Source: Fatāwā ʿUlamāʾ-e-Ḥadīth, Kitāb al-Ṣalāh, Volume 1
Is it permissible in Islamic law to construct a mosque on a plot of land that has been endowed (waqf) for a school?
In principle, with regards to endowments (waqf), the original Islamic ruling is that:
❝The conditions set by the endower (واقف) must not be altered.❞
As stated in the Qur’ān:
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِ
“O you who believe! Fulfill [all] contracts.”
[Surah al-Mā’idah: 1]
This includes both the essence of the endowment and its stipulated terms.
According to Dr. Khālid al-Mushayqīḥ, there are three categories of altering waqf conditions:
e.g. Transferring waqf intended for close needy relatives to unrelated poor people.
This is unanimously ḥarām and impermissible.
e.g. Changing waqf from the poor of one town to the poor of another town.
Also unanimously ḥarām and impermissible.
e.g. Changing waqf from ascetics to scholars, because scholars are more virtuous than ascetics.
About this, the scholars differ:
Dr. Khālid states:
“My inclination is toward the second view as it brings greater benefit, which is likely the primary intent of the original endower.”
Based on this analysis:
Hence:
❝Changing a school waqf into a mosque constitutes a change from a lesser to a greater purpose (من الأدنى إلى الأعلى), which—according to the sound opinion—is permissible.❞
Yes, building a mosque on land that was originally endowed for a school is permissible, if the transformation leads to greater religious benefit, such as:
This is supported by the position of the Ḥanafī and Mālikī schools, as well as Ibn Taymiyyah.
وَاللّٰهُ أَعْلَمُ بِالصَّوَاب
Answered by: Verified Scholars of Ahl al-Ḥadīth
(Fatāwā ʿUlamāʾ-e-Ḥadīth, Kitāb al-Ṣalāh, Volume 1)
Is it permissible in Islamic law to construct a mosque on a plot of land that has been endowed (waqf) for a school?
In principle, with regards to endowments (waqf), the original Islamic ruling is that:
❝The conditions set by the endower (واقف) must not be altered.❞
As stated in the Qur’ān:
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِ
“O you who believe! Fulfill [all] contracts.”
[Surah al-Mā’idah: 1]
This includes both the essence of the endowment and its stipulated terms.
According to Dr. Khālid al-Mushayqīḥ, there are three categories of altering waqf conditions:
e.g. Transferring waqf intended for close needy relatives to unrelated poor people.
This is unanimously ḥarām and impermissible.
e.g. Changing waqf from the poor of one town to the poor of another town.
Also unanimously ḥarām and impermissible.
e.g. Changing waqf from ascetics to scholars, because scholars are more virtuous than ascetics.
About this, the scholars differ:
- First opinion: It is impermissible. This is the view of the Shāfiʿiyyah and Ḥanābilah.
- Second opinion: It is permissible. This is the view of the Mālikiyyah, Ḥanafiyyah, and also chosen by Shaykh al-Islām Ibn Taymiyyah.
Dr. Khālid states:
“My inclination is toward the second view as it brings greater benefit, which is likely the primary intent of the original endower.”
Based on this analysis:
- A mosque is one of the most virtuous and beloved places to Allāh.
- A mosque holds a higher spiritual rank than a school, even if the school is beneficial.
Hence:
❝Changing a school waqf into a mosque constitutes a change from a lesser to a greater purpose (من الأدنى إلى الأعلى), which—according to the sound opinion—is permissible.❞
Yes, building a mosque on land that was originally endowed for a school is permissible, if the transformation leads to greater religious benefit, such as:
- Fulfillment of communal worship needs.
- Increase in reward and spiritual significance.
This is supported by the position of the Ḥanafī and Mālikī schools, as well as Ibn Taymiyyah.
وَاللّٰهُ أَعْلَمُ بِالصَّوَاب
Answered by: Verified Scholars of Ahl al-Ḥadīth
(Fatāwā ʿUlamāʾ-e-Ḥadīth, Kitāb al-Ṣalāh, Volume 1)
