Offering 'Eed prayer in government land without permission
Fatwa No: 196637

  • Fatwa Date:23-1-2013 - Rabee' Al-Awwal 12, 1434
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Question

some part of the iddgah(where idul fitre performed) has unauthorised(govt. land and permissions had not taken to make permanent boundary or made avaible for prayer).in this situation can we perform the wajib salah idul fitre and iduzzuha.give the details in the light of hadith and quran.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

 

Offering ‘Eed prayer in Musalla (an open place where Muslims gather to perform ‘Eed prayer) out of the mosque is a recommended Sunnah, not obligatory, as indicated by the authentic Ahaadeeth. Amongst them is what was narrated by Ibn ‘Umar  may  Allaah  be  pleased  with  him that the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, used to proceed to the Musalla on the Day of ‘Eed and an 'Anazah (i.e. something like a spear) used to be carried before him. When he, sallallaahu ‘alayhi wa sallam, reached the Musalla, it was planted in front of him and he would pray facing it (as a Sutrah, i.e. an object that prevents others from passing in front of him within his praying area) because it was an open place and had nothing to be used as Sutrah. [Al-Bukhari and Ibn Maajah, and this is the wording of Ibn Maajah] For more benefit regarding the ruling of ‘Eed prayer, please refer to Fatwa 81690.

According to the information included in the question, it seems that it comes from a non-Muslim country. It is well known that obeying the non-Muslim government is not obligatory as a basic ruling; rather, it is obligatory to obey the Muslim ruler as Ash-Shawkaani  may  Allaah  have  mercy  upon  him said regarding the interpretation of the saying of Allaah The Almighty (which means): {O you who have believed, obey Allaah and obey the Messenger and those in authority among you.} [Quran 4:59], "He is the one who has a Sharee‘ah-based authority, not the one who has any other false authority". [End quote]

However, the matter of benefits and harms should be taken into consideration while dealing with it (a non-Muslim government). It may be obligatory for you to comply with government rulings that do not go against our Sharee‘ah, for that is included in the principle of honoring promises.

Regarding offering prayer in the government-owned land without taking permission, some details should be stated regarding that issue. If it is called government land because the state has authority on it through buying it from its owner or dedicating it for a specific project, then prayer cannot be offered in it except after having permission from the government because it is a land that is owned by others and it is not permissible to offer prayer in the land of other people by force, even if they are non-Muslims.

But if it is called 'government land' because it is under the disposal of the government because it is included in the boundaries of the state while the government does not have authority on it through buying nor dedicating it for a specific project or the like, but it is actually an unowned land, then there is no harm to offer prayer in it, whether it is the ‘Eed prayer or any other prayer, even without having a license, unless you fear that this may cause harm to you, then in that case it is not permissible to offer prayer in it without having a license to ward off harm. Also, if it is a public place and offering prayer in it will close it, block the passers-by's way and the like, then you should not use it for prayer before having a license from the government.

On the other hand, if the government prevents building in this area without a license, then it is not permissible for you to build a wall or fence for the Musalla without having a license from the government; however, building a wall around it is not a condition for offering prayer in it. So, you can offer prayer in it without that wall.

Allaah Knows best.

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