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Can the Masjid Committee Cancel a Contract With a Builder To Renovate the Masjid?

Answered by: Shaykh Ahmed bin Mohamed Umarji

Question:

A masjid committee signed a contract with a builder to renovate the masjid. They had doubts about the contractor and hired a third-party inspector. The inspector found that the builder was not doing the job properly. Can the masjid committee cancel the contract?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

If the contractor did not do the job as stipulated, they are not required to be compensated. Thus the contract may be cancelled.

It is stated in Al-Hidaya: “If someone was hired to breastfeed a child and the child was given the dairy milk, they will not be compensated as they did not carry out the job as stipulated”1

It is stated in Al-Durr Al-Mukhtar: “If the (one hired to) cook spoils the food, burns it, or did not cook it, they will be held liable.”2

Only Allah knows best

Written by Shaykh Ahmed Bin Mohamed Umarji

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

1 Al-Hidaya , Volume 3 , Page 239 , Dar Ihya At-Turath Al-arabi

2 Al-Durr Al-Mukhtar, 571, Dar Al-Kotob Al-Ilmiyyah 2002

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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