Disposing of Land Set Aside with the Intention of a Mosque

Question

A new settlement has been built here, and in it a plot of land has been left for building a mosque. It has not yet been made waqf, nor have the foundations of the mosque and the like been laid. This land was left by a Hindu village land-records clerk. Now this clerk wants to transfer half of this land, or less, into the name of a certain respected religious scholar, and he also wants the mosque that is to be built to be run under his charge.

Answer

Although no mosque has yet been built there and this land has not been made waqf either, nevertheless, since the sanction for the land was obtained for a mosque, it should not afterwards be transferred into anyone else’s name.

Source: Fatawa Mahmudiyya

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