Source: Fatāwā ʿUlamāʾ-e-Ḥadīth, Volume 09
What do the scholars of Islam say about this issue:
A person purchased a piece of land for a mosque. However, the land already had a two-storey building constructed upon it. The buyer wishes to dedicate the upper floor as a mosque and use the lower floor for rental purposes to cover the expenses of the mosque.
In this case:
According to the teachings of the Book of Allah and the Sunnah of His Messenger ﷺ, the scenario described is permissible and correct.
If a person designates the upper floor of a two-storey building as a mosque, and the lower floor is kept for rental to meet the expenses of the mosque, then:
This arrangement is permissible and valid according to the principles of Islamic jurisprudence, and is supported by practice during the prophetic period:
These examples indicate that building within, above, or below a mosque for its needs and purposes is permissible and does not compromise its sanctity.
Ease Over Hardship
Allah ﷻ states:
﴿وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ﴾
“And He has not placed upon you in the religion any difficulty.”
(Surat al-Ḥajj: 78)
The Prophet ﷺ said:
«يسِّروا ولا تعسِّروا»
"Make things easy and do not make them difficult."
These principles guide scholars to give rulings of ease where the Sharīʿah has not explicitly prohibited something.
❖ Ḥanafī Madhhab:
✔ It is permissible to:
✔ This does not invalidate the mosque’s sanctity.
✔ Such an arrangement is also backed by Sharʿī proofs, Prophetic practices, and classical juristic consensus, including the Ḥanafī school.
And Allah knows best.
What do the scholars of Islam say about this issue:
A person purchased a piece of land for a mosque. However, the land already had a two-storey building constructed upon it. The buyer wishes to dedicate the upper floor as a mosque and use the lower floor for rental purposes to cover the expenses of the mosque.
In this case:
- Will the upper floor hold the ruling of a Sharʿī mosque?
- Is it permissible to rent out the lower floor for mosque expenses?
Please clarify this issue based on the reliable books of Fiqh.
According to the teachings of the Book of Allah and the Sunnah of His Messenger ﷺ, the scenario described is permissible and correct.
If a person designates the upper floor of a two-storey building as a mosque, and the lower floor is kept for rental to meet the expenses of the mosque, then:
- The upper portion will be considered a Sharʿī mosque.
- Renting out the lower portion is allowed, provided it is waqf for the mosque, and the owner retains no personal rights or benefit from it.
This arrangement is permissible and valid according to the principles of Islamic jurisprudence, and is supported by practice during the prophetic period:
❖ Evidence from Prophetic Era:
- In Masjid al-Nabawi, the Prophet ﷺ ordered the construction of a chamber for the mosque’s caretaker inside the mosque.
- Tents were pitched inside the mosque to house some individuals for their personal benefit or treatment, without invalidating the mosque’s status.
These examples indicate that building within, above, or below a mosque for its needs and purposes is permissible and does not compromise its sanctity.
❖ General Principles
Ease Over Hardship
Allah ﷻ states:
﴿وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ﴾
“And He has not placed upon you in the religion any difficulty.”
(Surat al-Ḥajj: 78)
The Prophet ﷺ said:
«يسِّروا ولا تعسِّروا»
"Make things easy and do not make them difficult."
These principles guide scholars to give rulings of ease where the Sharīʿah has not explicitly prohibited something.
❖ Rulings from Classical Fiqh Books
❖ Ḥanafī Madhhab:
- If a building already exists, and then its upper floor is designated as a mosque, while the lower floor is rented for mosque maintenance, this is valid.
- In Durr al-Mukhtār, it is stated:
"If a house is built above for the Imām, it is not harmful, because it is from the interests of the mosque."
- In al-Shāmī, it is noted:
"If the basement or upper floor is for the benefit of the mosque or is made waqf upon it, it becomes part of the mosque."
- The lower portion must be formally endowed (waqf) for mosque purposes.
- The owner must sever personal ownership rights from it.
- This setup does not violate the status of the mosque according to both Sharʿī and juristic standards.
❖ Summary
✔ It is permissible to:
- Designate the upper portion as a mosque.
- Use the lower portion for rent, provided it is made waqf for mosque expenses.
✔ This does not invalidate the mosque’s sanctity.
✔ Such an arrangement is also backed by Sharʿī proofs, Prophetic practices, and classical juristic consensus, including the Ḥanafī school.
And Allah knows best.
