Property Waqf to the Masjid, being taken back, but defaced

Answered according to Hanafi Fiqh by ShariahBoard.org

Assalaamualaikum,

I am the current Ameer and am responsible for Waqf masjid property’s day to day affairs.

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I am writing this email to get written clarification to communicate this sharia matter whether it is permissible or impermissible to deface masjid’s property which is attached to the Masjid. It is defaced by the person who donated (Waqf) it 7 years ago without mentioning whether it would be part of the Masjid or not. But he were to temporary use a room of it while he was serving in masjid managing board as Faisal as he would come sometimes to serve this position from 200 miles from another state. Then he mentioned that he would ask it to be returned from this wakf when he leaves or is permanently replaced by another Ameer/ Faisal. He damaged that room with rat dropping’s, feces, and oil tarnished walls had to be painted. The masjid renovated this room so the sisters can use that room starting from Ramadan,  spending over thousand dollars in expenses from masjid fund which he should be billed to pay back but still we have been courteous for his past service to Allah but now our niceness is not appreciated but he is now demanding mosque should either return those few items or pay $100 for each!

As he was replaced from that position of responsibility and me now serving locally as Ameer position, so we locally decided as the room was needed for sisters prayer area which was emptied out and he picked up his all his personal abandoned properties except fixed asset attached to the masjid as per our counsel who deals with Occupancy law and Kansas state regulations of religious organizations it became asset of the mosque cannot be defaced and removed. Islamic scholars also asked verbally stated for wakf property impermissible and should not be taken off from the Masjid property. So the below items were not given to him to take as it was impermissible by state regulations and verbally by an Islamic Scholar:

1) the door that was installed on masjid property by him to separate sister area from that room he was using, 2) Ceiling fan that is attached, 3) combination lock that was installed now rekeyed for sisters use, 4) metal door with lock to the entrance door to the room which is attached and rekeyed and sisters are using as their prayer area.

Respected Mufti Saheb, now seeking your written fatwa whether this demand of defacing masjid property permissible or impermissible? How to handle this brother as he says he would make me responsible as I am the Ameer on the Day of Qiyamat in front of Allah for not returning the attached properties of the masjid!

الجواب وباللہ التوفیق

More investigation is needed and some points in the question seem to be conflicting, therefore, it will be appropriate if local Ulama would answer after verbal or written verification/investigation or the inquirer obtains a hand-delivered fatwa.

واللہ اعلم بالصواب

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