Question
Our grandfathers donated 53 percent of the land on the south side in front of our village house for a mosque and cemetery. The land is long east-west. They have been using a tin mosque house on the east side of the land to the north and a family cemetery on the west side of the mosque, which has a long east-west side and a long north-south side walkway to their homes and mosques. Grandfather's house on about four acres of land on the north side of the road. In the remaining half of the 53 per cent plots mentioned in the mosque-cemetery, huge Indara for the mosque on the east side and the remaining space on the west side of Indara were vacant. Later, during the time of fathers and uncles, the mosque house was shifted to a vacant place on the west side of Indara. And since then, the former place of the mosque has remained vacant. In our time, when the last land survey was conducted in the area in 1992, we divided the 53 per cent land in the name of mosques and cemeteries by dividing it into 26 and 28 per cent separately and included it in the records. Parts have been earmarked for the cemetery. The former site of the mosque has fallen into the cemetery. Measuring the location of the mosque and the graveyard, it was found that the road in front of our house on the north side of the mosque and the cemetery also fell into the place of the entire mosque and cemetery. Even the border of our house on the north side of the road, which our brothers (partners) planted in rows, seems to have fallen in a row in the place of the mosque-cemetery. In this situation, the brothers cut down some of the trees planted by them for the purpose of leaving the mentioned place of the mosque-cemetery and sold some of the trees. The remaining trees are also being cut down and the place is being vacated. And it has been decided to widen the narrow road between our house and the mosque and connect it with another major road. But now after measurements it has been seen that the road has become part of the mosque-cemetery boundary. Now we need to know: A. Is the way we have divided the 53 percent of the mentioned places of mosques and cemeteries in the record of 1992 correct? If not, what to do now? And what to do about the fact that the former place of the mosque has fallen into the place of the cemetery? B. At present it has been decided to make the mosque bigger and bigger. In this case, if some place of the cemetery has to be used, can it be done or not? C. Is it correct that they have cut down and used the trees planted by the brothers at the border of the mosque and cemetery? If not, what to do now? And what is the order of the remaining trees? D. Is it possible to widen the mentioned road at the boundary of the mosque-graveyard and make it more wide and match it with other major roads? If not, can the road be made through half of the mosque-cemetery and half of our house? And if not, will I be able to use the road at least in the way I have been using it? If the issues are resolved in the light of Quran and Sunnah, InshaAllah we will take necessary steps accordingly. 2465258958
Answer
- حامداومصلياومسلما، بسم الله الرحمن الرحيم -
A and b. According to the description of the question, since the waqf takers have jointly waqfed 53 per cent of the space for both the mosque and the graveyard, it has to be divided equally for both the mosque and the graveyard, i.e. twenty-six per cent. And it is important to maintain the place where the waqfs first built the mosque as a mosque. If a pucca mosque is built, it should be built on the site of the old mosque. Therefore, in the vicinity of the old mosque on the north-east side, north-south or east-west, the facility should be reserved for twenty-six and a half per cent of the mosques and the other half should be reserved for the cemetery. Therefore, the newly built mosque in the south-west will not have a mosque. That must be left for the cemetery. And the record of 1992 has not been corrected. It is necessary to correct it as stated above.-Sahih Bukhari 1/362; Hedaya 2/745; Fathul Qadir 5/439 C. It is right to use or sell the trees planted by the brothers. The remaining trees need to be removed quickly. And for planting trees in the place of mosque and graveyard, the place has to be paid fair rent.-Tankihul Fatawa Hamidia 2/162 D. Waqf places should be avoided for road use as much as possible. If it is possible to build a road on one's own land, that is what one has to do. If it becomes necessary to take from the land of the waqf alone, the waqf will not be harmed and will be able to take it according to justice.-Fatawa Khaniya 3/306; Fatawa Hindi 2/36 8729197828
- والله اعلم باالصواب -
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