Question Summary:
Building Masjid On An Encroached Land

Question Detail:

 
Can a Masjid be constructed on an encroached land, which belongs to a housing society partly and other part belongs to the Indian Goverment?
Can prayers be offered in such mosque and what will be the validitity of the prayers?
What should be done in order to regularize the Mosque, should the Trustees pay for the land or continue encroaching the land for the personal gain of the Trustees?

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
It is not permissible to encroach on someone else’s land. Such a land must be returned to its rightful owner.
A structure built on an encroached land with the intention of a Masjid will not be considered a Masjid.[1] This is so due to the fact that a Masjid must be fully Waqf (endowment) for Allāh Ta’ālā.[2] A structure that is encroached is still in the ownership of its rightful owners.
It is not permissible to perform Salāh on an encroached land, unless permission is granted by the owners. To perform Salāh on such a land without permission of the owners is Makrūh Tahrīmī (highly reprehensible).[3]
If the Trustees wish to convert this structure into a Masjid, they must buy out the land from the housing society and from the Government and give the land as Waqf for the Masjid. If this is not possible, then the land must be returned and a Masjid should be established at another location.
 
And Allah Ta’āla Knows Best
Abdul Azīm bin Abdur Rahman,
Student Darul Iftaa
U.S.A.
Checked and Approved by,
Mufti Ebrahim Desai.