In 1983 a Masjid was built in Kansas by a group of students. One of the students then waqf the Masjid to a religious non-profit organization registered in Michigan. All the land and title of the waqf were transferred to Michigan organization in 1983. Now after 36 years the student who waqf the masjid want to take it back and give it to another non-profit organization belonging to his friend. The Michigan organization doesn’t want to give the title back after taking care of the wqaf for the last 36 years. Does the student has the right to claim the waqf back after 36 years and give it to his friend’s organization?
الجواب وباللہ التوفیق
In the situation inquired about, if the land had become Shara’i Masjid or this land had been made Waqf for the Masjid then it will remain Masjid till the Day of Judgment. It was not Shara’n correct to make it Waqf in the name of any organization and making it Waqf, Shara’n it does not become Waqf. It is necessary to take it from the organization and use it as a Masjid. It is impermissible to use it in any matters other than as a Masjid. If that was not a Shara’i Masjid then what was its status and at what stage it was made Waqf in the name of the other organization and what was the nature of the services provided by the other organization for 36 years, please ask the question again by providing these details.
قَالَ أَبُو يُوسُفَ هُوَ مَسْجِدٌ أَبَدًا إلَى قِيَامِ السَّاعَةِ لَا يَعُودُ مِيرَاثًا وَلَا يَجُوزُ نَقْلُهُ وَنَقْلُ مَالِهِ إلَى مَسْجِدٍ آخَرَ سَوَاءٌ كَانُوا يُصَلُّونَ فِيهِ أَوْ لَا وَهُوَ الْفَتْوَى اهـ.(درر الحکام ،2؍135)
فَإِذَا تَمَّ وَلَزِمَلَا يُمَلَّكُ وَلَا يُمْلَكُ وَلَا يُعَارُ وَلَا يُرْهَنُ(الدر : 4 /352)
واللہ اعلم بالصواب