Praying in a mosque built on a land owned by the government and a tea plantation
19-8-2009 | IslamWeb
Question:
Assalamu alaikum. We the
undersigned have honour to state you that the Sonari Maszid is an oldest Maszid of Sonari town (Assam). but it is regretted to note that the Maszid building was built over a land measuring 6 katha which has not yet been alloted authentically in the name of Maszid Committee.The entire 6 katha land was originally owned by Govt. of Assam &Tiok Tea Estate (Ownership Non Muslim) as 4 katha & 2 katha respectively. Proper Maszid building is build over Govt & Tea Garden land.On the otherhand the Maszid committee still unfortunately has neither any ownership document non able to pay Govt. revenue against the said land so far. mufti Sahab now has there any religious signal or any complexity to worship Almighty Allah through Namaj & other Abadot in such Maszid placed over non owned land? On the other hand, can all Mumins able to obtain full benefit against their worship in such maszid ? And in such condition, is standing Maszid committee responsible for not doing needful any action to recovers the ownership documents from the Government and from Tiok Tea Estate. Hence in this regard, expecting an early response for greater interest, We would like to request you kind honour to provide us an Islamic Fotwa over the above stated issue at on early.
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
It is permissible for you to perform the prayers in this Masjid if the owner of this tea estate gave permission to build the Masjid on this land. As for the government, we previously clarified in Fatwa 92189 that it is permissible to build a Masjid on the land which is owned by the government, even without its permission, if this does not lead to any harm.
However, the committee of this Masjid should endeavour to officially register the Masjid, so that it would not be susceptible to demolition in the future. For further information, see the Fatwa mentioned above.