Provisions of mosques and madrasas Fatwa Cover

Whether the heirs will be able to take back the land allotted for the mosque 1898463878

Monthly Al Kawthar•Provisions of mosques and madrasas•

Question

Due to the dense population in our area, the former small mosque is not crowded with worshipers. As a result, it is very difficult to pray. We were discussing the matter. One day we went to the house of Abdul Gani, a respected person of the area. Talking to him about this, he said that the 5th floor of my house is empty. If you want, you can turn it into a mosque. Then we cleaned the 5th floor and started praying on it. An imam was also appointed a week later. Thus we have been praying there for a long time. But a few days ago, his eldest son stopped praying and started work on the 5th floor because he wanted to do more on the second floor. They say we gave it for prayer when we didn't need it. But now we need; It's not enough, so we have to build two more floors. So I want to know, will it be permissible to take it back with the 5th floor for the mosque? It will not be a sin to demolish their mosque? 5653865597

Answer

- حامداومصلياومسلما، بسم الله الرحمن الرحيم -

In the case in question, if the owner of the house has given the floor permanently for the mosque, it has become an order of the mosque. Because if a certain floor or a part of a building is given for a mosque, it also becomes waqf. In that case, it will not be valid for the heirs of the waqf to cancel it. Instead, they should register the 5th floor in the name of the mosque. And even if it is a 5th floor mosque, the homeowners will be able to build more floors for them on top of it. It will not be in the order of the mosque. But if the owner of the house has given the 5th floor only for temporary prayers, not as a permanent mosque, then it will be lawful for the heirs to bring it for their own use. It will not be right for the devotees to build a dam. 9192557974

- والله اعلم باالصواب -

* This Fatwa was translated by Google Translate.
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Source

  • -ফাতাওয়া তাতারখানিয়া, Part: 8, Page: 161
  • ফাতহুল কাদীর, Part: 5, Page: 445
  • আলইসআফ ফী আহকামিল আওকাফ, Part: 1, Page: 72

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