Saturday, November 18, 2017 - 29 Safar 1439
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Assigning part of an endowment for a purpose other than that stipulated by the endower

A mosque in our village was erected on a piece of land, all of which has been
designated solely for the mosque. The mosque was later affiliated to the Ministry of Religious Trusts which subsequently closed it down because of life-threatening structural damage. The villagers collected donations to reconstruct the mosque and intend to include a reception hall. What is the ruling on this?

Answer

It is established in Islamic law that ownership of the endowed article is transferred from the endower to the beneficiary and that it is impermissible to dispose of the endowed article except as stipulated by the endower. This is because the legal axiom states that "Conditions laid down by the endower are tantamount to rulings laid down by the Law-maker".

The ruling

Based on the above, in the event that the mosque is reconstructed, it is to be built on the full area of the designated land and it is impermissible to allocate any part of it for any other purpose.
Allah the Almighty knows best.

 

Related links
» Changing an endowment
» Substituting an endowment
» Establishing cash endowments and channeling their proceeds
» Changing a condition made by the endower
» A Question about Rentals and Payments