Islamic scholars and a lawyer deemed the fine imposed on the farmer for a home juma prayer unlawful.
Friday prayer with co-religionists in a private home cannot be considered missionary activity, so the fine imposed on a native of Chechnya in Kuban should be overturned in court, experts told "Caucasian Knot."
As reported by "Caucasian Knot", a farmer, a native of Chechnya, gathered co-religionists in his home in the Otradnensky district of Krasnodar Krai to conduct Friday prayer there. The court deemed his actions illegal missionary activity and imposed a fine of 10,000 rubles.
In Krasnodar, there is no official mosque, prayer houses are under pressure, and believers are forced to pray in cafes, at gas stations, Muslims from Krasnodar Krai reported. In their opinion, this is a manifestation of discrimination against Muslims.
The difference between home collective prayers and missionary activity from the perspective of theology and legislation was commented on by Islamic scholars Leonid Syukiyainen and Dmitry Mikulsky, as well as lawyer Sergey Chegunov.
In Islamic law, any collective prayer at home, in nature, or in a workplace is considered a good deed and is completely permissible, noted Leonid Syukiyainen.
“Canonically, it is easy to separate friendly home prayer from missionary activity: if people who are already Muslims gather to perform another obligatory prayer or read the Quran – this is the fulfillment of personal religious practice. Missionary activity, as I understand it, begins when information about the doctrine is spread among people who are not followers of this community, with the aim of involving them in the congregation,” he said.
The Islamic scholar also explained how permissible juma prayer is outside the mosque and what conditions exist for such prayers.
Conducting juma prayer outside the mosque is canonically permissible in Islam, but for the juma prayer to be valid, a large number of Muslims must be present, as well as the delivery of the obligatory Friday sermon. In the absence of an accessible mosque nearby, juma prayer is performed in prayer houses, rented premises, or at home. However, from the perspective of interaction with the state, conducting juma prayers in private residences regularly raises questions from law enforcement if such home gatherings become systematic and replace the work of registered religious organizations,” the specialist noted.
Religious scholar Dmitry Mikulsky, who studies modern forms of religious practices, distinguished between everyday collective prayer and the legal risks of conducting prayers outside mosques.
“Praying together at home with friends is a natural part of a believer's everyday life, which is canonically absolutely legitimate. In Islam, there is no institution of a "sacred space" where one must pray. And missionary work is when you involve new people into the doctrine through your actions. When believing friends gather and pray, there is no involvement,” he explained.
Conducting Friday prayer outside the walls of a mosque is quite permissible, confirmed Mikulsky. “The Quran prescribes striving for Friday prayer, but does not rigidly confine believers to the mosque building. Juma prayer outside the mosque is completely permissible if the nearest mosque is too far away, a person is ill, works in continuous production, or faces a security threat. To conduct juma prayer, three things are needed: the presence of a minimum congregation of 3-4 people, the reading of a sermon, and the consent of the community. The main conflict here lies not in theology, but in urbanism and control, because due to the lack of mosques in large cities, believers are forced to organize apartment juma prayers, which from the state's perspective looks like uncontrolled activity,” the religious scholar summarized.
The law on freedom of conscience does not impose restrictions on the number of participants in joint prayer, noted lawyer Sergey Chegunov.
“Article 5.26 of the Administrative Offenses Code of the Russian Federation and the "Yarovaya package" contain clear legal criteria for missionary activity: it is the dissemination of information about the doctrine among individuals who are not followers of this community, with the aim of involving them as participants. The numerical threshold, whether it be three, seven, or fifteen people, is not legislatively established. The presence of people of the same faith in a private home gathered for worship is not missionary activity. If law enforcement issues a protocol for "illegal missionary activity" solely on the basis that several people prayed in a house, such a fine should be overturned in court, as there is no actual involvement of outsiders,” he stated.
The lawyer also clarified the procedure for notifying the Ministry of Justice about the creation of a religious group. “Creating a religious group gives believers official immunity from claims under Article 5.26 of the Administrative Offenses Code of the Russian Federation. The procedure does not require the formation of a legal entity or payment of state duty. It is sufficient to draft a protocol of the founding meeting with a minimum of three citizens and send a written notification to the Ministry of Justice about the commencement of activities. That is, a charter, protocol of the founding meeting, state duty, and registration of a legal entity are not required for an ordinary religious group,” Chegunov noted.