
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 north and a family cemetery on the west side of the mosque. It has a long east-west road on the north side and a long north-south road on the east side. 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. He later relocated the mosque to a vacant lot on the west side of Indara. The former site of the mosque has been vacant since then. In our time 1992 6. When the last land survey was conducted in the area in the year, we divided the 53 per cent land into mosques and cemeteries by dividing it into 26 and 27 per cent separately and since the south side has been shifted to Indara and mosque houses, the southern part is for mosques and the northern part for cemeteries. Has been specified. But the former site of the mosque is part of 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 fell between the entire mosque and the graveyard. Even the fruit and wood trees that our brothers (partners) planted in rows on the north side of the road seem to be the boundaries of our house and have fallen in rows in the mosque-graveyard. In this situation, the brothers cut down some of the trees planted by them and sold some of the trees for the purpose of leaving the mentioned place to the mosque-cemetery. The remaining trees are also in the process of being cleared. And it has been decided to widen the narrow road that we have in our houses and mosques and connect it with another big road. But now it is seen that the road has become part of the mosque-cemetery boundary. Now we need to know:
- 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 the former place of the mosque has fallen in the place of the cemetery, what to do about it?
- 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?
- My brothers have cut down and sold the trees that fell on the mosque-cemetery boundary. Is it correct? If not, what to do now? And what is the order of the remaining trees?
- Is it possible to widen the mentioned road at the boundary of the mosque-graveyard and merge it with other major roads as per everyone's decision? If not, can the road be made through half of the mosque-cemetery and half of our house? And if not, can I at least use the road the way I used it?If the issues are resolved in the light of Quran and Hadith, InshaAllah we will take necessary steps accordingly. 3111493626
Answer
- حامداومصلياومسلما، بسم الله الرحمن الرحيم -
(A and b) As per the description of the question, since the waqf takers have jointly waqfed 53 per cent of the land for both the mosque and the graveyard, it is necessary to divide the mosque and the graveyard equally for both the mosque and the graveyard. And it is necessary to maintain the place where the waqf-bearers first built the mosque as a mosque. Twenty-six and a half per cent of the facilities in the north-south or east-west facilities should be reserved for the other half of the cemeteries. 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 important to correct it as stated above. Answer: (c) It is right to use or sell the trees planted by your brothers. The remaining trees need to be removed quickly. And if the mosque authorities want, they can take rent from them for the use of the land of the mosque. Answer: (d) Waqf place should be refrained from being used for rasa as much as possible. Therefore, if it is possible to build a road on private land, that is what should be done. And if that is not possible, you can use as many roads as you have used before. If you want to widen the road, you have to pay half or the rest from your own place as per your proposal. However, it should be noted that not so much land can be taken from the waqf place for the road which is a loss to the waqf. 9536542448
- والله اعلم باالصواب -
* This Fatwa was translated by Google Translate.
To see the original click here
Source
- সহীহ বুখারী, Part: 1, Page: 382
- ফাতহুল কাদীর, Part: 5, Page: 439
- ফাতাওয়া হিন্দিয়া, Part: 2, Page: 368
- হেদায়া, Part: 2, Page: 645
- তানকীহুল ফাতাওয়া হামীদিয়া, Part: 2, Page: 182
- ফাতাওয়া খানিয়া, Part: 3, Page: 308
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