One arab muslim owns one mosque as his personal property. Imam is from Azhar and Azhar pays him salary. Problem is owner prays five times a day but his wife is an american christian. They married a long time ago but She did not accept islam and is continously in christian faith. Owner is getting old. If he dies the property goes to his wife. Suppose at that time if she allows muslims to pray in the mosque as usual. Then question is whether muslims are allowed to pray in the building owns by a christian or not. At this point owner refuses to transfer the building to the muslim community. Muslim community is very small and they do not have resources to buy an other building for mosque that cost lot of money.
Answer:
(Fatwa: 1097/1028=B)
According to you, if the mosque will go to the Christian wife after the death of the Arab Muslim, then if she will allow Muslims to pray there they can pray. And this mosque will become waqf and a legal mosque by allowing. If a non-Muslim gives any property in waqf (endowment) considering it an act of virtue this will be accepted in Islam.
If the Arab has built the mosque and allowed common Muslims to pray there and Muslims are praying five time prayers in the same mosque then it will be considered a legal mosque. This will not go to his wife after his death, but will remain mosque forever.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband