Q. Can a person change their house into a Masjid whilst still occupying the house on the top level?
A. It is permissible to change a house into a Masjid provided that the area of the house is excluded from the Masjid area prior to declaring it a Masjid. This exclusion cannot be done after the property has already been declared a Masjid.
More so, if the house is excluded from the Masjid area prior to declaring it a Masjid, the house cannot be in the ownership of any person. It must be solely for the benefit, purposes and objectives (Maslaha) of the Masjid or made an endowment (Waqf) to the Masjid.
Accordingly, changing a house into Masjid would be valid and permissible if the above conditions a met. (Shaami 4/358 – Bahrur-Raaiq 5/271 – Kitaabul Fataawa 4/233)
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa