Source: Fatāwā ʿUlamāʾ-e-Ḥadīth, Volume 09
What do the scholars of Islam say regarding a mosque built on land that is not endowed (waqf) but rather taxable land (kharājī)? This land is currently mortgaged to a Hindu, and the mortgagee is prepared for auction, but only refrains from doing so out of fear of the Muslim community.
Is it valid to build a mosque on such land?
What kind of land should a mosque be built on?
What is the definition of waqf (endowment)?
✦ It is not permissible to construct a mosque on the said land,
because the land is not waqf, and waqf status is essential for land on which a mosque is to be built.
➤ According to one definition:
"هو حبس العين على حكم ملك الواقف والتصدق بالمنفعة ولو فى الجملة"
“Waqf means holding the physical asset (ʿayn) under the rule of the endower’s ownership, and donating its benefit (manfaʿah), even if in general terms.”
➤ According to the two major Ḥanafī jurists (al-Ṣāḥibayn):
"هو حبسها على حكم ملك الله وصرف منفعتها على من أحب ولو غنياً، فيلزم فلا يجوز له إبطاله، ولا يورث عنه، عليه الفتوى"
“Waqf is to withhold the property under Allah’s dominion and to direct its benefit to whomever the endower wills, even if to a wealthy person. Once it leaves the endower’s ownership, it becomes binding (lāzim), and the endower cannot revoke it, nor is it inheritable.”
(This is the view upon which the fatwā is issued.)
(Referenced in: Al-Durr al-Mukhtār, Ghāyat al-Awṭār)
✔ The land in question is:
✘ Therefore:
Building a mosque on non-waqf land such as kharājī or mortgaged land is not permissible.
A valid mosque must be established only on land that has been properly endowed (waqf).
Any mosque established without valid waqf status does not carry the Sharʿī rulings and sanctity of a proper masjid.
وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
Written by: ʿAbd al-Raḥīm
Verified by: Sayyid Muḥammad Nadhīr Ḥusayn
(Fatāwā Nadhīriyyah, Volume 1, Page 214)
What do the scholars of Islam say regarding a mosque built on land that is not endowed (waqf) but rather taxable land (kharājī)? This land is currently mortgaged to a Hindu, and the mortgagee is prepared for auction, but only refrains from doing so out of fear of the Muslim community.
Is it valid to build a mosque on such land?
What kind of land should a mosque be built on?
What is the definition of waqf (endowment)?
✦ It is not permissible to construct a mosque on the said land,
because the land is not waqf, and waqf status is essential for land on which a mosque is to be built.
➤ According to one definition:
"هو حبس العين على حكم ملك الواقف والتصدق بالمنفعة ولو فى الجملة"
“Waqf means holding the physical asset (ʿayn) under the rule of the endower’s ownership, and donating its benefit (manfaʿah), even if in general terms.”
➤ According to the two major Ḥanafī jurists (al-Ṣāḥibayn):
"هو حبسها على حكم ملك الله وصرف منفعتها على من أحب ولو غنياً، فيلزم فلا يجوز له إبطاله، ولا يورث عنه، عليه الفتوى"
“Waqf is to withhold the property under Allah’s dominion and to direct its benefit to whomever the endower wills, even if to a wealthy person. Once it leaves the endower’s ownership, it becomes binding (lāzim), and the endower cannot revoke it, nor is it inheritable.”
(This is the view upon which the fatwā is issued.)
(Referenced in: Al-Durr al-Mukhtār, Ghāyat al-Awṭār)
❖ Application to the Case
✔ The land in question is:
- Taxable (Kharājī)
- Mortgaged to a non-Muslim
- Not endowed (not waqf)
- Subject to auction at any time
✘ Therefore:
- It cannot be considered a waqf property
- It is not legally a mosque under Sharīʿah
- Building a mosque on such land is invalid
❖ Conclusion
Building a mosque on non-waqf land such as kharājī or mortgaged land is not permissible.
A valid mosque must be established only on land that has been properly endowed (waqf).
Any mosque established without valid waqf status does not carry the Sharʿī rulings and sanctity of a proper masjid.
وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
Written by: ʿAbd al-Raḥīm
Verified by: Sayyid Muḥammad Nadhīr Ḥusayn
(Fatāwā Nadhīriyyah, Volume 1, Page 214)
