Legality of a Masjid on Open Space in a complex

Fatwa ID: 02218

Answered by Molana Eunus Ali

Question:

Assalamu Alaikum,

We are residents of a large Housing Complex in the Suburbs of Kolkata where we have built a temporary Masjid with the verbal permission from the Estate Management Committee and Salaah is being offered since last 3 years. Now, we have taken fresh permission for the renovation of the Masjid which has been granted with the condition that whenever a permanent Masjid will be built in or within walking distance of the complex, we will stop Salaah on the current Masjid and will not object to the removal of the structure. We have agreed and it's not likely that there will be any Masjid coming up nearby in near future though we are trying hard to purchase a land and build a Masjid.

We want to know if offering Salaah is permissible in the current temporary Masjid as some people are raising doubts that Salaah is not permissible in the current Masjid since the land has not been purchased.

Also, please guide us if we can have JumaSalaah and Taraweeh during Ramadan in this Masjid or not.

Jazak Allah Khair,
Wassalaam,
Zaid Sultan
On Behalf of Sukhobrishti Muslim Prayer Hall Managing Committee.

Answer:

Bismillah

It is narrated by Jabir bin `Abdullah raḍyAllāhu 'anhu (may Allāh be pleased with him):Allah's Messenger () said, "I have been given five things which were not given to any amongst the Prophets before me. These are: -1. Allah made me victorious by awe (by His frightening my enemies) for a distance of one month's journey. -2. The earth has been made for me a place for praying and a thing to perform Tayammum. Therefore my followers can pray wherever the time of a prayer is due. -3. The booty has been made Halal (lawful) for me (and was not made so for anyone else). -4. Every Prophet used to be sent to his nation exclusively but I have been sent to all mankind. -5. I have been given the right of intercession (on the Day of Resurrection.)[1]

From the above Hadith it is established that salah performed in any part of the earth will be valid provided there is no impurity there.[2]

However there are situations in which the salah will become disliked (makruh) and may possibly lead to losing the rewards of salah.

Hence it is disliked (makruh) to perform salah in the land or property of another without prior permission.[3]

In regards to you question: as you have attained permission from the Estate Management Committee any salah (including Jumuah and Taraweeh) performed therein will be valid.

Only Allah knows best

Written by Molana Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham


[1] Saheeh Bukhari: 438

[2]Fathul Bari, Volume 1, Page 515 & 624, Darul Hadith

[3] Raddul Muhtar, Volume 2, Page 44, Darul Kutubul Ilmiyyah

HashitutTahtawi, Page 358, QadimiKutubKhanah

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