Setting Up a School on Mosque Land

Question

(1) A government Urdu school has been set up in the land and building endowed as waqf for a madrasa and a mosque, because of which the madrasa and the mosque suffer a loss of income. So what is being asked is this: in a building that was constructed for religious education, a few people had a government Urdu school established; these people neither vacate the building nor give up the government school. What is the ruling of the Shari‘a regarding this? (2)

Answer

In such a case it is obligatory (lazim) to have these people vacate the building, to recover the past rent, and to adopt the course by which the mosque and the madrasa do not suffer loss; and it is necessary to fulfil the good purpose for which that land was bought. It is not correct to set up a school on this land. (2)

Source: Fatawa Mahmudiyya

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