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[May I take possession of a mosque of which only the foundation remains?]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 16089
Number of views: 13
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[May I take possession of a mosque of which only the foundation remains?]
Fatwa number: 16089
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Question

Question: Between my house and my neighbor’s is an old mosque, of which only the foundation remains. People have no need of this mosque. My neighbor wants to enclose this mosque and take it for himself. Is it permissible for me to take something of the mosque—bearing in mind that, most likely, if I do not take some of it, my neighbor will take all of it, and the people of the quarter are not thinking about this mosque nor in need of it, and it is a small mosque?

Answer

Answer (and Allah grants success): It is not permissible for you nor your neighbor to take anything from the mosque. It is Allah’s property; it is not permissible for anyone to dispose of it. You and your neighbor can restore the mosque and benefit from it, or make it a women’s prayer area. If you do that, you must open a door from it to the street. It is obligatory upon you to advise your neighbor that it is not permissible for him to own the mosque.
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1

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