Source: Fatāwā ʿUlamāʾ-e-Ḥadīth, Volume 09
Twelve individuals, including a non-Muslim, jointly purchased a piece of land. Later, they incorporated 500 shareholders, including widows, orphans, and the poor, contributing ₹100 each. Now, a portion of that land has been separated by the original twelve with the intent to build a mosque above and a room (baiṭhak) below. However, most shareholders do not consent, and instead demand compensation for their share.
The questions asked are:
① Building a mosque on jointly-owned land without full consent is not permissible.
When the land is shared property, each individual is considered to have a right over every inch of it. Therefore, constructing a mosque without the express approval of all shareholders constitutes injustice and violation of rights, particularly those of the poor, orphans, and widows involved.
② Even if a single partner dissents, or if any of the partners is a non-Muslim, the waqf (endowment) is invalid, and the structure does not hold the legal status of a Sharʿī mosque.
✔ It is a condition of valid waqf that:
“If there is any existing claim or share by others, the waqf is invalid.” — Baḥr al-Rāʾiq
“Waqf requires complete ownership at the time of dedication. If someone endows seized or non-owned land—even if they later acquire it—the waqf remains invalid.” — Baḥr al-Rāʾiq
③ A non-Muslim's wealth cannot be used for mosque construction, and Muslim–non-Muslim joint partnerships are invalid in waqf-based religious projects.
④ If certain shareholders wish to proceed, they must:
⑤ Regarding constructing a baiṭhak (lower-level room) with a mosque above:
✘ Building a mosque on joint property without complete approval of all shareholders (including one non-Muslim) is invalid in Sharīʿah.
✔ The only valid scenario is when the land for the mosque is entirely owned by the person dedicating it and freely relinquished for the sole purpose of worship.
وَاللّٰهُ أَعْلَمُ بِالصَّوَاب
Written by: Muḥammad Karāmatullāh
Endorsed by:
Twelve individuals, including a non-Muslim, jointly purchased a piece of land. Later, they incorporated 500 shareholders, including widows, orphans, and the poor, contributing ₹100 each. Now, a portion of that land has been separated by the original twelve with the intent to build a mosque above and a room (baiṭhak) below. However, most shareholders do not consent, and instead demand compensation for their share.
The questions asked are:
- Is it permissible to construct a mosque on such shared property without unanimous consent?
- Does the presence of a non-Muslim partner or even one dissenting voice affect the Sharʿī validity of the mosque?
- Can the ground floor be used as a room while a mosque is built above it?
① Building a mosque on jointly-owned land without full consent is not permissible.
When the land is shared property, each individual is considered to have a right over every inch of it. Therefore, constructing a mosque without the express approval of all shareholders constitutes injustice and violation of rights, particularly those of the poor, orphans, and widows involved.
② Even if a single partner dissents, or if any of the partners is a non-Muslim, the waqf (endowment) is invalid, and the structure does not hold the legal status of a Sharʿī mosque.
✔ It is a condition of valid waqf that:
- The person must have full ownership at the time of endowment.
- The asset must be free of dispute or other claims.
- The donation must be voluntary and unconditional.
“If there is any existing claim or share by others, the waqf is invalid.” — Baḥr al-Rāʾiq
“Waqf requires complete ownership at the time of dedication. If someone endows seized or non-owned land—even if they later acquire it—the waqf remains invalid.” — Baḥr al-Rāʾiq
③ A non-Muslim's wealth cannot be used for mosque construction, and Muslim–non-Muslim joint partnerships are invalid in waqf-based religious projects.
④ If certain shareholders wish to proceed, they must:
- Buy out the portion of land from other partners.
- Or separate shares formally and pay their value with mutual agreement.
- Only then can a waqf be made validly.
⑤ Regarding constructing a baiṭhak (lower-level room) with a mosque above:
- If the ground level is used exclusively for the benefit of the mosque (e.g., rentals for maintenance), it is permissible.
- If intended for personal use of the donor, then it is not valid, and the mosque will not be considered a Sharʿī mosque.
✘ Building a mosque on joint property without complete approval of all shareholders (including one non-Muslim) is invalid in Sharīʿah.
✔ The only valid scenario is when the land for the mosque is entirely owned by the person dedicating it and freely relinquished for the sole purpose of worship.
وَاللّٰهُ أَعْلَمُ بِالصَّوَاب
Written by: Muḥammad Karāmatullāh
Endorsed by:
- Fatḥ Madrasat Fatḥpūrī
- Muḥammad Ḥusayn, Ibrāhīm Ḥabīb Aḥmad, Muḥammad Waṣiyyat ʿAlī
- Sayyid Muḥammad Nadhīr Ḥusayn (Fatāwā Nadhīriyyah, Vol. 1, p. 205)
