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.
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