Q: I am in a society where almost 90% are Muslims. The builder has used full FSI. My neighbor has a garden space which can be used as garden. No construction is possible there legally, but my neighbour constructed only ground floor with tin roof 3 years ago. Last year, he made his mind to build double storey (Ground+1) masjid although we have five masjids in the Radiohead of one kilometre. The masjid never gets filled except on jumma or in Ramzan. So the construction of double storey masjid (Ground+1) was not necessary.
My flat is at 3rd floor, and the Ground + 1 masjid will not pose me any difficulty, so I didn’t objected. As the construction was going on they changed their plan and constructed Ground+2 floors. I objected and put an application in the society office to stop the construction due to which my personal privacy is affected and the outside view as well as the chances of robbery will affect us badly as the masjid is (which is not still waqf(not dedicated to the Muslim Ummah)) an inch away from my window. We tried to settle the matter amicably but they didn’t act as per settled matter. But they were trying to buy the time. I was compelled by the circumstances to register my complaint with the Municipal Corporation authorities. They came to the site visit and issued stop construction notice, but the owner refused to accept it . They pasted it on the wall and took photographs of the illegal structure. They have replied me that they have no available police protection to demolish the above mentioned masjid. Since last year I’m not pursuing the matter with the authorities in a hope to prevail the good sense to the defaulter to settle the case and to protect our concern.
I request you that the defaulter who was society chairman entrusted to stop any illegal construction activity or anything adverse as per society laws but he compromised with his position and he himself broke the law and as our neighbour he posed us in a very awkward position and played with our privacy.
I request you to suggest us is it legal to break the rule of the land and construct masjid when it’s need is not necessary? Can masjid be built which pose lot of hindrance to its neighbour just like me and expose my flat to thief’s for robbery without any hardship? Is the defaulter right or are we on the fault to fight for our rights against oppressor? Your valuable decision is awaited. I request you to please give the references and fatwa if any pertaining to whatever decisions you take.
A: I suggest that a Muslim body that has some experienced people and are committed to deen should sit with both parties and explain to them what is the appropriate thing to do.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)