Endowment: Reclaiming Land Donated for a Masjid Built Over by Homes

Practical Laws of Islam as per the teachings of Imam Khamenei

Endowment: Reclaiming Land Donated for a Masjid Built Over by Homes

English:

Question #2045:

A plot of land was donated by its owner for building a masjid on it. This was witnessed by the cleric of the neighbourhood and two just witnesses. After a while, a group of people took control of the land and built houses on it. What should those people, as well as the trustees, do?

Answer #2045:

If, after the endowment is done, the land that was meant to be held in trust was handed over to the shar‘ī trustee or the beneficiaries of the endowment, all the rules and conditions governing endowments should apply. Therefore, others building houses for themselves on the land would amount to usurpation. Thus, they should pull down the buildings and relinquish the land to the shar‘ī trustee. Conversely, the land should still be in the ownership of its rightful owner and any action over the land by other parties is dependant on the permission of the owner.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Endowments