Source: Fatāwā ʿUlamāʾ-e-Ḥadīth, Volume 09
What is the ruling from the scholars of Islam on the following matter:
A man constructed a mosque in the women’s section of his home with the specific intention that only the women of the household would perform prayers in it. Due to privacy concerns, Adhān (call to prayer) and Iqāmah (call to commence prayer) are not performed there.
In this situation:
① Will this structure be considered a proper masjid under Islamic law?
② Do non-resident women or outsiders have the right to offer prayer in it without the owner’s permission?
③ Will the owner be sinful for omitting the Adhān and Iqāmah?
④ Since the Adhān from a nearby public mosque is audible in this space, is that sufficient?
⑤ Will the land of this private mosque be considered Waqf (endowed in the way of Allah)?
In the case mentioned, the mosque built within the women’s section of the house can carry the ruling and designation of a mosque, even if Adhān is not called there.
The owner will not be sinful for not giving the Adhān or Iqāmah, and the land will not be considered Waqf. This is proven by the narration found in Ṣaḥīḥ al-Bukhārī:
ʿItbān bin Mālik (RA), a Companion of the Prophet ﷺ, who was blind and served as the Imām for his people, said:
“O Messenger of Allah! When it rains and the valley floods, I cannot reach the mosque to lead my people in prayer. I request you to come to my house and offer prayer at a specific place so that I can designate it as a Musallā (place of prayer).”
The Prophet ﷺ came with Abū Bakr (RA), entered the house, and upon being shown the place, stood up, said takbīr, and led a two-rakʿah prayer in that corner of the house.
From this incident, it is clear that:
✔ A specific portion of a house can be designated for prayer.
✔ The absence of Adhān does not invalidate the space's legitimacy for prayer.
✔ Such a space does not become a Waqf-masjid unless the owner formally declares it as such.
✦ “If someone builds a mosque, it does not automatically leave his ownership unless he removes it from his property and grants general permission for public prayer.”
✦ “If someone builds a mosque on the doorstep of his home, and formally endows the land, and later dies, and the mosque becomes dilapidated—his heirs may sell the land.”
✦ “There is no Adhān or Iqāmah required for women. If they pray in congregation, they should do so without Adhān and Iqāmah. If they pray, the prayer is valid, albeit with slight disapproval (karāhah).”
① Yes, this private prayer space may be called a masjid in a limited sense, but not a full waqf-masjid.
② No, outsiders or non-resident women do not have the right to enter and pray there without the owner’s permission.
③ No, the owner is not sinful for not calling the Adhān or Iqāmah in this case.
④ Yes, the Adhān from the nearby public mosque suffices and is applicable.
⑤ No, the land is not considered Waqf, unless a formal declaration is made and public access is granted.
Conclusion:
A mosque built in the women’s section of a house for private use by household women can carry the name "masjid" for convenience and function, but legally it is not a Waqf mosque unless publicly endowed. Prayer there is valid, even without Adhān or Iqāmah, and permission from the owner is necessary for anyone else to use it.
What is the ruling from the scholars of Islam on the following matter:
A man constructed a mosque in the women’s section of his home with the specific intention that only the women of the household would perform prayers in it. Due to privacy concerns, Adhān (call to prayer) and Iqāmah (call to commence prayer) are not performed there.
In this situation:
① Will this structure be considered a proper masjid under Islamic law?
② Do non-resident women or outsiders have the right to offer prayer in it without the owner’s permission?
③ Will the owner be sinful for omitting the Adhān and Iqāmah?
④ Since the Adhān from a nearby public mosque is audible in this space, is that sufficient?
⑤ Will the land of this private mosque be considered Waqf (endowed in the way of Allah)?
In the case mentioned, the mosque built within the women’s section of the house can carry the ruling and designation of a mosque, even if Adhān is not called there.
The owner will not be sinful for not giving the Adhān or Iqāmah, and the land will not be considered Waqf. This is proven by the narration found in Ṣaḥīḥ al-Bukhārī:
ʿItbān bin Mālik (RA), a Companion of the Prophet ﷺ, who was blind and served as the Imām for his people, said:
“O Messenger of Allah! When it rains and the valley floods, I cannot reach the mosque to lead my people in prayer. I request you to come to my house and offer prayer at a specific place so that I can designate it as a Musallā (place of prayer).”
The Prophet ﷺ came with Abū Bakr (RA), entered the house, and upon being shown the place, stood up, said takbīr, and led a two-rakʿah prayer in that corner of the house.
From this incident, it is clear that:
✔ A specific portion of a house can be designated for prayer.
✔ The absence of Adhān does not invalidate the space's legitimacy for prayer.
✔ Such a space does not become a Waqf-masjid unless the owner formally declares it as such.
❖ Rulings from Classical Jurisprudence (Fatawā al-ʿĀlamgīriyyah & Khulāṣah)
✦ “If someone builds a mosque, it does not automatically leave his ownership unless he removes it from his property and grants general permission for public prayer.”
✦ “If someone builds a mosque on the doorstep of his home, and formally endows the land, and later dies, and the mosque becomes dilapidated—his heirs may sell the land.”
✦ “There is no Adhān or Iqāmah required for women. If they pray in congregation, they should do so without Adhān and Iqāmah. If they pray, the prayer is valid, albeit with slight disapproval (karāhah).”
❖ Specific Answers to the Questions
① Yes, this private prayer space may be called a masjid in a limited sense, but not a full waqf-masjid.
② No, outsiders or non-resident women do not have the right to enter and pray there without the owner’s permission.
③ No, the owner is not sinful for not calling the Adhān or Iqāmah in this case.
④ Yes, the Adhān from the nearby public mosque suffices and is applicable.
⑤ No, the land is not considered Waqf, unless a formal declaration is made and public access is granted.
Conclusion:
A mosque built in the women’s section of a house for private use by household women can carry the name "masjid" for convenience and function, but legally it is not a Waqf mosque unless publicly endowed. Prayer there is valid, even without Adhān or Iqāmah, and permission from the owner is necessary for anyone else to use it.
