Demolishing the old mosque and establishing a public library in its place
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Fatwa number ( 50 )
Q: Is it permissible in Islamic law to demolish an existing old mosque
to build a public library in its place? And if that is possible in Islamic law, is it permissible to take compensation for the mosque's location, or is the choice left to those in charge of the mosque to accept a new mosque in another location?
A: It is not permissible to demolish an existing mosque, even if it is old, merely to build a public library in its place. In fact, it is not permissible to build a public library in its place even if the mosque has been demolished. Rather, it is obligatory to restore it if it is old, and to build a mosque in its place if it has been demolished, even if this requires selling part of it to repair the rest. This is because the principle regarding an endowment (waqf) is that it is not to be sold, given away, or inherited. This is based on the saying of the Prophet (peace and blessings be upon him) to 'Umar ibn al-Khattab when he expressed his desire to give his property in Khaybar in charity:Sahih al-Bukhari 2764 This was a general clarification regarding every endowment. The scholars have made an exception to this in cases where its benefits become useless, or if moving it to another location would be more desirable, yield more benefit, and be better for it. In such cases, it is permissible to sell it or exchange it for another location for that purpose, in order to preserve the benefit or increase it.
It is reported that 'Umar ibn al-Khattab wrote to Sa'd ibn Abi Waqqas (may Allah be pleased with them both) when he learned that he had tunneled into the treasury of public funds in Kufah: "Move the mosque in al-Tammarin and place the treasury in the qiblah of the mosque, for there will always be a worshipper in the mosque." This was done with the knowledge of the Companions, and no disagreement was apparent, so it became a consensus (ijma'). This is because doing so preserves the endowment in its meaning when it is impossible to preserve it in its form, provided that the sale or exchange, in the case of permissibility, is carried out by the Shari'ah judge or his deputy, as a precaution for the endowment and to protect it from manipulation. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Is it permissible in Islamic law to demolish an existing old mosque
to build a public library in its place? And if that is possible in Islamic law, is it permissible to take compensation for the mosque's location, or is the choice left to those in charge of the mosque to accept a new mosque in another location?
A: It is not permissible to demolish an existing mosque, even if it is old, merely to build a public library in its place. In fact, it is not permissible to build a public library in its place even if the mosque has been demolished. Rather, it is obligatory to restore it if it is old, and to build a mosque in its place if it has been demolished, even if this requires selling part of it to repair the rest. This is because the principle regarding an endowment (waqf) is that it is not to be sold, given away, or inherited. This is based on the saying of the Prophet (peace and blessings be upon him) to 'Umar ibn al-Khattab when he expressed his desire to give his property in Khaybar in charity:
Give it in charity (i.e. as an endowment) with its land and trees on the condition that the land and trees will neither be sold nor given as a present, nor bequeathed, but the fruits are to be spent in charity.
تصدق بأصله، لا يباع ولا يوهب ولا يورث، ولكن ينفق ثمرهIt is reported that 'Umar ibn al-Khattab wrote to Sa'd ibn Abi Waqqas (may Allah be pleased with them both) when he learned that he had tunneled into the treasury of public funds in Kufah: "Move the mosque in al-Tammarin and place the treasury in the qiblah of the mosque, for there will always be a worshipper in the mosque." This was done with the knowledge of the Companions, and no disagreement was apparent, so it became a consensus (ijma'). This is because doing so preserves the endowment in its meaning when it is impossible to preserve it in its form, provided that the sale or exchange, in the case of permissibility, is carried out by the Shari'ah judge or his deputy, as a precaution for the endowment and to protect it from manipulation. 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.