Source: Fatāwā ʿUlamāʾ-e-Ḥadīth, Volume 09
In our area (Saleem Block, Ittifaq Town, Lahore), there was a mosque established by the Ahl al-Ḥadīth. The mosque was demolished, and the Imam of the mosque constructed his private house and shops on that land. The mosque itself was relocated to another area. In the building that now occupies the former mosque site, latrines have been constructed where people relieve themselves, and bedrooms are used for marital relations.
When the local residents objected, the Imam responded:
“The Qur’an and Sunnah do not prohibit this.”
He further argued that:
“The Qur’an also does not prohibit Chālīswān, Eid Milād, Giyārwīn, or Khatm.”
Is there any Qur’anic evidence or precedent from the Prophet ﷺ for this?
Mosques are sacred places, built for the remembrance of Allah, prayer, and acts of worship.
❖ To perform acts such as relieving oneself or engaging in marital relations within a mosque is haram (forbidden).
However:
✔ If a residential structure is built separately from the mosque—even if above, below, or adjacent to the mosque—
that space does not hold the status of a mosque and thus is not subject to the rulings of a mosque.
For example:
Historical precedent:
The living quarters (ḥujarāt) of the wives of the Prophet ﷺ opened directly into Masjid al-Nabawī.
It is well-documented that the Prophet ﷺ engaged in marital relations within those quarters.
Therefore:
➤ If the space in question is no longer a mosque, then such personal activities (like using washrooms or conjugal relations) are permissible in that space.
➤ However, if the land is still considered waqf for the mosque, then repurposing it for personal use is not permissible.
The statement,
“The Qur’an does not prohibit Chālīswān, Milād, Giyārwīn, etc.”
is a fallacious comparison (qiyās maʿa al-fāriq).
❖ Why?
Because these matters pertain to acts of worship (‘ibādāt).
And in Islamic jurisprudence, the principle regarding acts of worship is:
❝ Every act of worship is forbidden unless there is clear evidence from the Qur’an or Sunnah to support it. ❞
Thus, the burden of proof is on the one who wishes to validate such practices.
Since there is no authentic evidence for Chālīswān, Milād, Giyārwīn, or Khatm in the Qur’an or Sunnah,
they are deemed bidʿah (innovations) in religion.
① If the mosque has been properly relocated and the original land was officially decommissioned, using it for residential or commercial purposes is not impermissible.
② But reusing waqf land—especially for purposes that violate the sanctity of a mosque—is unlawful.
③ Activities such as Chālīswān and Giyārwīn are not proven from the Sunnah and are therefore innovations.
In our area (Saleem Block, Ittifaq Town, Lahore), there was a mosque established by the Ahl al-Ḥadīth. The mosque was demolished, and the Imam of the mosque constructed his private house and shops on that land. The mosque itself was relocated to another area. In the building that now occupies the former mosque site, latrines have been constructed where people relieve themselves, and bedrooms are used for marital relations.
When the local residents objected, the Imam responded:
“The Qur’an and Sunnah do not prohibit this.”
He further argued that:
“The Qur’an also does not prohibit Chālīswān, Eid Milād, Giyārwīn, or Khatm.”
Is there any Qur’anic evidence or precedent from the Prophet ﷺ for this?
Mosques are sacred places, built for the remembrance of Allah, prayer, and acts of worship.❖ To perform acts such as relieving oneself or engaging in marital relations within a mosque is haram (forbidden).
❀ What if the space is no longer a mosque?
However:
✔ If a residential structure is built separately from the mosque—even if above, below, or adjacent to the mosque—
that space does not hold the status of a mosque and thus is not subject to the rulings of a mosque.
For example:
- Washrooms are commonly constructed beside mosques.
- Imams often reside in living quarters attached to mosques.
- These spaces are not regarded as part of the mosque (masjid).
Historical precedent:
The living quarters (ḥujarāt) of the wives of the Prophet ﷺ opened directly into Masjid al-Nabawī.
It is well-documented that the Prophet ﷺ engaged in marital relations within those quarters.
Therefore:
➤ If the space in question is no longer a mosque, then such personal activities (like using washrooms or conjugal relations) are permissible in that space.
➤ However, if the land is still considered waqf for the mosque, then repurposing it for personal use is not permissible.
⚠ Clarification Regarding Innovations (Bid‘ah):
The statement,
“The Qur’an does not prohibit Chālīswān, Milād, Giyārwīn, etc.”
is a fallacious comparison (qiyās maʿa al-fāriq).
❖ Why?
Because these matters pertain to acts of worship (‘ibādāt).
And in Islamic jurisprudence, the principle regarding acts of worship is:
❝ Every act of worship is forbidden unless there is clear evidence from the Qur’an or Sunnah to support it. ❞
Thus, the burden of proof is on the one who wishes to validate such practices.
Since there is no authentic evidence for Chālīswān, Milād, Giyārwīn, or Khatm in the Qur’an or Sunnah,
they are deemed bidʿah (innovations) in religion.
Summary:
① If the mosque has been properly relocated and the original land was officially decommissioned, using it for residential or commercial purposes is not impermissible.
② But reusing waqf land—especially for purposes that violate the sanctity of a mosque—is unlawful.
③ Activities such as Chālīswān and Giyārwīn are not proven from the Sunnah and are therefore innovations.
