Source: Fatāwā ʿUlamāʾ-e-Ḥadīth, Volume 09
What is the ruling according to Islamic scholars regarding building shops underneath a mosque for the sake of meeting its expenses? Is performing Salah (prayer) in such a mosque valid? In some places, maintaining the mosque without income proves difficult. Kindly explain this issue with references from reliable books of Fiqh (Islamic jurisprudence).
In the stated scenario, it must first be determined whether the shops constructed underneath or above the mosque were built without being dedicated as Waqf (endowment) for the mosque’s benefit, and are rather for personal profit. If so, then those areas are not considered part of the mosque in terms of Islamic rulings, as the lower or upper parts were not solely and sincerely dedicated to Allah.
However, if the shops above or beneath the mosque are explicitly endowed as part of the mosque's maintenance and expenses, then they are considered as being part of the Shar‘i mosque in ruling, since the ownership and benefits are removed from individual hands, and the property is exclusively dedicated for Allah’s cause. This view is supported by reliable books of Fiqh.
The following is cited from authoritative Fiqh sources:
"Whoever constructs a mosque with a cellar (sirdāb) beneath it, which is a space dug underground for cooling water or other purposes, or builds an upper floor, and neither the lower nor upper portion is intended to be part of the mosque, then such a structure is not considered a mosque. It may be sold or inherited upon death. But if the cellar or upper floor is made as Waqf for the interests of the mosque, then it is permissible, as no individual has ownership over it; rather, it is part of the necessary structure of the mosque, like the cellar of Masjid al-Aqsa. This is the apparent ruling according to the school."
— Summary from al-Hidāyah, Fatḥ al-Qadīr, and other reliable sources
Hence, if the shops are endowed (Waqf) for the mosque’s upkeep, they are considered part of the mosque in ruling, and prayer in such a mosque is valid. If not, then they are not regarded as part of the mosque.
And Allah knows best.
What is the ruling according to Islamic scholars regarding building shops underneath a mosque for the sake of meeting its expenses? Is performing Salah (prayer) in such a mosque valid? In some places, maintaining the mosque without income proves difficult. Kindly explain this issue with references from reliable books of Fiqh (Islamic jurisprudence).
In the stated scenario, it must first be determined whether the shops constructed underneath or above the mosque were built without being dedicated as Waqf (endowment) for the mosque’s benefit, and are rather for personal profit. If so, then those areas are not considered part of the mosque in terms of Islamic rulings, as the lower or upper parts were not solely and sincerely dedicated to Allah.
However, if the shops above or beneath the mosque are explicitly endowed as part of the mosque's maintenance and expenses, then they are considered as being part of the Shar‘i mosque in ruling, since the ownership and benefits are removed from individual hands, and the property is exclusively dedicated for Allah’s cause. This view is supported by reliable books of Fiqh.
The following is cited from authoritative Fiqh sources:
"Whoever constructs a mosque with a cellar (sirdāb) beneath it, which is a space dug underground for cooling water or other purposes, or builds an upper floor, and neither the lower nor upper portion is intended to be part of the mosque, then such a structure is not considered a mosque. It may be sold or inherited upon death. But if the cellar or upper floor is made as Waqf for the interests of the mosque, then it is permissible, as no individual has ownership over it; rather, it is part of the necessary structure of the mosque, like the cellar of Masjid al-Aqsa. This is the apparent ruling according to the school."
— Summary from al-Hidāyah, Fatḥ al-Qadīr, and other reliable sources
Hence, if the shops are endowed (Waqf) for the mosque’s upkeep, they are considered part of the mosque in ruling, and prayer in such a mosque is valid. If not, then they are not regarded as part of the mosque.
And Allah knows best.
