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Building a musjid on a land that was donated for a graveyard

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: A piece of land was donated by a man for a qabrastan. 30 years after his death, a masjid was constructed within the space of the donated land by a division of a muhalla relating to the internal disagreement of some matters. Is it permissible to recite salaah in that masjid?

Bismillaah

A: If the land was made waqf for a graveyard and it is still in use then the musjid cannot be constructed on it.

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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