Breaking Masjid Al Haram Property

 

Fatwa ID: 03491

Answered by:  Alimah Nasima Umm Hamza

 

Question 

 

Mufti saheb, I need to ask you a question.  

I am in Umrah at the moment. In the Haram there are chairs. Someone was sitting on a chair and for some reason, the chair broke. The person wasn't doing anything irresponsible nor did he intentionally break it. 

 

 

بسم الله الرحمن الرحيم 

 

In The Name Of Allah, The Most Gracious, The Most-Merciful 

 

 

Answer: 

 

A person is liable for any damage they cause, whether it was intentional or not. This means that they will be liable for the damage to the chair.  

 

There is a jurisprudence principle (qawaidah fiqhiyyah) which explains this: 

 

المُباشِرُ ضامِنٌ وَإِن لَم يَتَعَمَّدْ 

"The one that did the action directly will be held responsible even though he did not do it deliberately.”1 

 

 

It is advisable that you contact the masjid management and arrange some form of compensation payment. If the mosque decides to forgive you for the damage, then that is also their choice.  

 

 

Only Allah knows best 

 

Written by Aalimah Nasima Umm Hamza 

Checked and approved by Mufti Mohammed Tosir Miah 

Darul Ifta Birmingham 

 

 


1 Al-Qawaid al-Fiqhiyyah Ma’a Sharh al-Mujaz, Page 103 

 

Comments are closed.