The Ruling on the Ma'mum Omitting the Recitation of al-Fatihah

Question:
This is a letter we received from 'Abd al-Majid al-'Awaji, from Riyadh, asking about the recitation of al-Fatihah by the ma'mum. He says: If the ma'mum is behind the imam and omits the recitation of al-Fatihah intentionally or by mistake, whether the prayer is silent or loud, is there any ruling regarding this?
We ask that this question be presented to His Eminence Shaykh 'Abd al-'Aziz and that we be informed of the ruling, may Allah guide him.

Answer:
It is obligatory for the ma'mum to recite al-Fatihah; this is the preferred opinion among the scholars. Some scholars, who are the majority, held that it is not obligatory for the ma'mum to recite it, and that the imam bears it on his behalf.
However, the stronger opinion in this matter is that the imam does not bear it on his behalf, but rather the ma'mum must recite it; due to the generality of the saying of the Prophet (peace and blessings be upon him): and what came in the meaning of that. But if he forgot it, or left it out due to ignorance or the belief that the imam bears it on his behalf, then his prayer is valid.
As for intentionally leaving it out, that is not permissible; rather, he should recite it to avoid the disagreement of the scholars. If he intentionally leaves it out, the safest course for him is to make up the prayer in which he intentionally omitted al-Fatihah, without independent legal reasoning or following other scholars, and without the intention of leaving it out because he believes it is not obligatory, because he is a student of knowledge who has studied the subject and considered the evidence; in that case, he is excused.
As for the one who does not know the ruling, but knows that he is commanded to recite in the prayer, and then intentionally leaves it out, knowing that he is commanded to recite it and that its recitation is necessary, then such a person should repeat it as a precaution and to avoid the disagreement of the scholars. This is unlike the one who left it out by mistake or ignorance, or through independent legal reasoning that it is not obligatory, or by following those who said it is not obligatory out of taqlid (following a scholar without knowing his evidence), believing that they are the ones who are correct; for such a person, there is no need to repeat it; because he acted on his own independent legal reasoning, or followed those who hold that it is not obligatory, or because he was ignorant of the Islamic legal ruling, or forgot it; for such a person, there is no need to repeat it.
As for the one who knows the Islamic legal ruling, and knows that he is commanded to recite it, and that it is obligatory for him to recite it, and then he is lax and leaves it out intentionally, then he should make it up; rather, it is obligatory for him to make it up; because he contradicted what he believes.