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Fixing portion of building as Masjid

Answered as per Hanafi Fiqh by ShariahBoard.org

Assalamualaikum,

In the city in which I live, one Islamic center was constructed in such a way that in one building, the entire second floor is designated as masjid area, the first floor is designated for offices and for classrooms for an Islamic school for children, and the basement is designated as a large hall which is used for eating and food preparation and also has bathrooms. The hall is also a source of income for the Islamic center because it is given for rent for parties such as a waleema. The building was designed and constructed from the beginning in this manner.

1) Is this setup of the building permissible according to Shariah since different activities are taking place directly under the Masjid area?

2) Is it necessary for women to have tahaara while teaching in the classrooms area?

3) Is it permissible for the Islamic center to charge rent for the hall for parties and other functions?

Jazaakallah

الجواب وباللہ التوفیق

If from the beginning the persons constructing the described building of the Masjid had it built with this intention that the second floor would be specific for the Masjid, the first floor for the school and its related activities, and the basement for the parties etc. then in such a building only the second floor will be called the Masjid and the remaining floors will be recognized for the specific tasks those were built for. Designating in this manner will be permissible.

It is mentioned in Durr-e-Mukhtar,   لو بنی فوقہ بیتا لا یضر لا نہ من المصالح

Hence, the specific tasks may be performed in the portions designated for the different tasks. Furthermore, the women may go in the portions other than the Masjid during their menstrual period. Furthermore, the portion built for renting may be rented out. However, in view of the respect of the Masjid the bathrooms shouldn’t be built right underneath that side of second floor designated for the Masjid. 

واللہ اعلم بالصواب

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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