Q: A property had been made waqf with the intention that the income be utilised for various charity purposes. Presently there is a dire need for a at least a Musallah where the local Muslim brothers can offer daily 5 salaahs. The waaqif is willing to make a supplementary Deed to incorporate the establishment of a Musallah on the empty terrace of the building he had donated. Is this ok and can one perform Jummah salaah and also tarawih and Eid salaah in addition to the daily 5 times salaah in such a place?
A:
1. It is permissible to utilize the empty space for performing Salaah provided this does not affect the purpose for which the property was given as waqf. However it should be borne in mind that once a property is given for waqf for a certain purpose, then it will not be possible to make any changes later on in the waqf. For the time being this empty space that is not being used for the waqf can be used for performing salaah till another venue is obtained.
2. Yes
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)