Donating A Land For The Building Of A Mosque

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There is a person in our Mohalla who owns a plot covering 40x30 feet. He wants to give it as a donation to a mosque by constructing it in two stories in charity. He wants that one story should be used as a mosque, and the other story would be used as a school. According to his opinion, it has been decided that in the lower story the school would be run and the upper story would be used as a mosque.

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"It is necessary in the first place that if an area is selected for the building of mosque then all the human rights of the owner of the land should be disconnected from it entirely. Therefore, where a mosque is built, all its upper and lower stories built come within the limits of a mosque. If it is decided to build any thing in the lower or upper side of the mosque, then it should be noted that the building should be in the interests of the mosque and the upper and lower parts should be endowed for this purpose. Ibn Nujaim says, ???One of the conditions of a mosque is that its lower and upper sides both should be used for a mosque so that any other person???s right may totally be removed from it.???1

In other words, The owner of the land who has decided to build the mosque and give it in charity has no say on how a mosque should be run or dictate any other conditions that he may have in mind after donating the building to be used as a mosque.

Now if we think carefully over the question presented to us, then it becomes obvious that when one part is used as a mosque and the other part is used as a school, then it would not be right. However, if the school is run for the interest of the mosque, and the person who has donated this land has said it with the best intentions in his heart then it can be considered right and allowed by the other members in the governing body of the Trust running the mosque."

 

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