The issue of whether to intend Qasr or Jama’ before traveling or before prayer is a matter that has been addressed by the scholars:
Firstly, Hanafi scholars, some Maliki scholars, some Shafi’i scholars such as Al-Muzani and Ibn Hajar, and some Hanbali scholars, including Ibn Taymiyyah, are of the opinion that there is no requirement for a prior intention for Qasr or Jama’, and they base this on the following evidence:
1- The story of Thul-Yadayn (the man with two hands) where they asked him, “Did you shorten the prayer or did you forget?” If intention was a requirement, he would have informed them of his intention to shorten the prayer before performing it, and this type of question would not arise.
2- Prophet Muhammad (peace be upon him) traveled with his companions and shortened the prayer at Dhul Hulayfah, as mentioned in an authentic hadith, and he did not remind them of the prior intention. If intention was a requirement, he would have reminded them before leaving or before the prayer.
3- The combining of prayers took place in Arafat and Muzdalifah by consensus, and there is no evidence that the Prophet reminded them of the prior intention before the prayer.
Secondly, Shafi’i scholars in the school of law and most Hanbali scholars (with a detailed specification in the time of intention) have made the intention a condition for Jama’, and their intellectual evidence is that the second prayer may be performed in the first prayer’s time, and may be performed unintentionally, so there must be an intention to distinguish it, and the distinction can only be made by having a firm determination.
The correct opinion is the Hanafi School of law and those who agree with them due to the strength of their evidence.
Fatwa by Dr. Khālid Naṣr