Is the Qunut supplication legislated in the morning (Fajr) prayer and other obligatory prayers besides Witr?
Chapter on the Times When Prayer is Prohibited
Al-Mughni
Book of Prayer
Primary text
The Qunut supplication is not legislated in the morning prayer nor in any obligatory prayer except for the Witr prayer. This view is held by Al-Thawri and Abu Hanifa, and is narrated from Ibn Abbas, Ibn Umar, Ibn Mas'ud, and Abu Ad-Darda. The evidence against its perpetual legislation is the narration that the Prophet, peace be upon him, recited the Qunut for one month supplicating against a tribe of Arabs and then abandoned it, as narrated by Muslim. Furthermore, Abu Malik narrated from his father that the Caliphs after the Prophet (Abu Bakr, Umar, Uthman, Ali) did not maintain the Qunut in Fajr in Kufa, leading to the ruling that the practice is an innovation (muhdath). The general practice is upon this position among most scholars.
Supporting text
Malik, Ibn Abi Layla, Al-Hasan ibn Salih, and Al-Shafi'i hold that the Qunut is legislated in the morning prayer at all times. Their evidence is the narration from Anas that the Messenger of Allah, peace be upon him, continued the Qunut in Fajr until he departed from the world. They also cite that Umar used to perform the Qunut in Fajr prayer in the presence of the Companions without objection. However, the first opinion reconciles these reports by stating that Umar's Qunut occurred during times of calamity (nawazil), and that the narration regarding the Prophet's perpetual Qunut might refer to the length of the standing (qiyam), which is also termed qunut.