Timing of ‘Isha’ prayer in regions where the red afterglow (or twilight) does not disappear until very late
Question

                We are Saudi students who have been sent to study in the UK, specifically in the city of Birmingham. Nowadays, with the beginning of summer, we are faced with the problem of a long time between the beginning of the time for Maghrib and the beginning of the time for ‘Isha’. Every year there are arguments among the Muslims about what to do. Some mosques to pray ‘Isha’ 90 minutes after the time for Maghrib begins, whilst others wait until the red afterglow disappears, for a period of up to 3 hours on occasion! Which causes hardship for people, especially as the night is so short. On days like this, the Muslims in the student halls of residence pray ‘Isha’ in two congregations: the first group prays after 90 minutes, based on the following: (a) Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said in one of his khutbahs that the longest time between the beginning of Maghrib and ‘Isha’ is one hour and thirty-two minutes; (b) based on a fatwa from one of the famous shaykhs in Saudi Arabia; (c) the red afterglow does not disappear all night in some regions and during some seasons of the year; (d) some mosques and Islamic centres rely on the 90-minute idea; (e) the Two Holy Sanctuaries (al-Haramain) follow this system. As for the other group, they pray later, based on the following: (a) the fatwa of the Standing Committee which says that each prayer should be offered at the time prescribed in sharee‘ah, in accordance with the signs described in sharee‘ah (if night is distinct from day); (b) a fatwa from another famous shaykh in Saudi Arabia, in which he affirmed that the 90-minute idea is based on mistaken ijtihaad; (c) some mosques and Islamic centres do that; (d) the timetable that is approved by the Muslim World League. But in fact the timetable of the MWL causes us hardship and difficulty during some seasons of the year. We follow the prayer timetable to be found on the following link: 

www.islamicfinder.org

which gives all timetables according to the well-known calculation methods; it is also possible to customise it. As we have not found, on the Internet or elsewhere, any research on this issue that is based on clear evidence from the Qur’aan and Sunnah, we are waiting for you to give us an adequate discussion and clear answer, by means of which we ask Allah to unite people and bring us together on the basis of truth concerning this issue. May Allah reward you with good.
Praise be to Allah.
    Firstly: 

    One of the conditions of prayer being valid, on which there 
    is consensus among the scholars, is that the time for the prayer should have 
    begun. Allah, may He be exalted, says (interpretation of the meaning): 
    “Surely the Prayer is prescribed to the Believers at specified timings” 
    [an-Nisa’ 4:103]. 

    Shaykh ‘Abd ar-Rahmaan as-Sa‘di (may Allah have mercy on him) 
    said: 

     That is, it is obligatory and it has a specific time and is 
    not valid if offered at any other time. These are the times that are 
    established and well known to Muslims, young and old, knowledgeable and 
    ignorant. 

    Tafseer as-Sa‘di, p. 198 

    Secondly: 

    The beginning of the time for Maghrib is when the disc of the 
    sun disappears beneath the horizon, and the end of it – at which the time 
    for ‘Isha’ begins – is when the red afterglow (or twilight) disappears. 

    It was narrated from ‘Abdullah ibn ‘Amr ibn al-‘Aas (may 
    Allah be pleased with him) that he said: The Messenger of Allah (blessings 
    and peace of Allah be upon him) said: “The time for Maghrib is when the sun 
    sets, so long as the twilight has not disappeared. The time for ‘Isha’ is so 
    long as half of the night has not passed.”

    Narrated by Muslim, 612. 

    These times that are defined in sharee‘ah only apply in lands 
    where night and day occur within twenty-four hours, and it does not matter 
    how long the day is and how short the night is in this case, unless the time 
    of ‘Isha’ is not long enough to offer the prayer. In that case it is as if 
    there is no time for it,so it is to be worked out according to the nearest 
    land in which night and day give enough time for each prayer to be offered 
    at its allocated time. 

    Your question concerns an issue to which the scholars paid 
    attention; they discussed it and issued fatwas concerning it, and one of 
    them wrote an essay on it, entitled Waqtu Salaat al-‘Isha’ wa Waqt 
    ul-Imsaak fi’l-Manaatiq allati la yugheebu fiha ash-Shafaqu illa 
    muta’akhkhiran wa yatlu‘u al-Fajr Mubakkiran (The Time of ‘Isha’ and the 
    time of Stopping Eating (for fasting) in Regions where the Twilight does not 
    disappear until very late and the Dawn breaks very early). He is the 
    director of the Islamic Research Centre in Istanbul, Dr. Tayyaar Aalati 
    Qawlaaj. The scholars differed concerning this issue and there are three 
    opinions: 

    1.That one may avail oneself of 
    the concession that allows putting Maghrib and ‘Isha’ together because of 
    the difficulty involved that is no less than the difficulty caused by rain 
    and other reasons that make it permissible to put two prayers together.

    2.That the time for ‘Isha’ should 
    be worked out. Some scholars called for adopting Makkah al-Mukarramah as the 
    standard in this case. One of those who supported this view is the author of 
    the essay referred to above.

    3.That the time for ‘Isha’ that 
    is prescribed in sharee‘ah, namely the disappearance of the twilight, should 
    be adhered to so long as the time is sufficient to offer the prayer.

    This last opinion is the one that we think is most likely to 
    be correct and is the opinion that is indicated by the hadeeth texts. It is 
    mentioned in fatwas issued by the Council of Senior Scholars, the Standing 
    Committee for Issuing Fatwas, Shaykh al-‘Uthaymeen, Shaykh Ibn Baaz, and 
    other scholars. 

    Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allah have 
    mercy on him) said: 

    These specified times only apply in places where night and 
    day occur within twenty-four hours, whether night and day are equal in 
    length or one of them is longer than the other by a short or long period. 

    As for places in which night and day do not occur within 
    twenty-four hours, that applies either throughout the year or only for a few 
    days: 

    If it is only for a few days, such as if it is a place in 
    which night and day occur within twenty-four hours throughout the seasons of 
    the year, but during some periods there may be twenty-four hours or more of 
    either night or day, in that case if there is a phenomenon on the horizon by 
    means of which you can work out the time, such as if the light starts to 
    increase or when it disappears completely, then deciding the time may be 
    connected to this phenomenon. Or if there is no such phenomenon, you can 
    work out the times of prayer as they were on the last day before night or 
    day began to last for twenty-four hours. 

    But if it is a place where night and day within twenty-four 
    hours does not occur all year or in any season, then the times for prayer 
    should be worked out, because of the hadeeth narrated by Muslim from 
    an-Nawwaas ibn Sam‘aan (may Allah be pleased with him), according to which 
    the Prophet (blessings and peace of Allah be upon him) mentioned the Dajjaal 
    who will appear at the end of time. They asked him how long he would stay on 
    earth and he said: “Forty days: one day like a year, one day like a month, 
    one day like a week, and the rest of his days will be like your days.” They 
    said: O Messenger of Allah, on that day which will be like a year, will the 
    prayers of one day be sufficient for us? He said: “No, work it out…”

    So if it is established that in a place in which night and 
    day do not occur (within twenty-four hours) the times for prayer are to be 
    worked out, then how do we work it out? 

    … Some scholars think that it should be worked out according 
    to the average time. So the night is to be estimated as being twelve hours, 
    and the same for the day, because when it is not possible to work out the 
    time of prayer based on the place itself, it should be worked out on the 
    basis of a place where night and day are equal. This is like the case of the 
    woman who is suffering istihaadah (prolonged non-menstrual vaginal bleeding) 
    and does not have a period as such and cannot distinguish between menstrual 
    and non-menstrual bleeding. 

    Others say that it should be worked out in accordance with 
    the nearest land in which night and day occur throughout the year; because 
    when it is not possible to work it out with regard to the land itself, then 
    it should be worked out in accordance with the land that most closely 
    resembles it, which is the nearest land to it in which night and day occur 
    within twenty-four hours. 

    This view is more correct, because it is based on a stronger 
    argument and is more realistic. 

    Majmoo‘ Fataawa ash-Shaykh Ibn ‘Uthaymeen, 
    12/197, 198 

    This is the view of the Council of Senior Scholars in the 
    Kingdom of Saudi Arabia, and is supported by the Standing Committee for 
    Issuing Fatwas. We have quoted their fatwa in the answer to question no.
    5842, in which they said: 

    … And there are other hadeeths which defined the times for 
    the five daily prayers through the words and actions of the Prophet 
    (blessings and peace of Allah be upon him). It makes no difference whether 
    the day is long or short or the night is long or short, so long as the times 
    of the prayers may be distinguished by the signs which were identified by 
    the Messenger of Allah (blessings and peace of Allah be upon him). End 
    quote. 

    With regard to the country in which you are studying, we find 
    that night and day do occur within twenty-four hours there, and the time for 
    ‘Isha’ is not so short that you cannot offer the prayer. Based on that, what 
    you have to do is offer the prayers at the times prescribed for them in 
    sharee‘ah. 

    Thirdly: 

    If the time of ‘Isha is so late that offering the prayer on 
    time will be too difficult, in that case there is nothing wrong with putting 
    Maghrib and ‘Isha’ prayers together at the time of the earlier prayer. 

    In the answer to question no.
    5709 we quoted Shaykh 
    al-‘Uthaymeen (may Allah have mercy on him) as saying: 

    If the twilight disappears long enough before dawn that they 
    can pray ‘Isha’, then they have to wait until it disappears. Otherwise if it 
    is too hard for them to wait, in that case it is permissible for them to put 
    ‘Isha’ together with Maghrib at the time of the earlier prayer, so as to 
    avoid hardship and difficulty. End quote. 

    In a statement of the Islamic Fiqh Council, belonging to the 
    Muslim World League, the members of the council discussed the topic of the 
    times of prayer and fasting in countries at high latitudes. They listened to 
    shar‘i and astronomical studies presented by some members and other 
    explanations of technical aspects that were on the agenda during the 
    eleventh session of the Council, and the following was determined:

    … Thirdly: high latitude regions may be divided into three 
    categories: 

    (i)Those that are located between 
    45° and 48° north and south, where the signs for the times of prayer are 
    distinct and clear in each twenty-four hour period, whether the time is long 
    or short.

    (ii)Those that are located between 
    48° and 66° north and south, in which some of the astronomical signs that 
    define the time of the prayer are absent during some days of the year, such 
    as when the the twilight, the disappearance of which signals that the time 
    for ‘Isha’ has begun, does not disappear, and the end of the time for 
    Maghrib overlaps with the time for Fajr.

    (iii)Those that are located above 
    66° north or south, as far as the pole, in which the signs for the times of 
    prayer are absent during a long period of the year, whether by day or by 
    night.

    Fourthly: the ruling concerning the first area is that the 
    people there have to offer the prayers at the times prescribed in sharee‘ah, 
    and they have to fast according to the times prescribed in sharee‘ah, from 
    when the true dawn appears until the sun sets, in accordance with the 
    Islamic texts having to do with the times of prayer and fasting. Whoever is 
    unable to fast the day or complete a day’s fast because the time is too long 
    may break the fast, and has to make it up on suitable days … End quote. 

    This case is the one that is asked about here, as is 
    obvious. 

    In another statement by the Islamic Fiqh Council, the 
    statement quoted above was confirmed and a concession was granted to the one 
    who finds it too difficult to offer ‘Isha’ prayer (at the prescribed time), 
    allowing him to put it together with Maghrib. But they stated that this 
    should not be made a habit for everyone; rather it is only for those who 
    have legitimate reasons. It says in that statement: 

    But if the signs of the time for the prayer appear, but the 
    disappearance of the twilight with which the time for ‘Isha’ begins, is very 
    late, the Council believes that it is obligatory to offer ‘Isha’ prayer at 
    the proper time as defined by sharee‘ah. But those for whom it is too 
    difficult to wait and offer the prayer on time – such as students, people 
    with jobs and workers during the work week – can put the prayers together, 
    in accordance with the texts which speak of protecting this ummah from 
    hardship. For example, in Saheeh Muslim and elsewhere it is narrated 
    that Ibn ‘Abbaas (may Allah be pleased with him) said: The Messenger of 
    Allah (blessings and peace of Allah be upon him) put together Zuhr and ‘Asr, 
    and Maghrib and ‘Isha’, in Madinah, when there was no fear or rain. Ibn 
    ‘Abbaas was asked about that and he said: He wanted not to put his ummah 
    through hardship. 

    But putting prayers together should not be something that is 
    done by all the people in that country throughout that period, because that 
    is changing the concession and making it become the norm. 

    As for the guideline on what constitutes hardship, reference 
    should be made to custom and this is something that differs from one person 
    to another, from one place and situation to another.

    End quote from the nineteenth session, held in the 
    headquarters of the Muslim World League in Makkah al-Mukarramah, 22-27 
    Shawwaal 1428 AH/ 3-8 November 2007 CE, second statement. 

    Fourthly: 

    With regard to defining the time between Maghrib and ‘Isha’ 
    as being one hour and thirty-two minutes, we could not find anything 
    concerning that from Shaykh Ibn ‘Uthaymeen or anyone else. We have 
    previously quoted the words of the Shaykh (may Allah have mercy on him) and 
    he did not mention this opinion or regard it as more correct. 

    Perhaps this is a mistake on the part of the one who quoted 
    the shaykh, and the shaykh was referring to the usual time between Maghrib 
    and ‘Isha’ in countries where night and day are more equal, or in Saudi in 
    particular, which is more likely to be the case. 

    (a)He (may Allah have mercy on 
    him) said:

    The time for ‘Isha’ is not defined by the adhaan only, in 
    fact, because the time of ‘Isha’ may sometimes, during some parts of the 
    year and in some seasons… the time between sunset and the beginning of the 
    time for ‘Isha’ may be one and a quarter hours, or sometimes one hour and 20 
    minutes, and sometimes one hour and 25 minutes, and sometimes one hour and 
    30 minutes. It varies and it cannot possibly be the same in every season. 

    Jalasaat Ramadaaniyyah

    (b)He also said (may Allah have 
    mercy on him): 

    The time for Maghrib lasts from sunset until the 
    disappearance of the red afterglow, which may sometimes be one and a half 
    hours between Maghrib and ‘Isha’, or sometimes it may be one hour and twenty 
    minutes, or one hour and seventeen minutes; it varies.

    Majmoo‘ Fataawa ash-Shaykh 
    al-‘Uthaymeen, 7/338                     
    

    To sum up: 

    1.In countries where night and 
    day occur in twenty-four hours, it is obligatory to pray at the times 
    prescribed in sharee‘ah, no matter how long or short the night.

    2.In countries where night and 
    day do not occur in twenty-four hours, it is obligatory to follow the times 
    of prayer in the closest land in which there is night and day.

    3.In countries where the twilight 
    overlaps with the dawn, or it disappears but there is not sufficient time to 
    pray ‘Isha’, it is obligatory to follow the closest place where there is 
    enough time to offer the prayer.

    4.It is permissible for people 
    who have legitimate excuses to put together Maghrib and ‘Isha’ if they are 
    unable to wait until the time of ‘Isha’.

    And Allah knows best.