Building a Mosque Without Government Approval: Valid or Not?

Ruling on Waqf of Land for a Mosque Without Government Permission


Source: "Ahkam-o-Masail in the Light of the Qur’an and Hadith", Volume 02

❖ Question​

If Zaid dedicates his land as waqf for a mosque without obtaining governmental permission, is such a waqf valid or not?
Is it permissible to perform prayer in such a mosque?
Can such a mosque be labeled as a Masjid Dhirar (harmful mosque)?
Is it lawful to sever economic ties with the builders of this mosque (like Umar and Bakr), or to boycott them in social functions such as marriages and funerals?

✔ Answer​

When Zaid dedicates his share of land as waqf for a mosque, the waqf is valid.
Government permission is not a condition for the validity of the waqf.
Registering with the government or on official stamp paper is merely for legal formality.

✔ Prayers performed in such a mosque are as valid as in any other mosque.
Land for mosques does not descend from the heavens; most mosques are built on land endowed by individuals.

Bakr and Umar are in error, and they fall under the implication of the following verse:

﴿وَمَنْ أَظْلَمُ مِمَّن مَّنَعَ مَسَاجِدَ اللَّـهِ أَن يُذْكَرَ‌ فِيهَا اسْمُهُ وَسَعَىٰ فِي خَرَ‌ابِهَا ۚ﴾

✦ Important Clarifications:​

✘ Umar and Bakr are committing a grave wrong.
✘ Abandoning the mosque due to personal enmity and choosing to pray at home or in shops instead is not permissible.
✘ Calling such a mosque a Masjid Dhirar is not only disrespectful, but verges on disbelief (kufr).
✘ Preventing participation in funerals or weddings of the mosque's founders is transgression and injustice.

✔ Bakr and Umar must repent from such actions.

(Maulana Abdul Salam Bastawi, Ahl-e-Hadith Delhi, Vol. 2, Issue 15)

✦ Key Point:​

Waqf of land for a mosque is valid without state approval. Prayer in such a mosque is fully legitimate, and social or religious boycotts based on personal grievances are unjust.