Source: Fatāwā ʿUlamāʾ-e-Ḥadīth, Volume 09
A woman named Hindah owns a house next to a mosque. Historically, multiple drainpipes (پرنالے) from her house discharged water onto an open vacant land, which eventually became a mosque funded by local Muslims. During the mosque’s construction, the old drainage rights were maintained, and a covered channel was built under the mosque yard to carry both Hindah’s and the mosque's roof water to the main drainage.
Recently, Hindah renovated her property, rerouting dirty water (e.g., from washrooms) elsewhere out of respect for the mosque, but she maintained the original clean water drainage system, citing construction completion and logistical constraints.
Some members of the community now demand that Hindah reroute the rest of her water as well, arguing it causes odor and discomfort during ablution. Hindah, while not willing to forfeit her drainage rights, is willing to resolve the odor issue at her own cost by installing an iron pipe or similar solution.
The following questions are asked:
✔ Yes, Hindah’s reasoning is valid and Sharʿīyah recognizes her right to maintain the pre-existing drainage path.
✘ She is not sinful for exercising her right.
✘ Those who coerce or wrongfully pressure her are not upon truth and are misguided in Sharʿīah.
✔ Yes, she has a Sharʿī right to protect her property and drainage access without being sinful.
This is upheld by multiple classical sources, including Al-Hidāyah, which emphasize that unless the land has been wholly and clearly dedicated for the sake of Allah (i.e., waqf without any remaining private rights), then any private rights still attached to it remain enforceable.
✔ Yes, ṣalāh is valid over the stone-covered channel, provided moisture or impurity does not reach the surface and there is no evidence of actual filth.
However, technically, this portion is not considered part of the mosque due to the underlying private right, thus not receiving full mosque sanctity, but prayer is still valid.
✘ It is harām and sinful in Sharīʿah to:
✦ While coercion is impermissible, Hindah is encouraged — if she wishes and is able — to voluntarily reroute the drainage out of respect for the mosque. This would be a virtuous deed, earning reward from Allah ﷻ, but it cannot be enforced.
✦ Respecting the sanctity of the mosque is everyone’s responsibility, and managing odor issues in a mutually respectful and lawful manner is the ideal path.
✔ Hindah’s right is protected by Sharīʿah,
✘ She cannot be coerced or accused of wrongdoing,
✔ Prayer on the stone-covered drain area is valid,
✘ Those attempting to override her rights without legal basis are sinful.
✔ A peaceful, respectful solution — such as installing covered piping — is best for all parties.
وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
Written by: Muḥammad Maẓharullāh
Reviewed and affirmed by:
ʿAzīz al-Raḥmān Deobandi, Muḥammad Bashīr, Sayyid Abū al-Ḥasan, Sayyid ʿAbd al-Salām, ʿAbd al-Ḥaqq Ḥaqqānī, Karamatullāh, and others.
(Fatāwā Nadhīriyyah, Vol. 1, p. 207)
A woman named Hindah owns a house next to a mosque. Historically, multiple drainpipes (پرنالے) from her house discharged water onto an open vacant land, which eventually became a mosque funded by local Muslims. During the mosque’s construction, the old drainage rights were maintained, and a covered channel was built under the mosque yard to carry both Hindah’s and the mosque's roof water to the main drainage.
Recently, Hindah renovated her property, rerouting dirty water (e.g., from washrooms) elsewhere out of respect for the mosque, but she maintained the original clean water drainage system, citing construction completion and logistical constraints.
Some members of the community now demand that Hindah reroute the rest of her water as well, arguing it causes odor and discomfort during ablution. Hindah, while not willing to forfeit her drainage rights, is willing to resolve the odor issue at her own cost by installing an iron pipe or similar solution.
The following questions are asked:
✔ Yes, Hindah’s reasoning is valid and Sharʿīyah recognizes her right to maintain the pre-existing drainage path.
✘ She is not sinful for exercising her right.
✘ Those who coerce or wrongfully pressure her are not upon truth and are misguided in Sharʿīah.
Reference from Al-Fatāwā al-ʿĀlamgīriyyah:
"If a drainpipe (mizāb) is old and the roof is inclined towards the neighbor’s property, and it is known to be historically established, then the right of drainage is valid."
✔ Yes, she has a Sharʿī right to protect her property and drainage access without being sinful.
This is upheld by multiple classical sources, including Al-Hidāyah, which emphasize that unless the land has been wholly and clearly dedicated for the sake of Allah (i.e., waqf without any remaining private rights), then any private rights still attached to it remain enforceable.
✔ Yes, ṣalāh is valid over the stone-covered channel, provided moisture or impurity does not reach the surface and there is no evidence of actual filth.
However, technically, this portion is not considered part of the mosque due to the underlying private right, thus not receiving full mosque sanctity, but prayer is still valid.
✘ It is harām and sinful in Sharīʿah to:
- Violate someone’s rights,
- Humiliate a fellow Muslim,
- Or conceal the truth in legal and moral disputes.
Prophetic Hadith (Ṣaḥīḥ Muslim):
"The Muslim is the brother of the Muslim; he does not oppress him, nor forsake him, nor humiliate him. It is enough of a sin for a man to despise his Muslim brother."
✦ While coercion is impermissible, Hindah is encouraged — if she wishes and is able — to voluntarily reroute the drainage out of respect for the mosque. This would be a virtuous deed, earning reward from Allah ﷻ, but it cannot be enforced.
✦ Respecting the sanctity of the mosque is everyone’s responsibility, and managing odor issues in a mutually respectful and lawful manner is the ideal path.
✔ Hindah’s right is protected by Sharīʿah,
✘ She cannot be coerced or accused of wrongdoing,
✔ Prayer on the stone-covered drain area is valid,
✘ Those attempting to override her rights without legal basis are sinful.
✔ A peaceful, respectful solution — such as installing covered piping — is best for all parties.
وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
Written by: Muḥammad Maẓharullāh
Reviewed and affirmed by:
ʿAzīz al-Raḥmān Deobandi, Muḥammad Bashīr, Sayyid Abū al-Ḥasan, Sayyid ʿAbd al-Salām, ʿAbd al-Ḥaqq Ḥaqqānī, Karamatullāh, and others.
(Fatāwā Nadhīriyyah, Vol. 1, p. 207)
