If he missed Dhur Prayer, but remembers it whilst the Asr Prayer is about to be established…?
If a person missed the time (of an obligatory prayer), for example, he missed the Dhur prayer; but then he remembers whilst the Asr prayer is about to be established, does he join the congregational prayer with the intention of praying Asr or Dhur, or does he pray Dhur first and then pray Asr? And what is the meaning of the statement of the Islamic Jurists: ‘’If he fears the elapse of the prayer that is to be performed at the time, then the Tarteeb [the normal order in which the five daily prayers is performed- i.e. Fajr first, then dhur, then Asr, then Maghrib, then Ishaa)] is dropped. And is the Tarteeb dropped out of fear of missing the congregational prayer?
That which is legislated for the one who is mentioned in the question is that he prays with the present congregational with the intention (for Dhur), and thereafter he prays Asr due to the obligation of Tarteeb. The Tarteeb is not dropped out of fear of missing the congregation. As for the statement of the jurists: ”If he fears the elapse of the prayer that is to be performed at the time, then the Tarteeb is dropped”, the meaning of this is that it is binding upon the one who has missed a prayer is that he begins with (that prayer) before praying (another) prayer to be prayed at present. And if there is a time constraint for the prayer to be prayed at present, then he should begin with the prayer to be prayed at present, for example: The Ishaa prayer was upon him, but he did not remember until nearly the time of sun rise whilst he has not yet prayed Fajr on that day, then indeed he begins with the Fajr prayer before its time elapses, because its time has already been determined. Then he prays the missed prayer (i.e. Ishaa).
[Page 15: Fataawaa Muhimma Tata-allaqu Bis-Salaah of Imaam Abdul-Azeez Bin Baaz (rahimahullaah)]