Murky jurisdiction impedes solution JEDDAH – “Closed for Prayer”, the sign that often greets the weary motorist at gas stations on the highways traversing the Kingdom's vast stretches, may soon be a thing of the past if certain quarters have their way. Travelers complain of long waits, restaurants say they are unable to provide refreshment in an appropriate manner, and specialists say that, according to the teachings of Islam, it may not even be necessary. The Commission for Promotion of Virtue and Prevention of Vice (the Hai'a), reportedly has under consideration a study of proposals, among them keeping gas stations and pharmacies open during prayer times, but mystery surrounds who actually closes them in the first place. “They need to take another look at this,” says Talib Abu Mohammed, who drives a group of women teachers to work every day. “Sometimes we have to wait more than half an hour, and it's a real inconvenience, especially for the teachers who are waiting around in the open in the middle of the day.” “It holds up our work,” says Saleh Mahmoud, who makes long journeys each day from where he lives in Rabegh to his workplace in Jeddah. “If the car breaks down or you need to replace a tire you can end up waiting ages at the petrol station, it's an inconvenience for all travelers.” But is it a necessary inconvenience? Advisor to the Royal Court Sheikh Abdul Mohsen Al-Obaikan, who is well-known for his frequent outspoken views on a wide range of sensitive topics, thinks not. “Staff at petrol stations and highway resthouses should perform their prayers but only in so far as it doesn't hold travelers up,” Al-Obaikan said. “The problem could be resolved by permitting them to close for only ten minutes, which is the time prayer takes, as a wait for travelers of ten minutes is not much to ask.” “The situation at the moment where they remain closed for longer periods is entirely unnecessary,” he said. “Most mosques on the highways don't have imams so it should be enough to close just for the period of prayer itself and then open again to see to the needs of travelers without missing prayers or failing to perform them properly.” Take turns The head of the Islamic and Arabic Studies Department at King Fahd University of Petroleum and Minerals goes even further. “Gas stations should stay open around the clock, including during prayer times,” said Misfir Al-Qahtani. “There is no Shariah objection to this. That doesn't mean that it's okay to neglect prayers as staff at the gas stations can take turns going to the mosque while those who remain attend to customers, and when the first group has finished they can take over while the second goes to pray without inconveniencing travelers.” According to Al-Qahtani, Islamic Shariah permits shortening and combining prayers as well as breaking the fast during travel to ease the burden. “If Allah has permitted that in worship, then why do they make judgments that affect people's needs and hold them up when they travel?” he wondered. “Gas stations and resthouses are there to ease the passage of travelers, not to make things more difficult fro them.” “This issue should not just be restricted to gas stations but should also include other important places like pharmacies and other places inside the city that provide people with necessities,” Al-Qahtani says. Al-Qahtani cited Prophet Muhammad (peace be upon him) shortening his prayers when he heard a small child cry, and said that we should care for people and “rethink the closing of shops and gas stations as a whole for a long time during prayers as it would show the social goal of Shariah and make people love prayer more.” Khalid Al-Qaasim, Professor of Theology and Supervisor of the Prince Sultan Chair for Contemporary Islamic Studies at King Saud University, notes that “prayer is a pillar of Islam” and agrees with a “shift” solution. “People must be reminded and encouraged to pray without excess or neglect,” Al-Qaasim says. “Closure for the time of prayer itself would be sufficient, and travelers could be attended to in shifts if necessary so that prayer is not missed and customers are not held up.” Shoura Council member Ahmed Al-Zeila'i, motivated in part through personal experience, wants to see a proper study on the whole issue. “I've been forced to wait over half an hour at times just to fill up with petrol even though I'd been traveling and shortening and combining prayers,” Al-Zeila'i said. “It's baffling that they close for so long when prayer itself is a lot shorter than that. If the point is to make workers pray, then we all know it isn't working as most of them just sit inside shops or stand around in the street, as is evident to everyone.” On why the Shoura Council itself has not broached the subject, Al-Zeila'i was more reticent. “I prefer not to speak about that,” he said. Fear and sloth The question of who is actually responsible for closing the sites during prayer times is also something of a murky issue. Researcher Abdullah Ibrahim Al-Ku'eid lays the responsibility at the door of “religious institutions”, notably the Hai'a. “Foreign workers close the service stations and shops before prayer fearing punishment, or to avoid working,” Al-Ku'eid said. “I disagree with those who call for essential services like petrol stations and pharmacies to be closed, whether they are within city boundaries or not,” he said. “Unfortunately workers at these places are scared at prayer times and run off to hide, even the non-Muslims, but some of them also use the opportunity to avoid working and have a nice rest for around half an hour five times a day.” Al-Ku'eid sees the solution in the government ordering that the sites remain open. According to the Director of Endowments and Mosques at the Ministry of Islamic Affairs, Faheed Al-Barqi, his ministry has no role in prayer closures. “This is the responsibility of the Hai'a,” Al-Barqi said. As for conducting prayers at specific times in mosques, Al-Barqi said that the ministry had ordered it only at mosques within, or on the fringes of, city limits. “Mosques on highway routes have not been ordered to adhere to a specific time,” Al-Barqi said. “People traveling are guided by specific rules concerning travel so mosques outside the city cannot be forced to adhere to specific times given that most people visiting them are travelers. Travelers can pray and leave and the ministry cannot oblige them to pray at a specific time. Those in charge of the mosques should have concern for travelers and service stations should not close for long periods for prayer.” Who orders closure? According to the head of Media and Public Relations at the Commission for Tourism and Antiquities, there is no specific supervisory body for service stations or rest houses on highways and jurisdiction over them is disputed between several bodies. Among them, Majed Al-Shaddi said, are the ministries of Transport and Municipal and Rural Affairs, the Police, and Governorate offices. “That's why it's difficult to know who exactly is responsible for permitting the opening of these places during prayer times,” he said. Al-Shaddi also took the opportunity to note the “sorry levels of cleanliness and services” at the rest houses, and said that a “study was underway to improve them”. “Prince Sultan Bin Salman [president of the tourism commission] has previously spoken of the poor conditions which do not match up to the standing of the Kingdom. The solution might be to introduce legislation to govern their working conditions, included in it regulations that they do not close during prayer,” Al-Shaddi said. If no one can be identified as being responsible for the closure of the service stations during prayer, is it only fear and laziness – as suggested by Al-Ku'eid – that stops them opening? There is only one place left to go to answer the question. “The Hai'a is not responsible for closing service stations at prayer times,” said no less an authority than the official national spokesman for the Commission for Promotion of Virtue and Prevention of Vice, Abdulmohsen Al-Qaffari. “The Hai'a's responsibility is limited to within city boundaries, and anything that occurs outside those limits is none of its responsibility.” According to Al-Qaffari, jurisdiction over intercity highways belongs instead to highway police. “The Hai'a does not interfere with services stations on the outer limits of cities, and highway service stations are outside its realm of responsibility. If any member of the Hai'a is shown to have forced any service station to close on any highway then he faces legal action taken in accordance with Hai'a regulations, but we've never received a complaint in that regard.” “The Hai'a has enough to do without going outside city boundaries to close service stations during prayer,” he said. Al-Qaffari added, however, that there is a “study going on some proposals for pharmacies and petrol stations to remain open during prayer inside cities. “The study had not been completed yet, and no decision has been reached so far,” he said.
