Home » Hanafi Fiqh » Muftionline.co.za » Dealing with a Mosque on Our Property: Can We Sell the Building?

Dealing with a Mosque on Our Property: Can We Sell the Building?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My query is about a land of 22 marlas in the name of my brother which we want to sell and that piece of land has a 2 storey building on it. We were running a school there for almost 20 years. In the building we have a 1 marla mosque in the corner properly built with a mehrab and now due to some financial reasons we want to sell the building. But due to the mosque in the corner, nobody seems to buy that building as it requires an extra attention. In the name of what to do with that cause it covers 25% of front look.

First we thought that no azaan is given properly in the mosque and nobody comes to that mosque because it is closed after school hours so we should consider it a piece of land too and sell it. But when I asked my ancestor about it then she told me that this mosque is here from day one when my grandfather bought this land about 25-30 years ago (we changed its location from left to right corner and built a proper masjid) and this 1 marla of land is devoted for the mosque. So now we cant touch this land and are bound not to sell it but we also can not separate this piece of land from the whole property.

We are in desperate need of money so we have to sell it. If we would sell it and build a mosque of the same area in another spot after receiving the amount of that piece of land or give this money to any mosque or any well fare trust or something will it be ok?

Bismillaah

A: Once a place has been declared a musjid it remains a musjid till the day of Qiyaamat. It cannot be changed. This musjid land is not your land, it has been transferred into the name of Allah Ta`ala.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.