building

Consideration when constructing a Musjid

Q: I am in a society where almost 90% are Muslims. The builder has used full FSI. My neighbor has a garden space which can be used as garden. No construction is possible there legally, but my neighbour constructed only ground floor with tin roof 3 years ago. Last year, he made his mind to build double storey (Ground+1) masjid although we have five masjids in the Radiohead of one kilometre. The masjid never gets filled except on jumma or in Ramzan. So the construction of double storey masjid (Ground+1) was not necessary.

My flat is at 3rd floor, and the Ground + 1 masjid will not pose me any difficulty, so I didn't objected. As the construction was going on they changed their plan and constructed Ground+2 floors. I objected and put an application in the society office to stop the construction due to which my personal privacy is affected and the outside view as well as the chances of robbery will affect us badly as the masjid is (which is not still waqf(not dedicated to the Muslim Ummah)) an inch away from my window. We tried to settle the matter amicably but they didn't act as per settled matter. But they were trying to buy the time. I was compelled by the circumstances to register my complaint with the Municipal Corporation authorities. They came to the site visit and issued stop construction notice, but the owner refused to accept it . They pasted it on the wall and took photographs of the illegal structure. They have replied me that they have no available police protection to demolish the above mentioned masjid. Since last year I'm not pursuing the matter with the authorities in a hope to prevail the good sense to the defaulter to settle the case and to protect our concern.

I request you that the defaulter who was society chairman entrusted to stop any illegal construction activity or anything adverse as per society laws but he compromised with his position and he himself broke the law and as our neighbour he posed us in a very awkward position and played with our privacy.

I request you to suggest us is it legal to break the rule of the land and construct masjid when it's need is not necessary? Can masjid be built which pose lot of hindrance to its neighbour just like me and expose my flat to thief's for robbery without any hardship? Is the defaulter right or are we on the fault to fight for our rights against oppressor? Your valuable decision is awaited. I request you to please give the references and fatwa if any pertaining to whatever decisions you take.

Building a structure around a grave

Q: My father had passed away almost a month ago. I am living abroad that is why I was late by two days for janaza due to delayed flights. My family kept him in mortuary. He was a patient of heart and blood cancer. My mom was worried that this is too long for him to be in the mortuary and probably body will start deteriorate by the time I will get there. But when I went back, he was as fresh as he was sleeping. I did the janaza ghusal by myself and my younger brother. Everyone was very astonished that even after two days, he was looking as if he is sleeping keeping in mind the issue of cancer and other diseases he had. We did the janaza and came back.

I and my brother wanted to give his grave a two tier boundary so the land will become solid as it is looking unstable and uneven from the outside. We want to put marbles boundaries or in other words making its structure boundary solid. Once I remember he said for someone else that he do not like a tomb on graves.

I dreamt that we are again taking him home from mortuary with my same friend and van. But this time his body fell apart in pieces, his hand came off and his upper body and lower body came apart. we put him like this on the stature and taking him home. Every one was saying that this is expected and calm down. Then suddenly he was replaced by a really handsome/beautiful man sitting and talking with everyone.

Please suggest us can we make the sides of the grave solid with bricks and marble but not like big tomb but just 10 inches boundary on all sides like a rectangle. As this is a rainy season and land is so soft and not tidy and strong.

Giving one's zakaat to a person who own less than nisaab

Q: A woman had some gold jewellery worth of giving zakat. She sold all her jewellery and started constructing a house for herself and her brother who also invested some percentage in the house and not even 50 percent is completed and she has ran out of money for house completion. Is she eligible for zakaat and can she utilize the money for construction?