Provisions of mosques and madrasas Fatwa Cover

Waqf for mortgaged land mosques 7596642431

Monthly Al KawtharProvisions of mosques and madrasas


Question

In 1984, a man set up a textile mill in Gokul Madhyapara village under Bogra Sadar upazila. He built a mosque adjacent to the mill for the prayers of the mill workers. The worshipers of the area also perform prayers there. The mill owner was responsible for the service of the mosque. Later, when there was a recession in the mill, the mill owner put the responsibility on the people. Since then, the people of the area have been bearing all the expenses of the mosque by paying monthly dues. The mosque is currently in need of renovation or reconstruction. It may be mentioned here that before the construction of the mill and the mosque, the owner mortgaged all the property to Sonali Bank. Which is currently in the process of being issued a decree in the court as unpaid. The owner has already been consulted for the renovation of the mosque. Especially about giving waqf. He said that since all the properties are mortgaged with the bank, he verbally confessed in front of the worshipers of the area to the effect that he had given waqf. He further said that neither I nor any of my heirs can claim this mosque later. The people of the area need help and cooperation to renovate or rebuild the mosque. But since there is no waqf in writing, the doubts in everyone's mind are:

  1. Is the prayer of the worshipers of this mosque permissible or not?
  2. Is there a need for WAFKF in writing?
  3. Will it be permissible to rebuild the mosque on the mortgaged land?
  4. The name of the mosque was formerly Gokul Textile Mill Jame Mosque. Can it be changed to 'Gokul Madhyapara Jame Mosque' now?
  5. If it is not possible to rebuild or renovate the mosque due to some legal complications, then whether a new mosque can be built in the vicinity of the mosque instead of the site.I am anxious to give the correct answer in the light of Quran-Sunnah. 5535169411


Answer

- حامداومصلياومسلما، بسم الله الرحمن الرحيم -

Wafak of mortgaged land is not effective; Rather hanging. Therefore, the mosque in question has not yet been considered as a Shariah mosque. However, if the mortgage is released, it will become a waqf property, as the donor said. At present it is not possible to rebuild the mosque in that place as it is not possible even after trying to buy it from the bank for the mortgaged property and according to the questioner. In this case, the duty of the locals is to buy land for a mosque in the vicinity of that place and build a new mosque. And the name of this new mosque can be Gokul Madhyapara Jame Mosque. It is to be noted that all the prayers performed at the place of the said mortgage have been validated. It is to be noted that the moral responsibility of the land owner is to make the waqf effective by releasing the land from the bank. 2817735837

- والله اعلم باالصواب -

* This Fatwa was translated by Google Translate.
To see the original click here

Source

  • জামে তিরমিযী, Part: 2, Page: 117
  • তুহফাতুল আহওয়াযী, Part: 8, Page: 103
  • ফাতাওয়া হিন্দিয়া, Part: 2, Page: 354
  • খুলাসাতুল ফাতাওয়া, Part: 4, Page: 412
  • আলমুহীতুল বুরহানী, Part: 8, Page: 506
  • আদ্দুররুল মুখতার, Part: 4, Page: 397