Author: Dr. Muhammad Zia-ur-Rahman Azmi (رحمه الله)
Even if Jumu'ah prayers are not conducted there, it still remains a mosque by virtue of being dedicated for prayer, and thus, it exits his ownership permanently. Consequently, such a waqf cannot be sold, gifted, or passed down as inheritance.
[Permanent Committee for Scholarly Research and Ifta: Fatwa No. 4603]
Question:
Is it permissible for a person who has dedicated a portion of his house for use as a mosque—where congregational prayers are performed, but Jumu'ah (Friday prayers) are not—to later convert it into something else, such as a commercial center, due to necessity or personal intent?Answer:
Once a Muslim designates a part of his property as a mosque and allows people to pray there, it becomes a waqf (endowment), and he can no longer reclaim it for any other purpose. He cannot repurpose it as a house, a shop, sell it, rent it out, or make any other use of it.Even if Jumu'ah prayers are not conducted there, it still remains a mosque by virtue of being dedicated for prayer, and thus, it exits his ownership permanently. Consequently, such a waqf cannot be sold, gifted, or passed down as inheritance.
[Permanent Committee for Scholarly Research and Ifta: Fatwa No. 4603]
