He Built a House on More Land Than He Bought

Question

(1) Yasin took the mosque’s land on rent to build a house, and what he did was build the house on more land than he had taken. Was this act of Yasin’s permissible or not? (2) Yasin sold this house to the people of the Anjuman-i Islamiyya (Islamic Society) and went away to Pakistan. The people of the Anjuman-i Islamiyya Inter College are saying that the (mosque’s) land outside this house is also ours. In this connection two things need to be ascertained: (a)

Answer

(1) It was impermissible. (2) If the matter is as stated, then (a) they should give that excess land to the mosque, or fix a rent for it too, just as Yasin took on rent from the mosque; (b) they have no right to seize it — this would be usurpation (ghasb), which is a major sin, and having it restored will be necessary. (3)

Source: Fatawa Mahmudiyya

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