A Shop Below and a Mosque Above

Question

Zayd wishes to build a mosque on the upper part of his shop, and he made waqf of only that part. Regarding this it has become known that as long as both parts, upper and lower, are not designated for the mosque, it will not be a mosque in the Shar‘i sense: although prayer and congregational prayer will be valid there, it will not be a permanent mosque.

Answer

Whatever portion of land is made a mosque in the Shar‘i sense — that is, designated and set apart for prayer — becomes a mosque in its entirety, above and below (from the earth to the Pleiades), in such a way that the right of the servant (human right) is cut off from it.

Source: Fatawa Mahmudiyya

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