Dear Mufti Saheb, Aaslam Alaikum My question is that in our locality three sisters own a plot of land and it was agreed that the two sisters will not claim their right in the property on payment of considerable amount to be paid by one of the sister. However, the sister did not make any payment to the other two sisters but rather built a Mosque on the said plot of land. Regular prayers are offered including Jumah and also Jammat stay in the said Mosque. The matter has reached to the Court and till date the matter has not been compromised nor any payment was made. KIndly reply in the light of Quran and Hadis whether it is proper to offer prayers in the said Mosque and what is the status of the said Mosque and what steps should be taken by the sister who is to make payment so that the matter could be compromised. Thanks.
Answer:
(Fatwa: 770/745=D/1429)
How was the dealing made? There was selling and purchasing i.e. the sisters sold their shares to their one sister on payment of considerable amount, then the sister who purchased will own the land, she can construct a mosque on the land and salah performed therein will be valid. However, the sister must pay the amount to her sisters; delaying payment for no reason is sin.
However, if the dealing was made another way, then you should clarify it and ask the question again.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband