Expanding the street from the mosque and compensating for it
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Fatwa No. ( 20131 )
Praise be to Allah alone, and may peace and blessings be upon the one after whom there is no prophet. Then: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from the Honorable Deputy Chairman of the Sub-Committee for Endowments in the Riyadh Region, the General Manager of the Ministry’s branch in the Riyadh Region, and referred to the Committee by the General Secretariat of the Council of Senior Scholars, with number (7327) and date 24/12/1418 AH. The letter from his Honor stated: “I submit to Your Eminence, enclosed in these papers, the request of the al-Zulfi Municipality to expropriate a part of the mosque located east of the garden (‘Alaqah) , with an area of 350 m², due to its conflict with the street, in exchange for adding a part of the government land located in the southwestern direction of the mosque with an area of 1300 m² as compensation for the part that falls within the street’s right-of-way... etc.” This matter concluded with the decision of the Sub-Committee for Endowments in the Riyadh Region, number (6/207/M/Q/R), dated 27-28/8/1418 AH, which recommended approval of the exchange of the aforementioned mosque land after obtaining Your Eminence’s approval.
I request your kindness in reviewing the approval of what the Council deemed appropriate and providing the necessary information to complete the required procedures. The Permanent Committee also reviewed the decision of the Sub-Committee for Endowments, which stated: The Sub-Committee for Endowments in the Riyadh Region has reviewed the request of the al-Zulfi Municipality, detailed as follows: 1- The al-Zulfi Municipality, in letter number (168) dated 28/3/1417 AH, addressed to the Director of Endowments and Mosques of al-Zulfi Province, requested the expropriation of a part of the mosque located east of the garden (‘Alaqah) , with an area of 350 m², because it conflicts with the continuity of the street, which is 30 m² wide, to connect it to the main street of the district. 2- In exchange, a part of the government land located in the southwestern area of the mosque, with an area of approximately 1300 m², will be added as compensation for the part that falls within the street’s right-of-way. Additionally, annexes for the mosque, including housing for the imam and the mu’adhdhin, with an area of 638 m², will be added. 3- The part of the mosque falling within the street’s right-of-way will not be demolished unless the mosque is rebuilt by the Ministry. 4- When the matter was presented to the Honorable Head of the Court of al-Zulfi Province,
his Honor stated that if there is a stronger benefit returning to the mosque, there is no objection. 5- The Director of Endowments in al-Zulfi stated that there is a stronger benefit for the mosque by adding 1300 m² as compensation for the part that falls within the street’s right-of-way, as well as adding annexes to the mosque for the housing of the imam and the mu’adhdhin with an area of 638 m². 6- When the matter was presented to the Honorable Legal Member, he responded in letter number (10) dated 17/6/1418 AH, stating that he sees it best to leave the mosque as it is, to preserve it and out of respect. He said in (Kashsha’ al-Qina‘) in the chapter on (Selling or Exchanging Endowments): “It is not valid to sell it, give it as a gift, or exchange it—meaning replace it—even with something better; based on the text of the aforementioned hadith.” The hadith referred to is the saying of the Prophet (peace and blessings be upon him):Sunan ad-Daraqutni 25:16 ... etc.) If the municipality has government lands and the mosque needs some of them, or housing for the imam and the mu’adhdhin, what should be done is to allocate what is needed for that without bargaining over the existing mosque. Meanwhile, the al-Zulfi Municipality responded to its request, noting that the project is pending the approval of the Endowments Committee for this modification and exchange, which benefits the neighborhood in particular and the people of the town in general.
7- The mosque land is owned by the Ministry by deed (154/3) dated 19/8/1404 AH. After reviewing the matter and exchanging opinions, the Council decided to approve the exchange after obtaining the approval of His Eminence the Grand Mufti of the Kingdom, and then to submit the necessary decision with the complete file to the Supreme Council for Endowments, in accordance with the requirements of the first paragraph of Article Six of the System of the Supreme Council for Endowments.
Praise be to Allah alone, and may peace and blessings be upon the one after whom there is no prophet. Then: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from the Honorable Deputy Chairman of the Sub-Committee for Endowments in the Riyadh Region, the General Manager of the Ministry’s branch in the Riyadh Region, and referred to the Committee by the General Secretariat of the Council of Senior Scholars, with number (7327) and date 24/12/1418 AH. The letter from his Honor stated: “I submit to Your Eminence, enclosed in these papers, the request of the al-Zulfi Municipality to expropriate a part of the mosque located east of the garden (‘Alaqah) , with an area of 350 m², due to its conflict with the street, in exchange for adding a part of the government land located in the southwestern direction of the mosque with an area of 1300 m² as compensation for the part that falls within the street’s right-of-way... etc.” This matter concluded with the decision of the Sub-Committee for Endowments in the Riyadh Region, number (6/207/M/Q/R), dated 27-28/8/1418 AH, which recommended approval of the exchange of the aforementioned mosque land after obtaining Your Eminence’s approval.
I request your kindness in reviewing the approval of what the Council deemed appropriate and providing the necessary information to complete the required procedures. The Permanent Committee also reviewed the decision of the Sub-Committee for Endowments, which stated: The Sub-Committee for Endowments in the Riyadh Region has reviewed the request of the al-Zulfi Municipality, detailed as follows: 1- The al-Zulfi Municipality, in letter number (168) dated 28/3/1417 AH, addressed to the Director of Endowments and Mosques of al-Zulfi Province, requested the expropriation of a part of the mosque located east of the garden (‘Alaqah) , with an area of 350 m², because it conflicts with the continuity of the street, which is 30 m² wide, to connect it to the main street of the district. 2- In exchange, a part of the government land located in the southwestern area of the mosque, with an area of approximately 1300 m², will be added as compensation for the part that falls within the street’s right-of-way. Additionally, annexes for the mosque, including housing for the imam and the mu’adhdhin, with an area of 638 m², will be added. 3- The part of the mosque falling within the street’s right-of-way will not be demolished unless the mosque is rebuilt by the Ministry. 4- When the matter was presented to the Honorable Head of the Court of al-Zulfi Province,
his Honor stated that if there is a stronger benefit returning to the mosque, there is no objection. 5- The Director of Endowments in al-Zulfi stated that there is a stronger benefit for the mosque by adding 1300 m² as compensation for the part that falls within the street’s right-of-way, as well as adding annexes to the mosque for the housing of the imam and the mu’adhdhin with an area of 638 m². 6- When the matter was presented to the Honorable Legal Member, he responded in letter number (10) dated 17/6/1418 AH, stating that he sees it best to leave the mosque as it is, to preserve it and out of respect. He said in (Kashsha’ al-Qina‘) in the chapter on (Selling or Exchanging Endowments): “It is not valid to sell it, give it as a gift, or exchange it—meaning replace it—even with something better; based on the text of the aforementioned hadith.” The hadith referred to is the saying of the Prophet (peace and blessings be upon him):
Their original endowment is not to be sold, given as a gift, or inherited
لا يباع أصلها ولا توهب ولا تورث7- The mosque land is owned by the Ministry by deed (154/3) dated 19/8/1404 AH. After reviewing the matter and exchanging opinions, the Council decided to approve the exchange after obtaining the approval of His Eminence the Grand Mufti of the Kingdom, and then to submit the necessary decision with the complete file to the Supreme Council for Endowments, in accordance with the requirements of the first paragraph of Article Six of the System of the Supreme Council for Endowments.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.