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Can two Muslims who make no financial contribution to a mosque & madarasa claim ownership of it?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Mufti sahib, assalam o alaikum I request you to please reply to the following questions: 1) On a plot of land is it allowed to a) construct a mosque on gound floor b) an Islamic madarasa on first floor c) accommodation for muslim students on second floor 2) In UP India if a plot of land is purchased for thr sole purpose of building a mosque & madarasa with sadqa a jaaria money , in the name of two local muslims who have not contributed any money.Can they or their descesdants claim the ownership of the mosque and madarasa after their costruction ,again those two muslims make no financial contribution towards construction. what legal document is required so that the mosque and madarasa do not become personal property of anyone. 3) In UP India is it necessary to obtain prior permission from local government to build a mosque and madarasa in a newly populated residential area where no mosque exist for the local muslims 4) If zakat,khairat nad sadqaat are collected for the use of madarasa , what percentage of this money the people who collect this money can keep as their personal expenses. Thank you!


(Fatwa: 86/83=B/1429)

(1) A land endowed for a mosque is entirely mosque from beneath to above. If a floor of building is made permanent madrasa and the other floor is made hostel then it will not be called Masjid Sharee. By performing salah one will get the reward of Jamat but not that of mosque.

(2) Masjid (mosque) is called an endowed place which cannot be owned by anyone. In order to protect a mosque one should adopt every possible means.

(3) Those who collect donations are not allowed to receive their wages on percentage.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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