Registration of mosque endowments abroad should be in the name of the association, not in the name of an individual
Machine translationRead the Arabic original
Fatwa No. ( 20651 )
Q: One of the Islamic associations in Germany rented a floor of a building and used it as a mosque for performing prayers. The Muslims found it difficult to provide for that rent, so one of the brothers, a member of the board of directors of the aforementioned association, acting as an agent to purchase the place and register it in his name, contacted some of his acquaintances who are doers of good to donate to the mosque. They agreed to provide a sum from their charity to purchase that mosque with the intention that it be a continuous charity (sadaqah jariyah). They stipulated that the aforementioned mosque be registered as the property of the aforementioned brother, not the association, explaining that they trust him. It is known that this association is a legal entity with the right to own property, and its ownership is protected. Its constitution (basic system), which was approved by the German authorities, states that if it is dissolved, its assets will be transferred to one of the other Islamic centers in Germany, and
a jurisprudential dispute arose among the mosque attendees regarding the permissibility of registering the ownership of the mosque in the name of this person. Some said: This is not permissible; because mosques belong to Allah, and the correct course is to register the ownership of the mosque in the name of the association, with this person managing the affairs of the mosque in execution of the donors' condition. Others said: This matter (i.e., registering the premises of this mosque as the property of this person) is permissible; so that he can execute the donors' condition himself. - Is the aforementioned condition stipulated by the donors permissible from a Sharia perspective? - Is it permissible for the aforementioned brother to commit to this condition according to the Sharia? - Is it permissible for the floor that was made into a mosque to be registered in the ownership of the aforementioned brother?
A: If the reality of the Islamic association is as mentioned, then it is obligatory that the floor used as a mosque be attached to it and registered in its name; because that is easier for following up on what concerns it and more protective of it. It is not permissible to register the ownership of this site used as a mosque in the name of any individual and attribute it to him; because of what that leads to regarding the loss of its endowment status. The person who registered the mosque in his name, or his heirs, or some of them after him, may claim ownership of it after a long time, resulting in dispute and harm.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: One of the Islamic associations in Germany rented a floor of a building and used it as a mosque for performing prayers. The Muslims found it difficult to provide for that rent, so one of the brothers, a member of the board of directors of the aforementioned association, acting as an agent to purchase the place and register it in his name, contacted some of his acquaintances who are doers of good to donate to the mosque. They agreed to provide a sum from their charity to purchase that mosque with the intention that it be a continuous charity (sadaqah jariyah). They stipulated that the aforementioned mosque be registered as the property of the aforementioned brother, not the association, explaining that they trust him. It is known that this association is a legal entity with the right to own property, and its ownership is protected. Its constitution (basic system), which was approved by the German authorities, states that if it is dissolved, its assets will be transferred to one of the other Islamic centers in Germany, and
a jurisprudential dispute arose among the mosque attendees regarding the permissibility of registering the ownership of the mosque in the name of this person. Some said: This is not permissible; because mosques belong to Allah, and the correct course is to register the ownership of the mosque in the name of the association, with this person managing the affairs of the mosque in execution of the donors' condition. Others said: This matter (i.e., registering the premises of this mosque as the property of this person) is permissible; so that he can execute the donors' condition himself. - Is the aforementioned condition stipulated by the donors permissible from a Sharia perspective? - Is it permissible for the aforementioned brother to commit to this condition according to the Sharia? - Is it permissible for the floor that was made into a mosque to be registered in the ownership of the aforementioned brother?
A: If the reality of the Islamic association is as mentioned, then it is obligatory that the floor used as a mosque be attached to it and registered in its name; because that is easier for following up on what concerns it and more protective of it. It is not permissible to register the ownership of this site used as a mosque in the name of any individual and attribute it to him; because of what that leads to regarding the loss of its endowment status. The person who registered the mosque in his name, or his heirs, or some of them after him, may claim ownership of it after a long time, resulting in dispute and harm.
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.