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Question Summary:
There is a mosque in a small town. There is a need for the extention of the present masjid.

Question Detail:

There is a mosque in a small town. The muslim population has increased for the past years and now the total number of muslim houses arc 200. There is a need for the extention of the present masjid. The people living next to the musjid are non muslims and are not ready to sell their houses. After much discussion. they are quoting a price which is very high, The muslims of the locality have bought a piece of land very cheap about 20 metres front the present masiid. Is it permissible to construct a new masjid on this empty land and make maktab/madressah etc. in this old masiid?

Answer :

In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
Once a property has been classified as a Shar’i masjid, it will remain a masjid until the day of Qiyāmah. Therefore, it is not permissible to convert the masjid into a maktab/madressa. Even if a new masjid is built in the close vicinity of the old masjid, the old masjid will still remain a Shar’i masjid.
The community is experiencing difficulty with the neighbors of the masjid as they are being very uncooperative. They are not ready to sell their properties in order for you to expand the old masjid. They are also causing disturbance to the attendees by playing loud music at the time of adhān. In such situations, we encourage you to display your best character to these individuals and be kind to them. Show them the beauty of Islam and work towards winning their hearts. Majority of such incidents occur due to them being alienated from the teachings of Islam and consider it to be strange.  Inshallāh, by showing them the true teachings of Islam through our character, they will start respecting Islam and will stop their disturbance to the masjid.
Nevertheless, if a new masjid is built, it will be considered as a masjid and the salāt performed in it will also be valid, but the old building will still remain a Shari’ masjid. It cannot be sold, rented out, or turn into any other institute. It will have to remain a masjid. It is necessary upon the community not to become heedless of the right of that masjid (salāt with congregation, the funds collected for that masjid cannot be used for anything else besides the masjid, etc.)
May Allah make it easy upon the community and change the neighbors’ hearts to accept Islam and use them for the assistance of Dīn, Āmīn.
 ( ولو خرب ما حوله واستغني عنه يبقى مسجدا عند الإمام والثاني ) أبدا إلى قيام الساعة ( وبه يفتي ) حاوي القدسي ( وعاد إلى الملك ) أي ملك الباني أو ورثته ( عند محمد )...وفى رد المحتار: قوله : ولو خرب ما حوله ) أي ولو مع بقائه عامرا وكذا لو خرب وليس له ما يعمر به وقد استغنى الناس عنه لبناء مسجد آخر ( قوله : عند الإمام والثاني ) فلا يعود ميراثا ولا يجوز نقله ونقل ماله إلى مسجد آخر ، سواء كانوا يصلون فيه أو لا وهو الفتوى حاوي القدسي ، وأكثر المشايخ عليه مجتبى وهو الأوجه فتح  - رد المحتار (4/358) مصطفى البابي الحلبي
And Allah knows best
Ml. Ehzaz Ajmeri,
Student Darul Iftaa

Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah

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