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Dispute with the Musjid commity regarding the Musjid boundary

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: We have an issue at home, we have a property of Musjid shareef (shops and darsgah) on one side of our house. At that time they put windows and part of roof in our land, now we have construct a house and we completed the ground floor and we are constructing the second floor. At the second floor we have maintained the space of 3 feet as per their roof. But they are saying you have not maintained that gap right from ground floor. So suggest us if we will should give them compensation for the land which comes under our house at ground floor (which they are saying that it belongs to them and we are saying it is ours). Please advise us according to Qur’an and Sunnah.

Bismillaah

A: Since you people had not given the property away to the musjid, the land belongs to you. When the land belongs to you, you have the right to use your land.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: Kindly let me know is there any provision about selling of musjid property. As they (masjid commity) are saying it is ours. Now that the construction has been done and they also remained quite till the completion of work. So please tell us if there is a way of buying this property?

Bismillaah

A: The musjid people have two options, either to buy that amount of the neighbour’s property for a price that is pleasing to him or to remove their building from his property if he is not pleased.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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