Can Waqf Masjid Land Be Sold to Build a Mosque Elsewhere?

◈ Is It Permissible to Sell Waqf Land of a Masjid and Build a New One Elsewhere? ◈
Source: Fatāwā Muḥammadiyyah, Vol. 1, p. 315

❖ Question​

What is the ruling regarding a plot of land that has been waqf (endowed) for a masjid, but is located in an area:

• Where there is no current population
• Nor is there any expectation of future development nearby
• And the donor no longer sees benefit in building a masjid there

Can the land be sold, and the proceeds used to build a masjid in a populated area where it is needed?
Please clarify with evidence from the Qur’ān and Sunnah.
Does this ruling apply equally in Pakistan and abroad?

❖ Answer​

Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ʾAmma baʿd!

✿ General Ruling on Waqf Land​

• Masjid land is considered waqf, and waqf is a binding, irreversible contract in Sharīʿah.
• A waqf property cannot be:
  
  • Sold
  • Gifted
  • Inherited

The Prophet ﷺ said:


«إنه لا يباع ولا يوهب ولا يورث»
“It is neither to be sold, gifted, nor inherited.”


Therefore, land once dedicated for a masjid must remain for that purpose only — unless there are exceptional circumstances.

✿ Present Scenario and Its Ruling​

If the situation is exactly as described:


✔ The area is deserted
✔ No population nearby
✔ No benefit or need to build a masjid
✔ Alternative masjid(s) already exist
✔ Sharʿī obstacles exist in building there


Then, changing the form of the waqf becomes permissible — to preserve the value and prevent it from going to waste.

✿ Valid Alternatives​

The following options may be considered:


① Lease the land and spend the income on religious activities
② Use the land for agriculture and spend the profits on dīnī work
③ Sell the land with judicial approval and use the proceeds to:

• Build a masjid in a needed area, or
• Support other Islamic causes (teaching, dār al-ʿulūm, etc.)

④ Use the land as a Muslim graveyard, which is also a general communal need

✿ Evidence from the Sunnah​

Ḥadīth of ʿĀʾishah (رضي الله عنها):


The Prophet ﷺ said:
“Were it not that your people are new in Islām (recently left disbelief), I would spend the treasure of the Kaʿbah in the way of Allah, make its door level with the ground, and include the Ḥijr in its structure.”
(Ṣaḥīḥ Muslim, Vol. 1, p. 429; Nayl al-Awṭār, Vol. 6, p. 31)


Meaning:
The Prophet ﷺ recognized that the treasure of the Kaʿbah, which had been donated for religious purposes, could be reallocated if it no longer served its original purpose.

✿ Opinions of Scholars​

✔ Imām Ibn Taymiyyah (رحمه الله)​

“If the area around a masjid becomes deserted, it can be moved to another location, or sold and replaced with something of equal value.”
(Fiqh al-Sunnah, Vol. 3, p. 386)


He also referenced:
“ʿUmar ibn al-Khaṭṭāb moved the old mosque of Kūfah to a new location, and the old land became a date market.”


This demonstrates legal precedent for transferring masjid land under necessity.

✔ Ḥanafī Fiqh (Fatāwā Radd al-Muḥtār)​

“If a masjid and its surroundings become deserted, and people have dispersed, then — according to Abū Ḥanīfah and Abū Yūsuf — it does not return to private ownership. Rather, with the qāḍī’s permission, it may be sold, and the money spent on another masjid.”
(Radd al-Muḥtār, Vol. 3, p. 383)

❖ Summary of the Ruling​

If a waqf plot is in a completely deserted area, and:

• There is no need or benefit in building a masjid there,
• Or there are other mosques nearby,
• Or it is no longer feasible to build there,

➡ Then it is permissible to:

• Sell the land (with Sharʿī procedure)
• Use the proceeds to build a masjid where needed
• Or spend it on other valid Islamic causes

The intention of the waqif (donor) and the objective of pleasing Allah must always be preserved.


This ruling is equally applicable in Pakistan and all other countries, as Sharʿī rulings do not change with time or place.


ھٰذَا مَا عِنْدِي، وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ