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Is This Permissible?

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

Our Masjid was built on two floors initially and specific intention to include sections of these two floors as Jamaat Khana was made, subsequently due to planning objections the basement (which was not intended to be used as Jamaat Khana and has never been used for such purpose) was built to be used as a car park. This basement occupies almost the entire boundary of the Masjid including the Jamaat Khana which is directly above.
We would like to clarify the following rulings of Shari’ah;
1) Is the area of the basement to be treated as a Shar’i Masjid?
2) If NO then can it be used for community projects such as recreational facilities (Gym, Snooker etc.)? Can Non-Muslims members of the community participate in activities conducted within this area?
3) If YES then what are the limitations of its use?
May Allah (SWT) reward you for taking the time to answer these queries.
Jazakallah Khayran

Answer:

 

 

What we understand from your question is that the entire building consists of two floors and a basement. Initially the intention was this, that both the floors will be used as a Jamaat Khana, i.e. temporarily being used for Salaah, there after the intention was to properly make the second floor a Masjid. There was no intention afterwards to make the first floor and basement into a Masjid.

If this was the case, and the person who made these intentions was the owner or the Mutawalli. Then this intention of his will be valid. In this case the 2nd floor only will be the Masjid and the 1st floor and basement will not be taken as part of the Masjid. Therefore Muslims will be allowed to carry out all there permissible and Halaal acts in them. However, there should be no intermingling of sexes and Pardah should be considered at all times. Also, if any none Muslim enters this place he should be made aware of what he can and can not do. Liquor should not be allowed in this place.

Although this section is not part of the Masjid, but it is below the Masjid, and the respect for the Masjid should be considered at all times. 

And Allah Ta’ala knows best

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

                  

06 May 2006

06 Rabee’uth Thaani 1427

This Q&A was indexed in 2012 from the website of Jameah Mahmoodiyah, South Africa. The original website no longer exists.

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