Fatwa ID: 02136
Answered by Mufti Mohammed Tosir Miah
Concern with the Masjid refurbishment work
A Masjid is a sanctified area. A place which has been permanently dedicated to Allah for the sake of prayer, recitation of the Holy Quran and his remembrance. Once a Masjid is erected, it will always be a masjid. It cannot return to the property of the community. (Raddul Muhtar p.371 v.3 & Tahtawi p.172 v.4)
The areas above and below the masjid are considered to be part of the masjid (Fatawa Mahmoodiyah p.162 v.18), therefore it is not permissible to build a shop, or rooms or toilets above or below the masjid.
It should be borne in mind that this ruling only applies after the area has become a masjid. Before a masjid is made, it will be permissible to exclude areas above or below if it is for the benefit of the masjid, for example designating an ablution area for the musalles and building a library. (Fatawa Mahmoodiyah p.229 v.17)
However, with regards to making toilets and rooms for the Imam and his family to reside either above or below the masjid will not be allowed, even during the masjids initial design since it is impermissible to have sexual relations, relieve oneself etc above or below the masjid. (Hidayah p.144 v.1 & Fatawa Mahmoodiyah p.218 v.18)
After observing the diagrams you emailed to me I will Insha Allah now look at your questions one by one.
Question No. 1 – Is the current location of the toilets not permissible in relation to where it was and where it has moved to?
Answer: The current location of the toilets is permissible.
Question No. 2 – Is the current location of the toilets ghair Afzal in relation to where it was and where it has moved to?
Answer: The current location of the toilets is not considered to be Ghair Afzal (disliked)
Question No. 3 – In light of the objection from the Imam, would you advise the committee to break the new wudhu and toilet area and re-build?
Answer: Wudhu areas and in particular the toilets should be made is such a place where the smell does not cause any inconveniences to the Musalles and nor does the smell comes into the Masjid as this will be against the respect of the mosque. (Fatawa Mahmoodiyah p.214 v.6)
Regarding your question, my humble opinion will be as the proposed wudhu area and toilets are not considered to be unlawful or breaking any laws of the Shariah, it will be best that you do not break the new wudhu area and re-build as you will be wasting public Waqf money.
Question No. 4 – Is it permissible to have a shower on the other side of the Masjid, as shown in the plans?
Answer: There is nothing wrong in having the shower on the other side of the Masjid, however, you should make sure that the shower arm and the shower head are not towards the direction of the Qiblah so that one can refrain from facing towards the Qiblah in a naked state. (See Durre Mandhuud)
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham.