Selling The Items Of A Masjid

Question

In the course of uplifting and improving the decor and acoustics of a Masjid, certain items such as light fittings, fans , clocks, chairs etc that were previously donated or purchased with Lillah funds are replaced . What should be done with such items?

Does it have to be utilised elsewhere in the very Masjid? Can it be utilized elsewhere in the Centre as we have a school and catering facilities etc that form part of the Centre and are located on the same premises .Can it be given to other Masaajid or organizations?

Darul Ifta, Darul Uloom Azaadville · Accepted Answer

Waqf: A Waqf property refers to any item or property permanently donated in the path of Allah Ta’aala to the Masjid for use by the Masjid and its Musallees. The trustees of the Masjid may utilize the Waqf property for the use and benefit of the Masjid as intended by the Waqif (donor) but may not claim ownership of such a property. As such, the use of such a property is restricted to the Masjid and in normal cases, may not be sold or loaned to another without any charge.

Donations: In terms of non-monetary donations, “donation” here refers to any item or property handed over to the Masjid for temporary use by the Masjid or its Musallees. Such a donation remains in the ownership of the original owner and may be utilized in any way intended by the donor. As such, such an item or property may be sold, moved, or loaned to another at the discretion of the original donor. Monetary donations made for use by the Masjid also fall in this category and may be used only in the way intended by the donor.

After understanding this, one will have to see if any of the items donated were made Waqf to the Masjid by their Waaqifs. If this was the case then it will not be permissible to use those items anywhere else besides the Masjid.

However, If the Masjid does not have any use for such items and keeping them safe from damages and loss would be difficult then the Mutawallies may sell these items and the proceeds used for the masjid. These items may also be given to other Masjids where there is a need for such items provided such steps are taken after consulting the Mutawallies and reliable ulama.

If the items were not made Waqf then with the permission of the donors of the respective items those items can be repurposed and used wherever there is a need. If the donors are not present then permission should be sought from their inheritors. In the case where the Donors are unknown then by the consensus of the community those items may be used elsewhere.

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