Assigning part of an endowment for a purpose other than that stipulated by the endower
We reviewed request no. 3099 for the year 2005 which includes the following:
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?
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".
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.