Q: A brother from the Arab Republic of Yemen asks: What is the ruling on saying Basmalah (saying, "Bismillah Al-Rahman, Al-Rahim [In the Name of Allah, the Most Gracious, the Most Merciful]") out loud in Salah? How to refute the claim that this is the Madh-hab (School of Jurisprudence) of Imam (Initiator of a Madhhab) Al-Shafi`y (may Allah be pleased with him)? Is Basmalah an Ayah (Qur'anic verse) in Al-Fatihah (Opening Chapter of the Qur'an)? If it is not an Ayah, why does it take number one in Al-Fatihah in the Mus-haf (copy of the Qur'an)?
A: The correct opinion is that Basmalah is not an Ayah in Al-Fatihah or any other Surah (Qur'anic chapter) but it is an individual Ayah that Allah (Exalted be He) revealed to separate the Surahs,
(Part No. 8; Page No. 193)
and to indicate the end of the previous Surah and the beginning of the next Surah. This is the correct scholarly opinion. Its taking number one as an Ayah in some Mus-hafs is incorrect. The correct opinion is that it is not part of Al-Fatihah, but rather, the beginning of Al-Fatihah is: All the praises and thanks be to Allâh, the Lord of the ‘Alamîn (mankind, jinn and all that exists). This is the first Ayah. The Most Gracious, the Most Merciful. is the second. The Only Owner (and the Only Ruling Judge) of the Day of Recompense (i.e. the Day of Resurrection) is the third. You (Alone) we worship, and You (Alone) we ask for help (for each and everything). is the fourth. Guide us to the Straight Way. is the fifth. The Way of those on whom You have bestowed Your Grace is the sixth. ...not (the way) of those who earned Your Anger (i.e. those who knew the Truth, but did not follow it) nor of those who went astray (i.e. those who did not follow the Truth out of ignorance and error). is the seventh.
Basmalah is an individual Ayah separating the Surahs. It is not part of Al-Fatihah or any other Surah, according to the more correct of the two opinions maintained by scholars. However, it is part of an Ayah in Surah (Al-Naml), where Allah (Exalted be He) says: "Verily it is from Sulaimân (Solomon), and verily, it (reads): In the Name of Allâh, the Most Gracious, the Most Merciful:
(Part No. 8; Page No. 194)
It is part of an Ayah in Surah Al-Naml but it is an individual Ayah revealed by Allah (Exalted be He) to separate Surahs and it is not an Ayah of Al-Fatihah or any other Surah. This is the correct opinion maintained by scholars
It is preferable not to say it out loud because it has been authentically reported that the Prophet (peace be upon him) used not to say it out loud. It has been authentically reported in the Two Sahih (authentic) Books of Hadith (i.e. Al-Bukhari and Muslim) on the authority of Anas (may Allah be pleased with him) that he said: "The Prophet (peace be upon him), Abu Bakr, and `Umar used to start recitation with All the praises and thanks be to Allâh, the Lord of the ‘Alamîn (mankind, jinn and all that exists). and in another narration by Ahl-ul-Sunan (authors of Hadith compilations classified according to jurisprudential themes), "they did not say 'Bismillah Al-Rahman, Al-Rahim' out loud." What is meant is that they started recitation with: All the praises and thanks be to Allâh, the Lord of the ‘Alamîn (mankind, jinn and all that exists).
This indicates that they - the Prophet (peace be upon him), Al-Siddiq Abu Bakr, and `Umar - used to say Basmalah subvocally. Another report narrated from Abu Hurayrah indicates that it may be said out loud because he (may Allah be pleased with him) said it out loud. When he prayed, he said: My Salah (Prayer) is more similar to
(Part No. 8; Page No. 195)
that of the Prophet of Allah (peace be upon him). Some people took this as evidence that Tasmiyah should be recited out loud. However, the Hadith of Abu Hurayrah does not state this clearly. If it has been proved that the text indicates this, it should be interpreted that this was at some times only and that most often the Prophet (peace be upon him) used not to say it out loud. In this way, we can reconcile between the different narrations. It is preferable not to say it out loud unless a person does this sometimes to teach people that he says Basmalah and that it is prescribed to be said subvocally. This is commendable.
As for those who claim that this is the Madh-hab of Imam Al-Shafi`y, this needs referring to the texts of Al-Shafi`y (may Allah be merciful to him). If it was proved that Al-Shafi`y (may Allah be merciful to him) said this, he might have relied on the narration of Abu Hurayrah when the latter said Basmalah out loud and after finishing Salah said: "My Salah is more similar to that of the Messenger of Allah (peace be upon him)." The explicit meaning of this is that the Prophet (peace be upon him) said Basmalah out loud as when Abu Hurayrah did so, he said: "My Salah is more similar to that of the Messenger of Allah." Accordingly, it is permissible to say Basmalah out loud, though it is preferable to say it subvocally.
(Part No. 8; Page No. 196)
There should be no dispute about this matter as there is latitude in it. It is preferable to seek and follow the Sunnah (whatever is reported from the Prophet), and say Basmalah subvocally. If the worshiper sometimes says it out loud based on the Hadith of Abu Hurayrah and for the purpose of teaching people that it is said, there is nothing wrong with this. Some of the Sahabah (companions of the Prophet) (may Allah be pleased with and please them) said it out loud.
Source:http://www.alifta.net/Fatawa/FatawaChapters.aspx?View=Page&PageID=1545&PageNo=1&BookID=8