Reading salah in a property owned by mortgage

Fatwa ID: 02594

Answered by: Maulana Jamal Ahmed

Question

AsalamuAlaikum,
I would like to know is it allowed or prohibited to pray at Musallah which is :

1- a property of a brother owned through a mortgage.
2- The property basement is provided for this purpose only.
3- Owner of a property owner thinks that he will get 
reward/shawab-e-jaria for this provided place.
4- Is it permissible to consider the place as Musallah which is considered as Masjid by Locals.
5- The property area so-called Musallah have 3 Committee member who is responsible for arranging Imam and Jumma Prayer and other deen works. Is it not committee management to provide information on the status of the place to the community who have no idea of the status of the place(Musallah).
6- Management committee thinks that as it 
is khidmat of the owner so a person should respect his contribution as musallah and avoid Fiqh rule/jurisdiction.
7- What can be the best solution for the Owner and the committee management of the
m us
allah to solve the issue without disrupting the public belief.
8- Can the place be rented along with the electricity bill to solve the fiqh issue if it is under that.
9- What will best for us of the prayer if performed at that place.

Make Note the place is in this status for 10 years and this is recently coming to know by a straight talk with the owner of the place.

Kindly educate and provide fiqh I guideline from Hanafi school and other schools of thoughts to convince them to legalize the place from the Islamic point of way.

Answer

In principle to buy a property for the purpose of a masjid on a mortgage or to spend haram wealth on masjid, even though he has no intention of reward, it will not be allowed.  (Kitabunnawazil of Mansur puri, vol.11, pg. 386/399, al markaz al ilmilinnashri wat tahqiq. Apka masail awr un ka hal, vol.7, pg. 322, Maktabah ludhyanawi)

If the property is already bought on a mortgage then it will be allowed for the owner to facilitate for the people to offer their salah in that place.  Follow the link for more information: http://daruliftabirmingham.co.uk/what-is-the-ruling-on-mortgage/

If the person keeps the ownership of the property and just facilitates for the people to offer their daily salah with jama’ah, then the people will gain the reward of jama’ah although they will not get the full reward of reading in a mosque. However, if he withdraws his ownership and donates it for the purpose of salah, then all the rulings of a mosque will apply and they will get the full reward.   (Fatawa Rahimiyah, vol.9, pg. 80, Darul isha’at)

Only Allah knows best.

Written by Maulana Jamal Ahmed

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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