About 53 years ago local Islamia committee bought a piece of land in village Jhandutta Distt Bilaspur, Himachal Pradesh, of Rs. 160/- measuring 23 x 13 feet and constructed 2 KUCCHA rooms with mud and clay for madrasa. Islamia Committee appointed a Molvi to teach students. For 4-5 years children kept coming for Islamic studies and gradually they stopped coming. Islamia Committee paid salary to Maulana for 3-4 years and later on local Islamia Committee showed their incompetence to pay salary. Then Maulana Saheb with the permission of committee and local people started a shop in that structure to meet the needs of life as he was not getting any aid from any quarter. Till date Maulana is running shop in it and he maintained the structure by doing one or other maintenance work in it. In between Maulana paid rent to local committee for some years. Maulana sahib has also performed imamah for more than 45 years and did not take any benefit. Now there is conflict between Maulana and the Committee to get those rooms vacated. Madrasa is on the verge of collapse in near future as it is quite old and constructed with mud and clay. As per the situation this land is not enough to construct Madrasa and there is no land adjacent to this structure which can be bought and used for the purpose. This dispute is now more than 25 years old which might lead to court or any untoward incident. Maulana sahib is ready to pay the cost of that land as per the market rate or exchange the double of that land (if available) in nearby area. People of the area also want an amicable solution to this problem as Maulana sahib has performed Imamah among them. Under such circumstances please guide us, whether we can take the cost of that land and use that money to construct, renovate other madrasa or masjid or can we exchange that land? What do the Ulama think about this, please email us as soon as possible so this dispute can be resolved forever.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 997/L-346/TL=1434)

The land of a madrasa is waqf (endowment) and it is not lawful to sell and buy the land of waqf (endowment) or exchange it after the waqf is complete and enforced. Hence in the question mentioned above, it shall not be allowed to sell or exchange the land as per the Shariah. Also if the Maulana sahib has occupied some rooms of madrasa he should evacuate them. It is not lawful to occupy the rooms of madrasa.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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