Source: Fatawa ‘Ulama-e-Hadith, Volume 09
What is the ruling from the scholars of Islam regarding the following matter:
We, the employees of an office, have constructed a makeshift mosque by erecting a thatched structure in a corner of the office premises, located behind the salary department. We offer our Ẓuhr and ʿAṣr prayers there. However, we hesitate to seek formal permission for fear that the mosque may be demolished. Thus, we consider it a blessing to pray in this space.
Since the Friday prayer is held at a mosque near the courthouse, and we cannot go there due to our job constraints, we wonder:
Is it permissible to offer Jumuʿah prayer in this makeshift mosque?
Does this structure have the status of a mosque under Islamic law, despite being built without formal authorization?
Please enlighten us with the correct ruling. May Allah reward you immensely.
If there is a genuine fear that seeking formal permission from the landowner would result in the demolition of this prayer space, then it clearly indicates that the owner does not approve of a mosque being established on that land.
Hence, such a place does not hold the legal status of a mosque under Islamic law. Rather, it is to be considered an ordinary structure.
This is because no land or building can attain the status of a mosque unless:
① There is explicit permission from the landowner for establishing a mosque, or
② The owner openly declares: “I dedicate this land/building permanently for it to be a mosque.”
As mentioned:
"This is an undisputed matter: if a group turns someone else’s land into a mosque or uses it however they please without the knowledge of the owner—what will be the status of such an act?"
Therefore, the structure referred to by the questioners, which they perceive as a mosque, cannot host valid prayers (without disapproval) unless explicit permission is obtained from the rightful owner.
Such land, being under legal uncertainty, resembles the status of a usurped property (shibh al-maġṣūbah).
Allah knows best.
— Muḥammad Qamar al-Dīn
Since this mosque has been constructed without the owner’s authorization, it does not hold the status of a mosque, and the reward of prayer offered therein is not equivalent to that of a proper mosque.
Friday prayer (Jumuʿah) in such a place is also not valid.
“Fear Allah and speak the truth.”
— Muḥammad Sadīd al-Dīn Qureshī
The land in question cannot be considered a mosque from any legal aspect.
However, offering prayer there with implicit approval from the government is permissible, because secular laws (such as British Indian law) clearly state that no one shall be prohibited from acts of worship, and nearly all mosques are situated on government-owned land.
Moreover, even if such implicit approval were not present, offering prayer on such premises without seeking explicit permission is still permissible—with slight dislike (karāhah)—especially if the place is like an open courtyard (fanā’ al-miṣr) or wilderness, where ownership is ambiguous.
As stated:
"If one finds buried treasure in the wilderness, it belongs to him, because such land is not under anyone’s exclusive ownership."
(al-Hidāyah, Kitāb al-Rikāz)
And regarding Jumuʿah prayer, the ruling is that it is permissible in the outskirts (fanā’) of a city, just as it is within the city itself:
"Just as Friday prayer is valid within a city, it is also valid in the courtyard area connected to the city, which is designated for public use."
(al-Fatāwā al-ʿĀlamgīriyyah)
✔ Shihāb al-Dīn: The answer provided is correct.
✔ ʿAbd al-Ghafūr: Agrees with the ruling and its reasoning.
✔ Ghulām Yaḥyā & Sayyid Muḥammad Naẓīr Ḥusayn: Also affirm the correctness of the second answer.
✔ Sayyid Abū al-Ḥasan: Officially stamped his approval on the second response.
Final Summary:
➤ A mosque built without permission on land that is not legally endowed (waqf), does not qualify as a mosque under Shari‘ah.
➤ Friday prayer is not valid in such a space.
➤ However, general prayer is permissible, either conditionally with slight dislike, or unconditionally if it is open, unused land, like the outskirts of a town.
What is the ruling from the scholars of Islam regarding the following matter:
We, the employees of an office, have constructed a makeshift mosque by erecting a thatched structure in a corner of the office premises, located behind the salary department. We offer our Ẓuhr and ʿAṣr prayers there. However, we hesitate to seek formal permission for fear that the mosque may be demolished. Thus, we consider it a blessing to pray in this space.
Since the Friday prayer is held at a mosque near the courthouse, and we cannot go there due to our job constraints, we wonder:
Is it permissible to offer Jumuʿah prayer in this makeshift mosque?
Does this structure have the status of a mosque under Islamic law, despite being built without formal authorization?
Please enlighten us with the correct ruling. May Allah reward you immensely.
If there is a genuine fear that seeking formal permission from the landowner would result in the demolition of this prayer space, then it clearly indicates that the owner does not approve of a mosque being established on that land.
Hence, such a place does not hold the legal status of a mosque under Islamic law. Rather, it is to be considered an ordinary structure.
This is because no land or building can attain the status of a mosque unless:
① There is explicit permission from the landowner for establishing a mosque, or
② The owner openly declares: “I dedicate this land/building permanently for it to be a mosque.”
As mentioned:
"This is an undisputed matter: if a group turns someone else’s land into a mosque or uses it however they please without the knowledge of the owner—what will be the status of such an act?"
Therefore, the structure referred to by the questioners, which they perceive as a mosque, cannot host valid prayers (without disapproval) unless explicit permission is obtained from the rightful owner.
Such land, being under legal uncertainty, resembles the status of a usurped property (shibh al-maġṣūbah).
Allah knows best.
— Muḥammad Qamar al-Dīn
Since this mosque has been constructed without the owner’s authorization, it does not hold the status of a mosque, and the reward of prayer offered therein is not equivalent to that of a proper mosque.
Friday prayer (Jumuʿah) in such a place is also not valid.
“Fear Allah and speak the truth.”
— Muḥammad Sadīd al-Dīn Qureshī
❖ Further Clarification
The land in question cannot be considered a mosque from any legal aspect.
However, offering prayer there with implicit approval from the government is permissible, because secular laws (such as British Indian law) clearly state that no one shall be prohibited from acts of worship, and nearly all mosques are situated on government-owned land.
Moreover, even if such implicit approval were not present, offering prayer on such premises without seeking explicit permission is still permissible—with slight dislike (karāhah)—especially if the place is like an open courtyard (fanā’ al-miṣr) or wilderness, where ownership is ambiguous.
As stated:
"If one finds buried treasure in the wilderness, it belongs to him, because such land is not under anyone’s exclusive ownership."
(al-Hidāyah, Kitāb al-Rikāz)
And regarding Jumuʿah prayer, the ruling is that it is permissible in the outskirts (fanā’) of a city, just as it is within the city itself:
"Just as Friday prayer is valid within a city, it is also valid in the courtyard area connected to the city, which is designated for public use."
(al-Fatāwā al-ʿĀlamgīriyyah)
❖ Concluding Verdicts
✔ Shihāb al-Dīn: The answer provided is correct.
✔ ʿAbd al-Ghafūr: Agrees with the ruling and its reasoning.
✔ Ghulām Yaḥyā & Sayyid Muḥammad Naẓīr Ḥusayn: Also affirm the correctness of the second answer.
✔ Sayyid Abū al-Ḥasan: Officially stamped his approval on the second response.
Final Summary:
➤ A mosque built without permission on land that is not legally endowed (waqf), does not qualify as a mosque under Shari‘ah.
➤ Friday prayer is not valid in such a space.
➤ However, general prayer is permissible, either conditionally with slight dislike, or unconditionally if it is open, unused land, like the outskirts of a town.
