Why Can’t Mosques Be Relocated Or Deconsecrated And Sold In Certain Situations As Churches Are?
By
Sultan Shahin, Founding Editor, New Age Islam
4 June 2022
While
Christians have found it possible to deconsecrate, decommission or repurpose
their vacant, unused churches, despite a continuing debate on the issue,
Muslims have been traditionally very rigid on keeping a mosque a mosque no
matter what.
Hundreds of
mosques in our part of Punjab, for instance, are lying unused or taken over by
local people for decades since most Muslims of the area left for Pakistan after
Partition in 1947. Some mosques have been maintained by local Sikh populations;
one was recently rebuilt by local Sikhs, even though there are few Muslims
there. They did so as a goodwill gesture to local Muslims and also to remind
themselves of the times when Guru Nanak had prayed there. However, hundreds of
mosques are lying vacant or plundered and occupied by locals for different
purposes. But Muslims do not find it possible to sell those plots and use the
money for other community purposes.
Another
issue is: can a mosque be relocated for widening of road or for other reasons.
The issue came up in news headlines when the Vishwa Hindu Parishad offered to
relocate the Babri masjid, brick by brick, in a different place in Ayodhya. Of
course, Muslims refused and the mosque was eventually demolished in 1992.
Why do
Muslims take such an irrational attitude towards mosques to the detriment of
the community? One argument is that once we start praying in a mosque the
proprietorship of that land is transferred to God and only He can sell it or
decide to relocate it. This amounts to saying that the land did not belong to
God earlier. But who can argue with classical theologians who passed away
hundreds of years ago, destroying all vestiges of rational thinking from Muslim
scholars. Yes, there were rationalist thinkers among Muslim scholars. Briefly,
during early 9th century CE they even got support of the Caliphs, but all their
writings were destroyed and we now learn about their ideas only from the
literature created to criticise them. By the way, this is exactly what happened
in India to rationalist and materialist Charvaka or Brhaspatya philosophy. We learn about Charvaka’s ideas only from
hostile refutations of his ideas, just as we learn about rationalist Muslim
Mu‘tazilites from their criticism by established traditional theologians.
The 100
years old mosque in village Hedon Bet, Machhiwara Tehsil in Ludhiana still
stands tall, despite zero Muslim population in the village. The Mosque that was
built in 1920 lies abandoned for want of worshipers. Thanks to village elders
the mosque has not been demolished or being encroached upon by the land
grabbers. The elders of the village refuse to let anyone demolish it as they
believe it’s a house of God. Image
Courtesy: Muslim Mirror
----
Why are
Muslims so adamant not to rethink their positions on the issue of
decommissioning mosques as Christians deconsecrate churches and sell them when
required by circumstances? To understand this, we have to study the theology of
consensus behind this issue. Let me quote from the highest juristic authorities
in Islam:
In their
writings, Islamic juristic authorities like Ibn Hajar Asqalani, Ibn Qudamah,
Imam Nawawi, and Zafar Ahmad Uthmani have all stated the following:
“It is
ruled that if a person dedicates his land to a mosque, it will pass from his
property to Allah Almighty's. Once established, a mosque cannot be bought,
sold, or given as a gift. It is likewise forbidden to inherit a mosque……. The
Quran, Hadith, consensus (ijma’), and analogy (Qiyas) are all used to establish
Waqf. From the time of the Holy Prophet (peace be upon him) till now, the Ummah
has followed this norm. The creatures have no legal right to use a mosque for
anything other than worship. As a result, if the property is set aside for a
mosque and a mosque is constructed on it, it will remain a mosque until the Day
of Resurrection.”
Sources:
(1. Zafar
Ahmad Uthmani (d. 1394/1974), I’la
al-Sunan Tahanawi, 13/98, printed in Idaratul Quran
(2. Ibn
Hajar Asqalani, Fathul Baari, 5/404, printed in Dar al-Nashr Lil Kutub
al-Islamiyya/
(3. Imam
Nawawi, Commentary on Sahih Muslim, 11/86, printed in Idaratul Quran
(4. Ibn
Qudamah, al-Mughni, 8/186, printed in al-Riyad Daaru Aalam al-Kutub)
---
The
Encyclopaedia of Islamic Jurisprudence, (popularly known as Kuwaiti Fiqh
Encyclopaedia, as it was assembled in Kuwait by a group of scholars from
several schools of thought in an endeavour spanning half a century and running
into 45 volumes, completed in 2018), says:
“According
to the majority of jurists, it is not permissible to relocate any mosque…..The
jurists of the Shafi’i school of thought state that If a mosque collapses and
it is impossible to rebuild it, it will not be sold under any circumstances, as
it is currently possible to offer prayers in it……..The vast majority of jurists
believe that selling a mosque is forbidden. According to the Hanafis, if a
person converts his land into a mosque and meets all of the requirements for
his Waqf to be valid, he cannot take it back, sell it, or inherit
it...According to Maliki jurists, it is not permissible to sell a mosque under
any circumstances, whether it is vacant or not. It is against the law to sell
or demolish a mosque. It is also illegal to sell the ruins of a mosque…..Tafsir
Qurtubi says that it is not permissible to demolish a mosque, sell it or
suspend it even if the neighbourhood is deserted…..” (Encyclopaedia of
Islamic Jurisprudence, vol.37, p.262-266)
Fatawa
Razviyya says:
“It is absolutely forbidden (haram) to relocate a mosque and construct a
road or a house on its property, even if a golden mosque is constructed in its
place.” (Imam Ahmad Raza Barelvi, Fatawa Razviyya, vol.6, p.385)
Fatawa
Qazi Khan says the
following:
“The mosque is only the name of the land which is devoted to prayers.
Even if a person turns his vacant land into a mosque, it will become a mosque.
Respect for the mosque will be obligatory for him”. (Cited in Fatawa
Razviyya, vol.6, p.390)
After
quoting various traditional statements about the impermissibility of mosque
relocation, Mufti-e-Azam-e-Hind Allama Mustafa Raza Khan Barelvi writes
in his fatwa:
“The mosque will always be a mosque, and its Masjidiyat will
never vanish. The martyrdom of a masjid does not invalidate its Masjidiyat.”
(Fatawa Mufti-e-Azam-e-Hind, vol.3, p.177)
Mufti
Nizamuddin from Darul Ulum Jamda Shahi, UP Basti, says,
“The land
that became a mosque will now remain a mosque forever. It would be a tremendous injustice to it if it
were to be martyred and abandoned. Allah Almighty says in the Quran:
“Who does more wrong than those who prevent
Allah’s Name from being mentioned in His places of worship (Masajid), and [than
those who] strive to destroy them? Such people have no right to enter these
places except for fear. For them is disgrace in this world, and they will
suffer a tremendous punishment in the Hereafter.” (2:114)”
Source:
https://masailworld.com/masjid-ko-doosari-jagah-muntaqil-karna/
---
A recent
fatwa quoted below, however, gives hope that some Muftis have probably started
rethinking these issues.
---
Is it
permissible to move a mosque to a different location?
(English
Translation from original Urdu by New Age Islam Edit Desk)
Questioner:
Irtiza Ahmed, Srinagar, Kashmir
Answered by:
Mufti Abdul Qayyum Hazarawi, Sufi Sunni Muslim, posted on Fatwaonline,
Minhajul Quran run by Dr Tahirul Qadri:
Questioner:
Assalam Alaikum, Mufti Sahib! We purchased a residential area in order to
construct a mosque. We temporarily began offering Adhan and prayers five times
a day in the same building. However, we have not yet begun Friday prayers. Our
administration has decided to sell this mosque and construct a new mosque
somewhere. Is this permissible to do so?
Answer:
You can
sell this building if you desire to relocate the mosque to a larger and better
location.
The Imam of
Hanafi jurisprudence, Hazrat Ibn Abidin Shami (may Allah have mercy on
him) says:
“The door of a mosque can be
changed by the [Muslim] residents of the area. The Fatawa volumes 'Fatawa
Khaaniyya' and 'Jamiul Fatawa' both suggest that the inhabitants of
the area can move the mosque from one location to another, even if they leave
it in a position where no prayers are offered. They can also sell the old
mosque, whose founder is unknown, and use the earnings to build a new mosque.”
(Ibn Abidin Shami, Raddul Muhtar, 4/357, Beirut, printed by Darul Fikr)
This
shows the principle that, in the event of a need, the administration may
relocate the mosque.
Imam
Zainuddin Ibn Nujaim
(may Allah have mercy on him) said:
“If the pool or mosque becomes desolate and people scatter, the judge
(court) has the authority to spend the Awqaaf (endowments such as land,
estates, gardens, shops, apartments, and money) on another mosque. If one of
the two mosques becomes desolate in any location, the Qazi (court) has the
authority to use its wood (and other resources) in the construction of another
mosque.”
(Imam
Zainuddin Ibn Nujaim, al-Bhar al-Raaiq, 5/273, Bairut, Darul Maarifa, /
Abdur Rahman b. Muhammad, Majmaul Anhur Fi Sharhi Multaqal Abhur, 2/595,
Bairut, Lebanon, Darul Kutub al-Ilmiyyah)
In this
regard, Imam Ibn 'Abidin and other jurists have elaborated:
“According to Imam Abu Yusuf (may Allah have compassion on him),
if the mosque and its surrounds became deserted and people migrated here and
there, it would not return to the property of the one who originally dedicated
it. As a result, the remains will be sold with the judge's permission,
with the revenues going toward the construction of a new mosque.”
(Ibn
Abidin Shami, Raddul Muhtar, 4/359 (Marghinani, al-Hidaya Sharhul Bidaya,
3/20, al-Maktaba al-Islamiyyah (Ibn al-Humam, Sharh Fathul Qadeer, 6/236,
Bairut, Darul Fikr/ (Zailai’, Tabyeenul Haqaiaq, 3/330, Cairo, Darul Kutub
al-Islami)
The
majority of jurists have not only agreed with Allama Halwani's opinion
but also quoted it:
When Shams-ul-Aimma Al-Halwani was asked: Is it permissible for
the qaazi or judge to spend the mosque's endowments on a new mosque if the
existing mosque or pool becomes unused and the region's population disperses
and no longer need it? He replied affirmatively.
(Ibn
Abidin Shami, Raddul Muhtar, 4/359/ Al-Sheikh Nizam and a group of Indian
Jurists, Fatawa Hindiyyah, 4/478, Bairut, Darul Fikr)
Allama
Shami further says,
When [unused] mosques and pools are not relocated, their debris is
seized by thieves and occupying gangs, as we have witnessed in our times. The
organisers, for example, illegally occupy such endowments (land, estates,
gardens, stores, and money). As a result of the failure to relocate the
endowments, the other mosque, which requires such endowments, is also left
desolate.
Ibn
Abidin Shami, Raddul Muhtar, 4/360, widely considered as the central reference for fatwa in the
Hanafi Madhhab:
According to the above-mentioned arguments, any alteration in the
structure of the mosque that does not conflict with the purposes of the mosque
is acceptable. Such challenges are being addressed in light of current demands
and circumstances, with the ultimate goal of providing the finest opportunity
for the propagation of Islam.
(English
Translation from original Urdu)
Source: https://www.thefatwa.com/urdu/questionID/4895
I can only
hope that this trend towards rationalism continues and Muslim ulema of today
help evolve a theology in all its aspects that is more suited to the times we
live in and takes into account the new circumstances that keep emerging all the
time.
URL: https://newageislam.com/the-war-within-islam/mosques-relocated-deconsecrated-churches/d/127166
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