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The question

How are we to understand the ruling of "illicit" (Ghayr Mashrou')? Does it refer to committing the forbidden (muharram) or the disliked (makruh), neglecting an obligation (wajib), or doing that which is contrary to what is superior (khilaf al-awla)? And what are the consequences of committing an "illicit" act in examples such as offering the funeral prayer in absentia (salat al-gha'ib) for someone who has already been prayed over, the congregant reciting Al-Fatiha, and offering salutations (taslim) to interrupt the prayer?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The term "illicit" (غير مشروع) among jurists means that which is neither obligatory nor (recommended), and it implies a lack of obligation and recommendation. Ibn 'Uthaymeen stated that "not prescribed" (لا يشرع) encompasses both the obligatory and the recommended, as both are prescribed and required to be performed. He mentioned that something can be permissible (جائز) yet not prescribed (ليس بمشروع), meaning it is permissible to perform it as an act of worship, but it is not prescribed. He gave the example of performing acts of worship on behalf of others, such as giving charity on behalf of the deceased, which is permissible but not prescribed.

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Original fatwa ID
164448
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