Source: Fatāwā ʿUlamāʾ-e-Ḥadīth, Volume 09
What is the ruling, according to Islamic law, on the situation where Zayd forcefully included a mortgaged plot of land into the mosque, by seizing it from the mortgagee (the one in possession)? The original owner of the land is absent.
Can this land, under Sharīʿah, be considered part of the mosque or not? Kindly provide an answer based on the Qur’ān and Sunnah.
✦ That land, according to Islamic Sharīʿah, cannot be considered part of the mosque.
✦ And even if forcibly included, it will never hold the status of a mosque.
It is mentioned in the Ḥadīth:
«إِنَّ اللّٰهَ طَيِّبٌ لَا يَقْبَلُ إِلَّا طَيِّبًا»
“Indeed, Allah is pure and only accepts what is pure.”
(Narrated by Muslim)
Explanation by Shaykh ʿAbd al-Ḥaqq al-Dihlawī (رحمه الله) in the Sharḥ of Mishkāt:
“Since Allah Almighty is pure, He accepts only pure and lawful sustenance. That which is tainted with unlawfulness—being associated with impurity—is not suitable to be presented in the Divine Court for nearness and worship. Hence, anything acquired through ḥarām (unlawful means) is not acceptable in sacred matters.”
Shaykh ʿAbd al-Raḥmān al-Mubārakpūrī (رحمه الله) writes:
“For any piece of land to attain the status of a mosque, it must be endowed (waqf) in the name of Allah. Waqf can only be made over land that is owned by the person making the endowment.”
In this case:
✔ Zayd is not the owner of the land.
✔ The original owner is absent.
✔ The land is under mortgage (rahn) and has been usurped.
Therefore:
✘ This land cannot be made waqf.
✘ It cannot attain the status of a mosque.
✘ Any prayers performed on such land do not earn the reward of masjid prayers.
✘ Usurped land (maghṣūbah) remains unlawful for inclusion in acts of worship.
Including forcefully seized land into a mosque is impermissible and invalid in Sharīʿah.
The land does not become part of the mosque, nor is prayer there rewarded as it is in a lawful mosque.
Only land lawfully owned and endowed with intention of waqf can become part of a mosque.
وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
What is the ruling, according to Islamic law, on the situation where Zayd forcefully included a mortgaged plot of land into the mosque, by seizing it from the mortgagee (the one in possession)? The original owner of the land is absent.
Can this land, under Sharīʿah, be considered part of the mosque or not? Kindly provide an answer based on the Qur’ān and Sunnah.
✦ That land, according to Islamic Sharīʿah, cannot be considered part of the mosque.
✦ And even if forcibly included, it will never hold the status of a mosque.
It is mentioned in the Ḥadīth:
«إِنَّ اللّٰهَ طَيِّبٌ لَا يَقْبَلُ إِلَّا طَيِّبًا»
“Indeed, Allah is pure and only accepts what is pure.”
(Narrated by Muslim)
Explanation by Shaykh ʿAbd al-Ḥaqq al-Dihlawī (رحمه الله) in the Sharḥ of Mishkāt:
“Since Allah Almighty is pure, He accepts only pure and lawful sustenance. That which is tainted with unlawfulness—being associated with impurity—is not suitable to be presented in the Divine Court for nearness and worship. Hence, anything acquired through ḥarām (unlawful means) is not acceptable in sacred matters.”
❖ Legal Principle (Sharʿī Foundation)
Shaykh ʿAbd al-Raḥmān al-Mubārakpūrī (رحمه الله) writes:
“For any piece of land to attain the status of a mosque, it must be endowed (waqf) in the name of Allah. Waqf can only be made over land that is owned by the person making the endowment.”
In this case:
✔ Zayd is not the owner of the land.
✔ The original owner is absent.
✔ The land is under mortgage (rahn) and has been usurped.
Therefore:
✘ This land cannot be made waqf.
✘ It cannot attain the status of a mosque.
✘ Any prayers performed on such land do not earn the reward of masjid prayers.
✘ Usurped land (maghṣūbah) remains unlawful for inclusion in acts of worship.
❖ Conclusion
Including forcefully seized land into a mosque is impermissible and invalid in Sharīʿah.
The land does not become part of the mosque, nor is prayer there rewarded as it is in a lawful mosque.
Only land lawfully owned and endowed with intention of waqf can become part of a mosque.
وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
