Building on a mosque
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Fatwa No. ( 5173 )
Praise be to Allah, and may peace and blessings be upon His Messenger, his family, and his Companions. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed the question submitted by His Excellency the Minister of Hajj and Endowments to His Eminence the Grand President , which was referred to the Committee under number 2100 on 5/11/1402 AH. The text of the question is: Citizen Abdullah Saleh states in his letter to us dated 20/4/1402 AH that the Al-Ikhwa Al-Islami Mosque in Jeddah, south of the Ibn Laden shops, has a house above it in which his family resides. He believes that it is not permissible to have a residence above a mosque. What is the ruling of the Shari'ah in this matter?
And it responded with the following: If a mosque is built as an independent structure, its roof and whatever is above it are considered part of it and subject to its ruling—so it is not permissible for anyone to build a residence on top of it. However, if the mosque is an addition to an existing residence, such as if the lower floor of a multi-story building is renovated and modified to serve as a mosque, it is permissible to keep the floors above it as residences, because their ownership predates the conversion of the lower floor into a mosque; thus, what is above it is not considered part of the mosque.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Praise be to Allah, and may peace and blessings be upon His Messenger, his family, and his Companions. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed the question submitted by His Excellency the Minister of Hajj and Endowments to His Eminence the Grand President , which was referred to the Committee under number 2100 on 5/11/1402 AH. The text of the question is: Citizen Abdullah Saleh states in his letter to us dated 20/4/1402 AH that the Al-Ikhwa Al-Islami Mosque in Jeddah, south of the Ibn Laden shops, has a house above it in which his family resides. He believes that it is not permissible to have a residence above a mosque. What is the ruling of the Shari'ah in this matter?
And it responded with the following: If a mosque is built as an independent structure, its roof and whatever is above it are considered part of it and subject to its ruling—so it is not permissible for anyone to build a residence on top of it. However, if the mosque is an addition to an existing residence, such as if the lower floor of a multi-story building is renovated and modified to serve as a mosque, it is permissible to keep the floors above it as residences, because their ownership predates the conversion of the lower floor into a mosque; thus, what is above it is not considered part of the mosque.
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.