Source: Fatāwā Muḥammadiyyah, Vol. 1, p. 312
❖ Question
A plot of land was purchased with the intention of building a madrasah, where children would study. It was also intended for occasional Eid prayers and religious gatherings. This land was bought using zakāh funds, and most of the construction was also carried out through zakāh. Additionally, proceeds from qurbānī (sacrificial animals) were used in its development.
The question is:
❓ Can this structure now be demolished to construct a masjid on the same land?
❓ Please explain the ruling clearly in light of the Qur’ān and Sunnah.
❓ Is this ruling the same for both Pakistan and other countries, or does it differ?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ʾAmma baʿd!
✿ Core Ruling
◈ Since the land was purchased using zakāh funds, and its construction was mostly funded by zakāh, it is not permissible to build a masjid on this land.
❖ Reason for Prohibition
- A masjid is a place from which both the rich and the poor benefit.
- In contrast, zakāh can only be spent on eligible recipients (the poor and specific categories outlined in Sharīʿah).
- As wealthy individuals are not eligible for zakāh, using zakāh for a masjid violates its rightful allocation.
❖ Views of Some Scholars
- A group of scholars includes masjid construction under the category of “fī sabīlillāh” (in the way of Allah).
- However, this interpretation is problematic and not supported by strong textual evidence.
📌 Reason:
If the term “fī sabīlillāh” were meant to cover every type of good, then there would be no need to mention eight distinct zakāh recipients in the Qur’ān.
❖ Evidence from Hadith
- Based on narrations in Sunan Abū Dāwūd and similar sources, many scholars have restricted “fī sabīlillāh” to:
- Jihād in the path of Allah
- Ḥajj and ʿUmrah for those unable to afford it
❖ Recommended Solution for the Current Situation
If constructing a masjid on this land is absolutely necessary, then:
① Appraise the current building at market value
② Use those funds to build a madrasah elsewhere
③ After relocating the madrasah, the current land may be used for a masjid
OR
④ The value of the land/building may be distributed among zakāh-eligible recipients
❖ Applicability in Pakistan and Abroad
◈ This ruling is the same regardless of location — whether in Pakistan or any foreign country.
◈ Sharīʿah rulings are not bound by changes in time or place.
❖ Summary
✔ Masjid construction is not a valid zakāh expenditure, as non-eligible beneficiaries (like the wealthy) also use it.
✔ The correct Sharʿī approach is to allocate zakāh only to eligible individuals or causes.
✔ The only lawful way to build a masjid on this property is to convert the value into a proper zakāh usage first, then rebuild the structure.
✔ This ruling is universal and does not differ between countries.
ھٰذَا مَا عِنْدِي، وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
