Ruling on Ṣalāh Performed on Usurped Land and the Opinions of the Fuqahāʾ
Question:
Will the prayer (ṣalāh) offered on usurped (ghasb) land be valid or invalid?
Answer:
Al-ḥamdu lillāh, wa-ṣ-ṣalātu wa-salāmu ʿalā Rasūlillāh. Ammā baʿd:
There is a difference of opinion among the scholars on this matter.
◈ The Ḥanbalī position contains two reported views:
➊ According to one narration, performing prayer on usurped land is permissible.
➋ Another narration states it is impermissible.
◈ From Imām Abū Ḥanīfah, Imām Mālik, and Imām al-Shāfiʿī there is also a view reported indicating permissibility.
1. The view of the author of al-Muhadhdhab:
"Prayer in usurped land is impermissible, for if residing there is ḥarām, then praying there is even more so. However, if someone does pray there, the prayer will be valid, because the prohibition is not directly related to the prayer itself such that it would prevent its validity."
2. The view of Imām al-Nawawī:
"Praying in usurped land is ḥarām by consensus, and according to us, as well as the majority of the jurists and scholars of uṣūl, if the prayer is performed, it will still be valid."
The stronger opinion is that:
◈ The validity of the prayer is unaffected, because the prohibition is not related to the prayer itself, which would otherwise invalidate it.
Detailed References:
Hādhā mā ʿindī wa-Allāhu aʿlam bi-ṣ-ṣawāb.
Question:
Will the prayer (ṣalāh) offered on usurped (ghasb) land be valid or invalid?
Answer:
Al-ḥamdu lillāh, wa-ṣ-ṣalātu wa-salāmu ʿalā Rasūlillāh. Ammā baʿd:
There is a difference of opinion among the scholars on this matter.
◈ The Ḥanbalī position contains two reported views:
➊ According to one narration, performing prayer on usurped land is permissible.
➋ Another narration states it is impermissible.
◈ From Imām Abū Ḥanīfah, Imām Mālik, and Imām al-Shāfiʿī there is also a view reported indicating permissibility.
Opinions of the Jurists
1. The view of the author of al-Muhadhdhab:
"Prayer in usurped land is impermissible, for if residing there is ḥarām, then praying there is even more so. However, if someone does pray there, the prayer will be valid, because the prohibition is not directly related to the prayer itself such that it would prevent its validity."
2. The view of Imām al-Nawawī:
"Praying in usurped land is ḥarām by consensus, and according to us, as well as the majority of the jurists and scholars of uṣūl, if the prayer is performed, it will still be valid."
Preferred (Rājiḥ) View
The stronger opinion is that:
◈ The validity of the prayer is unaffected, because the prohibition is not related to the prayer itself, which would otherwise invalidate it.
Detailed References:
- al-Majmūʿ Sharḥ al-Muhadhdhab, vol. 3, p. 165
- al-Mughnī, vol. 2, pp. 476–477
Hādhā mā ʿindī wa-Allāhu aʿlam bi-ṣ-ṣawāb.
