Is the congregation prayer of everybody void, if the place where the imam of that prayer stands and prostrates upon encroaches on public property (say, the side walk) of which they haven't acquired any permission from the concerned authorities?

Would the ruling on the above be the same, if the place encroached on some private property for which they had no permission or have usurped?

Assuming that the place on which the other members of the congregational are standing and prostrating is legally acquired (say a mosque) or they have the permission to do so.

Source required

  • the place is encroached by Imam illegally or legally? for example prayer at a park does not need any permission and is legal. park is for every one and Imam is one of all people. but if there is an illegal action involves like blocking a public way and bothering people it is different issue. Feb 2, 2014 at 8:13

2 Answers 2


As a general rule, we can say that some general places such as streets, parks and .. don't need to find their persons in charges and get their permission. since as it is obvious, they are public places, but the place which are private, hence we ought to get the permission of their authorities (the persons in charges)

In regard to saying prayer in the places which are not too public, such as schools, hotels and so on, you ought to obtain the permission of its authorities.

In the mentioned issue, you should see that if it is counted as a public place, the imam can stands and prostrates upon encroaches on public property. thus the significant point is that you should figure out if it is completely counted as a public place. (seemingly).

  • you can't do it on footpath or road...
    – user9301
    Dec 30, 2014 at 14:27
  • how come? why we cannot do it? would you plz state more? Dec 31, 2014 at 17:53
  • The teachings of Islam teach us that we should not hurt others feelings or become inconvenince to others, if you pray jamat covering the footpath or road, who knows who may feel bad about it some people might even hurt their feelings and such act according to psychology depicts aggresive behaviour, which doesn't do any good to Islam because it isn't islam(I am referring to aggresive behaviour).
    – user9301
    Jan 1, 2015 at 15:49
  • oh, yeah, logically it could be good if it close the way of people, but i assume it couldnt be problem if the person look for an appropriate and empty place where doesnt annoy..., otherwise u r right from an aspect. Jan 2, 2015 at 16:19

The same case happened a few months back where I live (people created a mosque on public property), and the scholars have forbid us from offering Salah there as it has been illegally constructed on public property. but if there is no mosque and just offering salah in open air (e.g., during Eid congregations are large and might need some space say a park) then I would recommend to get permission. So as to avoid hurting others. but if you are in a Islamic country or Muslim majority area then it is understood by authorities by default.


Abusing a believer or hurting him is a great sin in Islam and is similar to throwing oneself in destruction. Islam promotes respect and peace. The Messenger of Allah (S) said, “Abusing a believer is like throwing oneself into destruction.” (Al-Kāfi Vol. 2 page 359)


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