Rules applicable for a place to be regarded as a masjid

Q: I have a few questions regarding masjid. 

1. What are the requirements for a building to be called a masjid (and subsequently all the rules of a masjid must be followed)? 

2. Do the rules of a masjid apply to a musallah? 

3. Can there be a masjid in a non-Muslim country? 

3a. I have heard that in Canada a building is not owned permanently by a person and the government can take control of it (either any time or a lease of 99 years apply), so can there be a masjid in the aforementioned case? 

4. If one has taken upon an item of the masjid for safekeeping, can they personally use it? It was bought by the masjid money.

A: 

1. For a place to be a Musjid, then the land and building on it should be made waqf for Allah Ta'ala. After it is made waqf for Allah Ta'ala, the ownership of the person will no longer remain and thereafter, the land cannot be sold, gifted and nor will it form part of the estate of the person who made it waqf for Allah Ta'ala. 

2. No, the rules of a Musjid does not apply to a musalla. 

3. If one owns the land, then it is permissible for him to build a Musjid on the land, whether he is living in a Muslim country or a non-Muslim country. However, if he is only leasing the land for 99 years, then he cannot build a Musjid on such a land, as he is not the owner of the land. 

4. If an item is made waqf for the use and benefit of the Musjid, then it cannot be taken out of the Musjid. However, if something is given for the Musjid, but it has not been made waqf, then one can keep it out of the Musjid for safekeeping. In this case, it will not be permissible for one to take personal benefit from it.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)