Author:
Dr. Muhammad Zia ur Rahman Azmi (may Allah have mercy upon him)
Ruling on Demolishing an Old Mosque to Build a Public Library
It is not permissible to demolish an existing mosque, even if it is an old one, solely for the purpose of establishing a public library in its place. Even if the mosque has collapsed, it is still not permissible to establish a public library on its site. If the mosque is old, it must be repaired. If it has been demolished, then a new mosque must be built in its place. If selling a portion of the mosque’s property is necessary for its repair or renovation, there is no harm in doing so.
Endowed property cannot be sold, gifted, or inherited. This is based on the statement of the Prophet صلى الله عليه وسلم when Umar ibn al-Khattab رضی اللہ عنہ sought to give as charity some of the wealth he received from Khaibar. The Prophet صلى الله عليه وسلم said:
“Tie up its original source in charity such that it cannot be sold, gifted, or inherited, but its fruits can be spent.”
[Sahih al-Bukhari, Hadith No. 2746]
This is a general principle regarding all endowments. Scholars have only permitted exceptions when the benefits of the endowment are no longer effective, or it is transferred to a place where its benefits would be greater and more suitable. In such cases, it is permissible to sell it and replace it in order to preserve and enhance its benefit.
It has been narrated that when Umar ibn al-Khattab رضی اللہ عنہ learned of a theft at the public treasury in Kufa, he wrote to Sa’d ibn Abi Waqqas رضی اللہ عنہ instructing him to relocate the mosque situated in the marketplace of the date-sellers and to make the treasury’s site in its direction of prayer (qiblah), as there would always be worshippers in the mosque.
This occurred in the presence of the Companions, and no disagreement was reported. Therefore, it constitutes a consensus (ijma’). Furthermore, due to this practice, when the physical form of an endowment becomes impossible to preserve, its spiritual essence remains intact. However, caution dictates that this sale or relocation, in cases of necessity, should be carried out by a legitimate Islamic ruler or his deputy to protect the endowment from misuse or becoming a plaything in people’s hands.
[Al-Lajnah al-Da’imah: Fatwa No. 10483]
