Source: Fatawa Ilmiyyah (Tawdih al-Ahkam)
Is the prayer (Salah) valid if performed on land that has been usurped or unlawfully seized?
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh. Ammā baʿd!
There is a difference of opinion among scholars on this issue.
Within the Hanbali school, there are two narrations:
➊ One opinion permits performing Salah on usurped land.
➋ The other opinion prohibits it.
Imam Abu Hanifa (رحمه الله), Imam Malik (رحمه الله), and Imam al-Shafi‘i (رحمه الله) each have narrations that suggest permissibility.
① The Author of al-Muhadhdhab:
"Performing Salah on usurped land is impermissible, because if dwelling on such land is prohibited, then praying there is even more so. However, if someone does pray there, the Salah will be valid, as the prohibition does not pertain to the Salah itself in a way that would invalidate it."
② Imam al-Nawawi (رحمه الله):
"Performing Salah on usurped land is unanimously haram (forbidden). However, according to us (the Shafi'is), the majority of jurists, and the scholars of Usul, if the Salah is performed, it will be valid."
The preferable view, and the one I incline toward, is that:
➤ The validity of Salah is not affected, because the prohibition relates to the act of usurping or staying on the land, not the prayer itself in a manner that would invalidate it.
❖ Question:
Is the prayer (Salah) valid if performed on land that has been usurped or unlawfully seized?
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh. Ammā baʿd!
There is a difference of opinion among scholars on this issue.
❖ Hanbali Position:
Within the Hanbali school, there are two narrations:
➊ One opinion permits performing Salah on usurped land.
➋ The other opinion prohibits it.
❖ Other Major Imams:
Imam Abu Hanifa (رحمه الله), Imam Malik (رحمه الله), and Imam al-Shafi‘i (رحمه الله) each have narrations that suggest permissibility.
❖ Scholarly Opinions
① The Author of al-Muhadhdhab:
"Performing Salah on usurped land is impermissible, because if dwelling on such land is prohibited, then praying there is even more so. However, if someone does pray there, the Salah will be valid, as the prohibition does not pertain to the Salah itself in a way that would invalidate it."
② Imam al-Nawawi (رحمه الله):
"Performing Salah on usurped land is unanimously haram (forbidden). However, according to us (the Shafi'is), the majority of jurists, and the scholars of Usul, if the Salah is performed, it will be valid."
❖ Preferred Opinion (Rajih Qawl):
The preferable view, and the one I incline toward, is that:
➤ The validity of Salah is not affected, because the prohibition relates to the act of usurping or staying on the land, not the prayer itself in a manner that would invalidate it.
❖ References for Further Study:
- Al-Majmu‘ Sharh al-Muhadhdhab, Volume 3, Page 165
- Al-Mughni, Volume 2, Pages 476–477
