A mutawalli’s grave made on part of the mosque

Question

An old mosque, more than about two hundred years old, whose plan is given below. Outside the courtyard of the said mosque is the tomb of a pious elder. As shown below: enclosure wall [on three sides?], south, raised platform. More than a hundred years ago a pious man, with the agreement of the ordinary Muslims, became the imam and mutawalli (trustee) of the said mosque. Under his management he changed the mosque from three-bayed to five-bayed.

Answer

Since the advice and opinion of the mosque’s imam has been made necessary for any construction work relating to the mosque, and this has the standing of a settled matter, carrying out the said act of disposal (tasarruf) was contrary to the condition.

Source: Fatawa Mahmudiyya

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