Taking the Mosque Courtyard for a Madrasa

Question

A piece of land has been lying unused for a very long time; the administrator of a madrasa had acquired it to build an Arabic madrasa. The administrator did not build the madrasa but rented the land out, and instead built the madrasa by taking possession of the courtyard and the main gate of the Congregational Mosque (congregational mosque). Is this disposal, and also leading the funeral prayer (janaza) there, permissible or not?

Answer

If that courtyard is a waqf for the mosque, then taking possession of it, building a madrasa there and declaring it the property of the madrasa is not permissible; rather, this is usurpation (ghasb) and oppression.

Source: Fatawa Mahmudiyya

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