Assalam Walaikum! There is one property Flat in a recognized society on first floor and there is a MASJID (the place reserved for performing NAMAJ) at the ground floor exact below the said flat.In this said MASJID 5 times NAMAJ is performed every day except JUMA & IDD NAMAJ. I am interested in buying the flat but I am having a doubt that I can not use the flat for residence purpose as NAMAJ is being performed in that MASJID regularly. My question is. 1. Can i purchase & use the flat for residential purpose? 2. Can the place reserved for performing NAMAJ for convenience be called as MASJID?
Answer
(Fatwa: 164/162/B=1431)
People can perform five time salah at the place fixed for prayers (which is just below the first floor), but it will not be considered masjid shar’i; therefore it is permissible to either sell and purchase the flat or to reside therein.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband