Praise be to Allah.
Firstly:
The time for Duha prayer is from when the sun has risen to the height of a spear, which is fifteen or twenty minutes after sunrise, until just before the sun passes its zenith (and the zenith is when the time for Zuhr prayer begins). What is meant by just before the sun passes its zenith is ten to fifteen minutes before it reaches the zenith, i.e. before the time when it is forbidden to pray begins. End quote. Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him), (14/306).
Ibn Muflih (may Allah have mercy on him) said: The time for (Duha) is from when the time when it is forbidden to prays ends, until the sun reaches its zenith. What is meant – and Allah knows best – is just before the sun passes its zenith, because it is forbidden to pray at that time. End quote from al-Furoo’ (1/5670.
Secondly:
The scholars differed with regard to making up Duha prayer if the time has ended. Some of them were of the view that it should be made up, and this is the correct view according to the Shaafa’is and some of the Hanbalis. Others were of the view that it should not be made up. This is the old view of al-Shaafa’i and of the Hanbalis and Maalikis.
Al-Nawawi (may Allah have mercy on him) said in al-Majmoo’ (3/532): Our companions said: Naafil prayers are of two types, one that is not connected to a specific time and is only done for a reason such as eclipses, praying for rain and greeting the mosque. If it is missed, it cannot be made up. The second type is connected to a specific time, such as Eid prayer, Duha and regular Sunnah prayers that are offered with obligatory prayers, such as the Sunnah of Zuhr etc. There are three views concerning these, the correct view is that it is mustahabb to make them up. Al-Qaadi Abu’l-Tayyib and others said that this is the view that is stated in the new view (of al-Shaafa’i).
The second view is that they should not be made up. This was stated in the old view (of al-Shafaa’i), and it is the view of Abu Haneefah.
The third view is that independent prayers such as Eid and Duha should be made up, whereas prayers that are not independent such as the regular Sunnah prayers that are offered with obligatory prayers should not be made up. If they are made up then the correct view is that they should always be made up. Some of our companions narrated a weak view which is that missed prayers of the day may be made up so long as the sun has not set and missed prayers of the night may be made up so long as the sun has not risen. Based on this, the Sunnah of Fajr may be made up so long as it is still day… This is all weak (da’eef) and the correct view is that it is mustahabb to make up all prayers at all times. The evidence for that is the words of the Prophet (peace and blessings of Allah be upon him): “Whoever sleeps and misses a prayer or forgets it, let him pray it when he remembers it.” And Abu Qataadah (may Allah be pleased with him) narrated that the Prophet (peace and blessings of Allah be upon him) missed Fajr prayer whilst travelling, until the sun had risen. So he did wudoo’ then he prayed two rak’ahs, then the iqaamah was given and he prayed Fajr prayer. What is meant by two rak’ahs here is the regular Sunnah prayer that comes before Fajr. And Umm Salamah (may Allah be pleased with her) narrated that the Prophet (peace and blessings of Allah be upon him) prayed two rak’ahs after ‘Asr and she asked him about that. He said: “Some people from ‘Abd al-Qays came to me with the news that their people had become Muslim and they distracted me from the two rak’ahs that come after Zuhr, so I did these two rak’ahs after ‘Asr.” Narrated by al-Bukhaari and Muslim. And Abu Hurayrah (may Allah be pleased with him) narrated that the Prophet (peace and blessings of Allah be upon him) said: “Whoever did not pray two rak’ahs of Fajr until the sun rose, let him pray them (now).” Narrated by al-Bayhaqi with a jayyid isnaad. And it was narrated from Abu Sa’eed (may Allah be pleased with him) that the Prophet (peace and blessings of Allah be upon him) said: “Whoever slept and missed Witr, or forgot it, let him pray it when he remembers.” Narrated by Abu Dawood with a hasan isnaad. And it was narrated from ‘Aa’ishah (may Allah be pleased with her) that if the Prophet (peace and blessings of Allah be upon him) missed praying at night because of pain or anything else, he would pray twelve rak’ahs during the day. Narrated by Muslim. There are many other ahaadeeth about this matter, apart from those which we have mentioned, but this is sufficient. And Allah is the Source of strength. End quote.
Al-Mardaawi said in al-Insaaf (2/191): Shaykh ‘Abd al-Qaadir said: He may do it after the sun has passed its zenith, but if he delays it until he has prayed Zuhr, he may make it up. End quote.
The Hanafis stated that if the Sunnah prayers are missed, none of them should be made up except the Sunnah of Fajr, which should be made up if it is missed along with the obligatory prayer, and it may be made up until the sun reaches its zenith. Al-Fataawa al-Hindiyyah (1/112).
This is also the view of the Maalikis. In their view no naafil prayer should be made up except the two rak’ahs of Fajr, which may be made up until the sun reaches the zenith, whether the obligatory Fajr prayer was offered alongside it or not. Balghat al-Saalik (1/408).
See also al-Mawsoo’ah al-Fiqhiyyah al-Kuwaitiyyah (34/37).
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) favoured the view that Duha prayer should not be made up if the time for it has ended. He was asked: If the Sunnah prayer of Duha is missed, should it be made up or not?
He replied: If the time for Duha prayer is missed, then the prayer has been missed, because it is limited to that time. But with regard to the regular Sunnah prayers, because they are connected to the obligatory prayers, they may be made up alongside them. The same also applies to Witr, because it is proven in the Sunnah that if the Prophet (peace and blessings of Allah be upon him) slept or was ill at night he would pray twelve rak’ahs during the day. And Witr may also be made up. End quote from Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen (14/305).
The matter is broad in scope, praise be to Allah.
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