Fatwa #327 August 2000Pakistan
Selling Masjid Property
Question
We in a community in Canada have purchased a property and converted itinto a masjid. Alhamdulillaah, this has had a positive influence on the community.A couple years have now passed and the feeling amongst some is that thisparticular location is not the most suited (size wise, for future growth, etc.). Thequestion which arises isIs it permissible to sell the present property so that we can acquire anotherwhich is more suitable in our opinion? Please do provide evidence and references so that we may show the answer tothe brothers. As well, is there a difference of opinion in this matter among the 'ulamaa?
Answer
Selling Masjid in the situation you have mentioned in your letter is not permissible at all according to any school from the four recognized ones. Imam Abu
Hanifa, Imam Shaafi and Imam Maalik are firmly unanimous on the point that once a property is converted into a Masjid it cannot be sold in any case.
However, it is only Imam Ahmad Ibn Hambal who has opined that in an extreme situation where the Masjid is no longer useable for the purpose of a Masjid.
The only fact, that the location of the Masjid is not the most suited one, does not justify its sale even according to Imam Ahmad Ibn Hambal. (For the rulings
according to Hanafi, Shaafi and Maaliki schools see Al-Sharbini: Mughni Al-Mohtaj v.2 p.392, AlMawwaq v.6 p.42, Ibn AlHuman: Fat Al-Qadir v.5 p.446 and
for the stand point of Imam Ahmad Ibn Hambal see Ibn Qudamah: AlMughni v.6 p.225) .
By Mufti Taqi Usmani
Hanifa, Imam Shaafi and Imam Maalik are firmly unanimous on the point that once a property is converted into a Masjid it cannot be sold in any case.
However, it is only Imam Ahmad Ibn Hambal who has opined that in an extreme situation where the Masjid is no longer useable for the purpose of a Masjid.
The only fact, that the location of the Masjid is not the most suited one, does not justify its sale even according to Imam Ahmad Ibn Hambal. (For the rulings
according to Hanafi, Shaafi and Maaliki schools see Al-Sharbini: Mughni Al-Mohtaj v.2 p.392, AlMawwaq v.6 p.42, Ibn AlHuman: Fat Al-Qadir v.5 p.446 and
for the stand point of Imam Ahmad Ibn Hambal see Ibn Qudamah: AlMughni v.6 p.225) .
By Mufti Taqi Usmani