Source: Fatāwā Muḥammadiyyah, vol. 1, p. 311
If a person wishes to build his residence above a madrasa, is it permissible?
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
✿ If the land of the madrasa is privately owned (not endowed as waqf), then it is permissible to build a residence above the madrasa.
✿ This is because the ruling of a mosque and that of a madrasa are different.
✿ The ruling regarding a mosque is that from the ground up to the open sky, all is considered part of the mosque. Hence, building a residence above a mosque is absolutely impermissible.
✿ However, if residential units are built above a madrasa for teachers or the principal, then living in them is completely permissible.
ھذا ما عندي والله أعلم بالصواب
(This is what I hold; and Allah knows best what is correct.)
Question
If a person wishes to build his residence above a madrasa, is it permissible?
Answer
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
✿ If the land of the madrasa is privately owned (not endowed as waqf), then it is permissible to build a residence above the madrasa.
✿ This is because the ruling of a mosque and that of a madrasa are different.
✿ The ruling regarding a mosque is that from the ground up to the open sky, all is considered part of the mosque. Hence, building a residence above a mosque is absolutely impermissible.
✿ However, if residential units are built above a madrasa for teachers or the principal, then living in them is completely permissible.
ھذا ما عندي والله أعلم بالصواب
(This is what I hold; and Allah knows best what is correct.)
