Laws pertaining to the Musjid

Musjid-e-kabeer

Q: Your answer below refers:

A Musjid-e-kabeer is a Musjid which is 334,451 square metres or more.

Question : Will the musjid still be considered Musjid -e-Kabeer if the total musjid area is example 400 square meters, however spread out over four floors of 100 square meters each floor.

Is the Isipingo Beach Musjid a Musjid-e-kabeer?

Q: Isipingo Beach Jaami' Musjid has the following measurements. Please advise if it is a Musjid-ul-Kabir or Musjid-us-Saghir.

1. 369,93 square metres. This includes the Musjid and the Sahen area. It excludes the gallery upstairs and it excludes the wudhu khana which is designated as Musjid area.

2. 295,14 square metres. This is the musjid area only. It excludes the sahen, the gallery upstairs and the wudhu khana designated as musjid area.

Muslim organisation purchasing a building for Da'wah purposes

Q: A Muslim Association is hoping to purchasing a building for dawah; with a view to run a madrasah, a welfare centre and also a salaah room (musjid) therein. The property is intended to be an endowment (waqf), eventually. However, we have no funds to pay for this building, as yet. A couple of brothers have offered to buy the building (using their own money) and give it to the Association on favourable rent, until the Association is able to collect the necessary funds and pay for the building, outright. In order to save on the property registry costs, the financiers have agreed that the building can be registered in the Association's name at the first purchase while they will retain the ownership through a private agreement that if the Association failed to raise the funds and buy it within a ten years period, the Association will have to sell the property and the proceeds will go to the brothers who paid for it. But hopefully the Association will be able to raise charity funds and pay for the building, the private agreement will come to an end and the Association will declare the property a charitable endowment. They also agree to sell half the building ownership to the Association on half the payment and proportional ownership for proportional capital in the building at anytime during the ten years. However, some brothers are disputing this arrangement and feel that the official registration will make the Association the owner, despite the price being paid by two private individuals. They say that any rent paid by the Association will in fact be 'interest' on the 'loan'. They are asking the brothers to give their money as a goodly loan with no return for the ten years but the financiers are unable to do this. Please clarify the following points in the light of shariah;

1. Is a partnership between a charity Association and private individuals impermissible in shariah?

2. Does the registry document make the ownership in shariah or it belongs to whoever has paid for the property?

3. Does a building become a charity endowment (waqf) on the basis of a 'future' intention, even before it has been bought or while it is in private ownership or shared private ownership?

4. Will any rent or partial rent paid to the private individuals (for their share in ownership) be 'halal' rent or 'haram' interest?

5. Is it permissible to setup a masjid room in a rented or in a shared ownership premises?

6. Is it excusable to embarrass someone with a request for goodly loan after they have made an investment proposal (seeking a modest return, almost half the income their capital is currently providing)?

Please clarify these points in detail as any remaining confusion will cause us difficulty. Kindly suggest any ways to overcome any mistakes commonly made in such partnerships. If it is permissible to raise finance through private partnership, as described above, we will be able to buy this property and receive the future goodness, inshaAllah. However, if it is not permissible, through your help, Allah Subhanahu will protect us from being sinful. Jazakumullaho Khaira.

Dispute with the Musjid commity regarding the Musjid boundary

Q: We have an issue at home, we have a property of Musjid shareef (shops and darsgah) on one side of our house. At that time they put windows and part of roof in our land, now we have construct a house and we completed the ground floor and we are constructing the second floor. At the second floor we have maintained the space of 3 feet as per their roof. But they are saying you have not maintained that gap right from ground floor. So suggest us if we will should give them compensation for the land which comes under our house at ground floor (which they are saying that it belongs to them and we are saying it is ours). Please advise us according to Qur'an and Sunnah.