Demolishing the Walls of an Eidgah and Building a Road Through It

Question

In the small town of Sopore in Kashmir there is an Eidgah (ground for the Eid prayer) that is several hundred years old. It is quite spacious in length and breadth and is enclosed on all four sides by a solid masonry wall six feet high. However, due to the large population this place has become too cramped for the prayer of the two Eids, and for this reason a new Eidgah was chosen two years ago, and for two years now the prayer has been performed in the new Eidgah outside the town.

Answer

In an Eidgah that has been endowed as waqf for an Eidgah, such disposal is not permitted: [ar]لأن شرط الواقف كنص الشارع[/ar] “For the stipulation of the waqif (endower) is like the text of the Lawgiver.” However, they may perform the five daily prayers and the Jumu‘a prayer in it.

Source: Fatawa Mahmudiyya

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