Law Witr Prayer

Law Witr Prayer

According jumhur scholars, legal Witr prayer is Sunnah muakkadah. It is the opinion of Imam Malik, ash-Syâfi'iy, Ahmad, Ishaq, and others.
On the other hand, Abu Hanifa found Witr prayer obligatory. He berdalilkan with some of the arguments, which of them is the hadeeth of Buraidah radi 'anhu, that the Prophet sallallaahu' alaihi wa sallam said,

الوتر حق فمن لم يوتر فليس منا الوتر حق فمن لم يوتر فليس منا الوتر حق فمن لم يوتر فليس منا

"(Prayer) Witr is haq. Anyone who does not (prayers) Witr, not including our group. (Prayer) Witr is haq. Anyone who does not (prayers) Witr, not including our group. (Prayer) Witr is haq. Anyone who does not (prayers) Witr, not including our group. " [1]

Tarjih
In this case, a more correct opinion is that Witr prayer is not obligatory. It is based on the hadith of Talha bin 'Ubaidullah radi' anhu narrated by al-Bukhary and Muslim that, when the obligations of the five daily prayers, the Prophet sallallaahu 'alaihi wa sallam asked, "Is there any other obligation upon me?" he replied, "Nothing, except just praying tathawwu' (sunnah)." [2]
Then, will be explained also on the implementation of the prayer of the Prophet sallallaahu 'alaihi wa sallam above mount animals [3] because it has been understood that the obligatory prayers is not done over the animal mounts.
In addition, there are other arguments that show the witr ketidakwajiban. [4]

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[1] Narrated by Ahmad, 5/357, Ibn Abi Syaibah 2/92, Abu Dawud no. 1419, Al-Hakim 1/448, and Al-Baihaqy 2/469. Dihasankan by Shaykh Muqbil in Al-Jami 'al-Saheeh, 2/159.

[2] Reported by al-Bukhary no. 46, 1891, 2678, 6956, Muslim no. 11, Abu Dawud no. 391, and An-Nasa `iy 1/226, 4/120, 8/118.

[3] As narrated by al-Bukhary and Muslim from the hadeeth of 'Amr ibn Rabi'a. In addition, there are several other Companions sunnah of the Prophet describes the implementation of animal mounts on top of him.

[4] On the legal discussion above Witr prayer, read Al-Istidzkâr 2/80, al-Majmu '3/514-517, 2/591-594 Al-Mughny, Majmu' al-Fataawa 23/88, Fathul Bary 6 / 210-212 Ibn Rajab, and Nailul Authâr 3/34.