To Whom Does a Building Put Up on Mosque Land Belong?

Question

Some land owned and possessed by a mosque had been lying unused for years. Part of it was with people on rent, and the amount of rent was very small. Some people built structures on it and also stopped paying rent. In this way, by taking possession of the land, they wanted to become its owners. Seeing this, the mosque committee announced the sale of the land and said: either pay the price of the land or take the price of your house.

Answer

Land that has already become waqf for a mosque may not be sold according to the Shari‘a — unless it is seized by usurpation (ghasb) so that its very status as waqf comes to an end; in such a case, out of necessity, its price should be recovered and other property bought for the mosque. In the present case there are three options.

Source: Fatawa Mahmudiyya

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