Fatwa on Constructing Mosques According to Shar‘i Principles
Source: Fatāwā Shaykh al-Ḥadīth Mubārakpūrī, Vol. 1, Pg. 184
❖ Question
Please explain the chapter “T‘amīr al-Masājid” (Construction of Mosques).
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ‘alā Rasūlillāh, ammā ba‘d!
In response to the above question, the concise but clear explanation is as follows:
◈ The Condition of Permissible Mosque Construction
- Whether the mosque is built by ‘Umar, Bakr, or any pious worshipper, the construction will not be valid in Sharī‘ah if the land is usurped.
- If the land belongs to Khālid, no mosque can be built on it without his permission.
◈ The Ruling of Constructing on Usurped Land
- If the mosque is built without permission, the land will be deemed maghṣūbah (usurped).
- According to the books of Fiqh:
"ويجب ….. فى مكان غصبه"
(as mentioned in Kanz al-Daqā’iq and other fiqh references, as well as al-Durr al-Mukhtār)
✔ A mosque constructed on usurped land is not considered a Shar‘ī mosque.
◈ The Right of the Landowner
- If Zayd or others return the land, that is best.
- But if they do not return it, then Khālid (the landowner) has the full right to demolish the mosque.
- There is no Shar‘ī disagreement in this, because:
❀ That mosque is not a Shar‘ī mosque.
❀ It is established upon usurped land.
❀ Such a mosque is built on a forbidden and impure foundation.
❀ Allah does not accept anything impure; He only accepts what is ṭayyib (pure).
◈ Prophetic Ḥadīth
The Messenger of Allah ﷺ said:
"من أخذ شبراً من الارض ظلما، فإنه يطوقه يوم القيامة سبع أرضين"
(Ṣaḥīḥ al-Bukhārī – Kitāb Bad’ al-Khalq, Bāb Mā Jā’a fī Sab‘ Arāḍīn 3/74; Kitāb al-Maẓālim, Bāb Ithm man Ẓalama Shay’an min al-Arḍ 2/100)
Meaning: Whoever takes even a handspan of land unjustly will be made to wear it around his neck, sinking down through seven earths on the Day of Resurrection.
Conclusion
- A mosque built on usurped land is not Shar‘īly valid or recognized.
- The rightful owner has full authority to demolish it.
ھذا ما عندي والله أعلم بالصواب
