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Can I purchase & use a flat above a place reserved for prayer for residential purposes?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Assalam Walaikum! There is one property Flat in a recognized society on first floor and there is a MASJID (the place reserved for performing NAMAJ) at the ground floor exact below the said flat.In this said MASJID 5 times NAMAJ is performed every day except JUMA & IDD NAMAJ. I am interested in buying the flat but I am having a doubt that I can not use the flat for residence purpose as NAMAJ is being performed in that MASJID regularly. My question is. 1. Can i purchase & use the flat for residential purpose? 2. Can the place reserved for performing NAMAJ for convenience be called as MASJID?

Answer

(Fatwa: 164/162/B=1431)

People can perform five time salah at the place fixed for prayers (which is just below the first floor), but it will not be considered masjid shar’i; therefore it is permissible to either sell and purchase the flat or to reside therein.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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