Praying at a “Musallah” owned through a mortgage that has not been cleared

Answered according to Hanafi Fiqh by

I would like to know is it allowed or prohibited to pray at Musallah which is :

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1- a property of a brother owned through mortgage. Mortage yet not cleared.

2- The  Mortaged property basement is provided for this purpose only.

3- Owner of property owner thinks that he will get reward/shawab-e-jaria for this provided place.

4- Is it permissible to consider this place as Musallah which is considered as prayer place of Jumma by Locals.

5- The property area so called Musallah have 3 Committee member who are responsible for arrannging Imam, donation and Jumma Prayer and other deen works. Is it not committee management responsibility to provide information of status of the place to community who have no idea of the status of  the place(Musallah) as it is under mortgage.

6- Management committee thinks that as it is khidmat of the owner so person should respect his contribution as musallah and avoiding Fiqh rule/jurisdiction.

7- What can be best solution for Owner and the committee management of the musallah to solve the issue without disrupting the public belief.

8- Can the place be rented along with electricity bill to solve the fiqh issue if it is under that.

9- What will be status of the prayer if performed at that place.

Make Note the place is in this status since 10 years and this is recently came to know by straight talk with the owner of the place.

If this place can run like the current status then is it permissible to own a place by a islamic charity through bank using mortgage for Masjid. i.e Can we build a Mosque through bank Mortgage or Loan, which has riba?

Kindly educate and provide fiqhi guideline from Hanfi school and other Mazhab to convince them to legalize the place from islamic point of way.


In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

There are two aspects to the query. One is the mortgage (interest bearing loan) for the house. The other issue is using the basement as a musalla.

With regard to mortgage of the house, it is well known that it is haraam. That is a sin upon the owner.

The second issue is performing salaah in such a place. In principle, the salaah performed there will be valid. However the public know the seriousness of mortgage and it being a major sin. The public would come to perform salaah, make ibaadat, cleanse themselves and spiritually uplift themselves. If the public is aware of the house being mortgaged and used as a musalla, the resentment towards interest may make them uncomfortable and may not achieve the desired spirituality by performing salaah in such a place.

While the sincerity of the owner should be appreciated, he should be advised to pay off the mortgage as soon as possible to avoid any disruption in the public. If possible, assist the owner to pay the mortgage.

And Allah Ta’āla Knows Best

Aboobakr Siddeeq bin Mufti Amjad Mohammad

Student Darul Iftaa 

Azaadville, JHB, South Africa

Checked and Approved by,
Mufti Ebrahim Desai.