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f:383 -    Extending house into the premises of the mosque
Country : Gulbarga, India,
Name : Qutub Pasha
Question:     There is an open space in the premises of a Masjid.  Next to the premises of the Masjid, a person is constructing his house.  This person says that he will extend the eave of his house into the area of the Masjid and when the Masjid is being extended, he will take it down.  The committee has not yet replied to him.  What does the Shariah say about this and what should the committee do?
Answer:     As the mosque and its premises are endowment property (Waqf), they cannot be the property of a person and neither can a single person draw personal benefit from it.  It is the property of Almighty Allah and using and drawing benefit from it is the right of every Muslim.  Thus, extending the eave (Chajja in Urdu)of the house into the premises of the mosque is not permissible as per the Shariah.  In light of this, the mosque committee should prohibit the person from doing so and save the land of the mosque from being used for personal gain.  As mentioned in Radd Ul Muhtaar, Vol. 3, Pg. No: 406.

And Allah (Subhanahu Wa Ta'ala) knows best.

Mufti Syed Ziauddin Naqshbandi Qadri,

[Professor of Islamic Law, Jamia Nizamia,
Founder-Director, Abul Hasanaat Islamic Research Center]
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