be upon him): "Whoever sleeps through a prayer or forgets it, let him pray it when he remembers it," which is agreed upon. In the Hadith of Abu Qatadah, it is stated: "Indeed, negligence is only for one who delays the prayer until the time of the next prayer arrives. Whoever does that, let him pray it when he wakes up."
Supporting text
The Hanafis hold that makeup prayers are not permissible during the three specific times mentioned in the hadith of 'Uqbah ibn 'Amir, except for the Asr of that same day, which must be prayed before sunset. They argue for the generality of the prohibition, which encompasses obligatory and supererogatory prayers. They cite the Prophet (peace be upon him) delaying the Fajr makeup prayer until the sun had whitened as evidence that it should not be performed immediately upon waking, and they equate makeup prayers with supererogatory prayers in this regard.