Provisions of mosques and madrasas Fatwa Cover

Masala regarding the transfer of the mosque 7496277551

Monthly Al KawtharProvisions of mosques and madrasas


Question

Subject: The present size of the mosque is approximately 15 cubits (nd.) With 26 (s.d.) (15 cubits n.d.) (20 cubits B.C.) The extended tinset building adjoins due to the difficulty of accommodating the worshipers and the arrival of some To feel the distance of the path of movement. Due to the above-mentioned issues and fears that the expansion and development of the existing mosque building is being hampered, the relocation of the mosque building was initiated by the worshipers of the residence located in the north-east corner of the area. It is not possible to extend the distance to the north-south (to lengthen the rows / rows) without filling the ponds in the limited area of ​​the mosque, to protect the veil of the women in the inner interior of the existing residential area. It was also opined that the people of the area would be able to contribute more financially to the construction of the extended building through more donations and donations. Note that, 1. Since the mosque building is adjacent to the house, the work of protecting the curtain is often hampered by the presence of women in the vicinity of the mosque. 2. Since there are barns in some places not far from the mosque building, it is becoming difficult to keep the environment clean from time to time. 3. The existing distance from the mosque to the residents of the east-north corner of the residential area i.e. one-fourth of the people and if the new building is constructed in the new / proposed area, the open space will be on the side of the open public road, travel will be reduced The idea of ​​getting. 4. The relocation will not be of any benefit to the people / worshipers in the south and south-west of the mosque area (rather it may be inconvenient) as they do not seem to be enthusiastic about it. 5. Some of the worshipers in the north-western part of the mosque area appear to be reluctant to relocate. Notable features of the registered document edited by Meherjan Vanu, wife of the late Chowdhury Patari, the builder of the old mosque building and waqfdatri, are as follows: Waqf property cannot be permanently attached to anyone by Motawalli, otherwise it will be neglected and impure. Motawalli Wafak may not sell or mortgage property donations or convert any kind of name and do any act which causes loss of property. In case of loss of any part of the waqf property due to the fault of Motawalli, Motawalli will be bound to the Muslim and the mahalla chiefs to compensate him. If a motawalli does otherwise, if the waqf property is mortgaged or the donation is sold, if the recipient accepts my right to waqf without looking for it, it will be impure and useless for the recipient. No one of my heirs can revoke or invalidate the rules and regulations of my waqf. It will remain intact and in force forever. For this purpose I wrote the waqf name. In the light of the conditions for waqf in the situation described, it was presented / submitted / for submission of opinion / fatwa on whether it is lawful to move the existing mosque building to a new place. 7219138825


Answer

- حامداومصلياومسلما، بسم الله الرحمن الرحيم -

The details of the question paper raised regarding the transfer of East Nauwagaon Tittal Pataribari Jame Mosque (Thana: Ramganj, District: Laxmipur) and the verbal description of the questioner and the analysis of the waqf documents attached to the question paper are as follows:

  1. Section 4 of the Waqf Deed: Motawalli Waqf property cannot be permanently attached to anyone. Even if it is done, it will be considered as neglected and impure.
  2. Article 5: Motawalli Waqf shall not be allowed to donate, sell or mortgage property or convert any kind of name and in any act which causes loss of property. If any part of the waqf property is damaged due to the mistake of Motawalli's success, he will be obliged to pay his compensation to the musalli and the mahalla chiefs. If a motawalli does otherwise, if the waqf property is mortgaged or the donation is sold, if the recipient accepts the waqf without seeking the conditions and motives, it will be impure and negligible.
  3. Article 7: Rules and Proprietorship of Waqf None of my heirs or successors will make or change anything. It will go on forever and will become a reality. The question is answered below by verifying and analyzing the above sections of the Waqfnama and the overall situation of the matter raised. First of all, if a mosque is built in a lawful manner, it will remain as a mosque forever. None of its sale, transfer or relocation is permissible. It has been narrated in a hadith:Hazrat Abdullah bin Omar. Narrated from Hazrat Umar Ibn Khattab. In the time of the Prophet (peace and blessings of Allaah be upon him) he wanted to give sadaqa (waqf) to one of his lands. It was a date orchard and its name was ‘Chhamag’. Umar Ra. He said, O Messenger of Allah! I own a good property and I want to donate it. The Prophet (peace and blessings of Allaah be upon him) said, 'Give it in charity in such a way that it cannot be sold, donated or inherited.' However, the fruits generated from this (in the prescribed sector) will be spent. As a result, Umar. He thus gives his wealth in charity, which will be spent on jihad, emancipation, the poor, hospitality, travelers, and relatives. (Sahih Bukhari 1/38)Secondly, in the case described in the question, the waqfdatri woman has explicitly prohibited the sale, alteration or any other form of waqf property. And in the Shari'ah, any valid condition of the waqf-bearer is acceptable and enforceable. It cannot be violated. The recognized principle of Islamic jurists is: The (valid) conditions of the waqf must be observed as a matter of Shari'ah.Thirdly, the excuses or problems described in the question are not so serious and complex on the basis of which a mosque relocation can be proposed.Therefore, considering these aspects and issues, it will not be permissible to move the mosque to another area. And since the present mosque is not accommodating the worshipers, the mosque can be expanded by filling the space of the mosque from the ponds on the north and east sides. Or a multi-storied mosque can be built if necessary. Apart from this, the residents of the mahalla and the mosque authorities will take measures to solve other problems. In particular, necessary measures should be taken so that the veil of women is not disturbed due to the movement of worshipers in the mosque and the environment of the mosque should be kept clean from dirt and odor.Even then, if some problems remain, they have to be tolerated for the sake of religion. 9455282496

- والله اعلم باالصواب -

* This Fatwa was translated by Google Translate.
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Source

  • আলমুহীতুল বুরহানী, Part: 9, Page: 129
  • আলবাহরুর রায়েক, Part: 5, Page: 251
  • ফাতাওয়া তাতারখানিয়া, Part: 5, Page: 848
  • ফাতাওয়া হিন্দিয়া, Part: 2, Page: 458
  • হিদায়া, Part: 2, Page: 645
  • আদ্দুররুল মুখতার, Part: 4, Page: 358
  • মাবসূত সারাখসী, Part: 12, Page: 42
  • খুলাসাতুল ফাতাওয়া, Part: 4, Page: 424
  • ফাতহু কাদীর, Part: 5, Page: 446
  • ফাতাওয়া বাযযাযিয়া, Part: 6, Page: 270
  • মাজমাউল আনহুর, Part: 2, Page: 259
  • রদ্দুল মুহতার, Part: 4, Page: 379
  • আলমুহীতুল বুরহানী, Part: 9, Page: 125
  • খুলাসাতুল ফাতাওয়া, Part: 4, Page: 421
  • আলইসআফ ফী আহকামিল আওকাফ, Page: 74
  • ফাতাওয়া বাযযাযিয়া, Part: 6, Page: 268
  • ফাতাওয়া হিন্দিয়া, Part: 2, Page: 456