Building a mosque on the madrasa’s land as one of its needs

Question

A person made a property waqf for a madrasa; on part of that property the madrasa building has been built, and a plot of land was kept so that it may be given on lease (ijara) and the kharaj (land tax) of the whole property be paid from the proceeds; the mutawalli (trustee) will arrange the kharaj. It should also be clear that in the madrasa there is provision for praying in congregation, but there is no mosque in the Shar‘i sense.

Answer

If there is no other mosque nearby in which the people of the madrasa can perform the prayer, or there is a mosque but it is cramped so that not everyone can fit in it, or going there to pray causes the madrasa’s interests to be lost — for example, there is a considerable loss of time, or the madrasa is left unprotected, and so on — then building a mosque on the madrasa’s land…

Source: Fatawa Mahmudiyya

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