Establishing a clinic on the land of the Eid mosque
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Fatwa number ( 13838 )
Q: 1- We have a mosque used as a prayer hall for the two Eids, as well as for the prayer for rain, and it is surrounded by a wall two meters or more in height on all sides. Next to it is a mosque for the regular prayers of the neighbors. This Eid mosque has been in this location for about ten years or more, and it was established there by the mutual consent of the people of the neighborhood, who built the wall around it in this state. 2- A clinic was opened by the Ministry of Health on a lease in one of the buildings of a citizen. After a period had passed since the opening of the aforementioned clinic, the Ministry of Health requested that we give them land from the properties of the people of the neighborhood to build a clinic building. Since there was no land belonging to the people of the neighborhood, we were unable to do so. In the meantime, the Ministry of Health, represented by the Health Affairs in Abha , informed us that if land is not available to build the clinic on without compensation, the Ministry of Health may transfer the aforementioned clinic to any other neighborhood where land is available without compensation. Since transferring the clinic from its current location would be a harm to the people of the neighborhood, especially the elderly and the disabled who do not own cars, to get them to the clinic if it were in a different location,
Based on the above, the following occurred: A group of people from the neighborhood went to a notary public in Khamis Mushayt, and stated that there is vacant land and they wish to issue a title deed for it in the name of the Ministry of Health to establish a clinic. The municipality assisted them in this. It turned out that the land for which the title deed was issued is the aforementioned mosque, which belongs to the Eid and rain prayer hall. We were greatly displeased with this procedure, which aims to demolish the two aforementioned mosques and build the clinic on them. This would cause great harm due to the demolition of the mosque, as well as the presence of a girls' school (primary, middle, and secondary) with approximately one thousand five hundred students of various stages. If the two mosques were demolished and the clinic built there, it would lead to harassment of those students and teachers by those who would visit the clinic from among the weak of faith. We have presented this to Your Eminence to clear our conscience. We ask Your Eminence to kindly issue a fatwa permitting or prohibiting the establishment of the clinic in the location of the two aforementioned mosques after their demolition; because we wish for the two mosques to remain without being demolished by the Ministry of Health, and they can search for land even if it leads to expropriation, as they are capable in this matter. We ask you to inform us of what
we have clarified to Your Eminence, and may Allah preserve you.
A: If the matter is as stated, it is not permissible to establish a clinic on the land of the two mosques. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: 1- We have a mosque used as a prayer hall for the two Eids, as well as for the prayer for rain, and it is surrounded by a wall two meters or more in height on all sides. Next to it is a mosque for the regular prayers of the neighbors. This Eid mosque has been in this location for about ten years or more, and it was established there by the mutual consent of the people of the neighborhood, who built the wall around it in this state. 2- A clinic was opened by the Ministry of Health on a lease in one of the buildings of a citizen. After a period had passed since the opening of the aforementioned clinic, the Ministry of Health requested that we give them land from the properties of the people of the neighborhood to build a clinic building. Since there was no land belonging to the people of the neighborhood, we were unable to do so. In the meantime, the Ministry of Health, represented by the Health Affairs in Abha , informed us that if land is not available to build the clinic on without compensation, the Ministry of Health may transfer the aforementioned clinic to any other neighborhood where land is available without compensation. Since transferring the clinic from its current location would be a harm to the people of the neighborhood, especially the elderly and the disabled who do not own cars, to get them to the clinic if it were in a different location,
Based on the above, the following occurred: A group of people from the neighborhood went to a notary public in Khamis Mushayt, and stated that there is vacant land and they wish to issue a title deed for it in the name of the Ministry of Health to establish a clinic. The municipality assisted them in this. It turned out that the land for which the title deed was issued is the aforementioned mosque, which belongs to the Eid and rain prayer hall. We were greatly displeased with this procedure, which aims to demolish the two aforementioned mosques and build the clinic on them. This would cause great harm due to the demolition of the mosque, as well as the presence of a girls' school (primary, middle, and secondary) with approximately one thousand five hundred students of various stages. If the two mosques were demolished and the clinic built there, it would lead to harassment of those students and teachers by those who would visit the clinic from among the weak of faith. We have presented this to Your Eminence to clear our conscience. We ask Your Eminence to kindly issue a fatwa permitting or prohibiting the establishment of the clinic in the location of the two aforementioned mosques after their demolition; because we wish for the two mosques to remain without being demolished by the Ministry of Health, and they can search for land even if it leads to expropriation, as they are capable in this matter. We ask you to inform us of what
we have clarified to Your Eminence, and may Allah preserve you.
A: If the matter is as stated, it is not permissible to establish a clinic on the land of the two mosques. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.