In our city one Muslim’s forefathers had donated two connected properties one for mosque and another for orphanages ( Yatim Khana) but unfortunately some group had acquired the property of orphanages and started praying the namaz in acquired land of orphanages instead of coming in the mosque. One who has donated the mosque and Yatim Khana had no objection no restrictions for the other group for coming in the mosque and pray the namaz but due to lack of Islamic beliefs other group doesn’t want to leave the orphanages property. The donor personally had strictly warned not to use orphanages property its Yatims property. The Trust of the Yatim Khana had all the legal documents in their own name but still other group is coming in that area and praying the namaz breaking rules and regulations of Yatims. My question is whether on the acquired land of Yatim Khana having mosque near to it in Yatims place without permission of the trust namaz is possible. What does our Shariah say in the regard of Yatims?

Answered according to Hanafi Fiqh by

بسم الله الرحمن الرحيم

(Fatwa: 20/19/D=01/1435)

It is must to strictly follow the intention of endowers (doers of waqf):
قال فی الشامی: مراعاة غرض الواقفين واجبة (ج 3، ص 464 الدر مع الرد) وقال ايضا شرط الواقف كنص الشارع اى فى المفهوم والدلالة (ج 3، ص 456 الدر مع الرد)
Those who do jamat in Yatim Khana instead of mosque cause rift between Muslims as well it is deprivation from the reward of mosque. However, it is not unlawful if you sometime offer salah in Yatim Khana, but it is unlawful to turn the Yatim Khana (orphanage) into mosque as it is against the intention of the endower. When the papers of Yatim Khana Trust are with you then you should solve the problem along with some serene persons. Those who want to build another mosque they should buy land somewhere else and construct the mosque there.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband