Is the prayer valid if performed in a usurped (ghasb) location?
Chapter on Praying with Impurity and Other Matters
Al-Mughni
Book of Prayer
Primary text
The prayer performed in a usurped location is invalid. This position is held by one of the opinions of Al-Shafi'i. The reasoning is that the prayer constitutes an act of worship performed in a manner that is explicitly forbidden. The prohibition implies that the action itself is forbidden, requires avoidance, and incurs sin upon performance. Therefore, one cannot be obedient while committing disobedience, or fulfilling a divine command while engaged in what is prohibited, or drawing near to God through an act that distances one from Him. The movements and postures of the prayer, such as standing, bowing, and prostrating, are deliberate actions that are concurrently forbidden.
Supporting text
A second opinion, held by Abu Hanifa, Malik, and the second view of Al-Shafi'i, maintains that the prayer is valid. This is because the prohibition does not return to the validity of the prayer itself, similar to situations where one witnesses a drowning person or a fire and is able to rescue or extinguish it but refrains, or delays payment to a creditor whom one can pay. In these cases, the person is not prohibited from performing the prayer.