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Can muthavalli do waqf for new masjid?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
assalaamu alaikum question from jamia kauzariyya,aluva, kerala we got one single floor masjid without jumua we have demolished above and constructing new masjid with underground floor and 3 other floors shall we utilize the underground floor for latrine vuzu khana and guest house i am the muthavalli of the waqf and father is original waqif he is no more now shall i again do the waqf as per above mentioned requirements?


(Fatwa: 2300/2095=D/1429)

The land wherein a mosque is built is mosque from beneath earth to the sky. It cannot be allowed to use any floor of the mosque for other purposes except performing slalah and zikr. So it is a severe sin to use the basement of the mosque for toilet etc, it is strictly prohibited; even the real endower (waqif) is not allowed to use any floor of the mosque for any purpose other than salah.

Yes it would have been possible if the real waqif in the beginning would have declared some parts of the land to be out of mosque for other essential things like wadhu, toilet etc. But, once it was declared as mosque, so now no floor and no part of it can be used for any purpose other than salah. Therefore, it is in no case allowed to build toilet etc therein now. You are not allowed to change the existing condition of mosque and then endow it again.

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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