About waqf property which is on rent

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
There is a masjid in my area which has a shop and a house which was on rent from last 30 years on the same person. Now we want to expend the masjid area for namaz because current space is insufficient for people to offer namaz so to solve this problem we want to destroy the shop and home and want to add this space in masjid. We want to know that (1) is it lawful to destroy shop and home for masjid use? (2) If a person who is paying the rent of shop and home refuses to vacate the shop and home, what is the right method to get that masque property back.(3) The person who is paying the rent of shop and home have his another home where he can shift with his family but he doesn’t have any other shop except for this masque shop.

بسم الله الرحمن الرحيم

(Fatwa: 818/854/L=07/1436)

In the question mentioned above, since the available space is insufficient for the namazis; hence it is lawful to expand the mosque by including the shop and house in the mosque.
كما هو مذكور فى البحر، ولو كان بجنب المسجد أرض وقف على الوقف فأرادوا أي يزيدوا شيئاً فى المسجد من الأرض جاز ذلك بأمر القاضى (البحر الرائق 5/428)

The tenant does not have the right to occupy the shop and house rather he should immediately vacate it on the demand of the mutawalli and the concerned authority. In compulsion, it is also right for the locals to collect donation from the people and pay him some amount and get it vacated. But it shall not be lawful for the tenant to take the money.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband


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