purchased some land and built a Masjid on part of the land and a house

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purchased some land and built a Masjid on part of the land and a house

Deposit,Financial Endowment,purchased some land and built a Masjid on part of the land and a house

Fatwa No :

35164

| Date :

Fatwa No : 35164
purchased some land and built a Masjid on part of the land and a house

معاملات / امانات / وقف

purchased some land and built a Masjid on part of the land and a house

Someone purchased some land and built a masjid on part of the land and a house to live in. He then passed away and his father, who is of his inheritors, took possession of his entire property. He doesn’t allow any of the other inheritors to come close to the masjid, house or any other part of the property. My question is that what should the other inheritors do? Should we do Waqf of the masjid so that our father will reap its rewards or not? What should we do about the house and the remainder of the property? Should we forgo our right to inheritance so that he can take possession of the property for him and his children to live a happy life and for the actual inheritors and their children to die of hunger? Is it permissible to perform Salah in a masjid that has been taken possession of by force? What is the law regarding the Salah of the common worshiper in such a masjid?

الجوابُ حامِدا ًو مُصلیِّا ً

If the deceased did Waqf of his property and built a masjid on it while he was alive and healthy, and permitted people to perform Salah in it, then it has already become a masjid as per Shari’ah. This place will remain a masjid until the Day of Judgment. It is not permissible by any means for the inheritors to take possession of this masjid as inheritance, but an inheritor can in fact become the caretaker of the masjid. As for the house of the decease and the remainder of his property, if he didn’t do Waqf of them, then they are the right of his inheritors and it must be divided amongst them according to the method for division of inheritance prescribed by the Shari’ah. Forcefully taking possession if the property of the deceased and depriving other inheritors of their share is usurping and indeed a form of oppression, due to which it is Haram. He must give the other inheritors their share of the inheritance as prescribed by the Shari’ah and save himself from being taken to task for his action in this world and the hereafter, otherwise legal action can be taken against him.
And Allah knows best.

And Allah knows best
Darulifta Jamia Binoria Aalamia

Fatwa No 35164 Verify Now

0 2005

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purchased some land and built a Masjid on part of the land and a house        
    
    Question:
    Someone purchased some land and built a masjid on part of the land and a house to live in. He then passed away and his father, who is of his inheritors, took possession of his entire property. He doesn’t allow any of the other inheritors to come close to the masjid, house or any other part of the property. My question is that what should the other inheritors do? Should we do Waqf of the masjid so that our father will reap its rewards or not? What should we do about the house and the remainder of the property? Should we forgo our right to inheritance so that he can take possession of the property for him and his children to live a happy life and for the actual inheritors and their children to die of hunger? Is it permissible to perform Salah in a masjid that has been taken possession of by force? What is the law regarding the Salah of the common worshiper in such a masjid?
    Answer:
    If the deceased did Waqf of his property and built a masjid on it while he was alive and healthy, and permitted people to perform Salah in it, then it has already become a masjid as per Shari’ah. This place will remain a masjid until the Day of Judgment. It is not permissible by any means for the inheritors to take possession of this masjid as inheritance, but an inheritor can in fact become the caretaker of the masjid. As for the house of the decease and the remainder of his property, if he didn’t do Waqf of them, then they are the right of his inheritors and it must be divided amongst them according to the method for division of inheritance prescribed by the Shari’ah. Forcefully taking possession if the property of the deceased and depriving other inheritors of their share is usurping and indeed a form of oppression, due to which it is Haram. He must give the other inheritors their share of the inheritance as prescribed by the Shari’ah and save himself from being taken to task for his action in this world and the hereafter, otherwise legal action can be taken against him.
And Allah knows best.