Erecting a Masjid on leased land

In the case of a 99 year lease, the land will belong to the owner but it will be leased to the Muslim community in lieu of rental. On expiry of the lease period, the land will have to be returned to the original owner and the structure (erected thereupon) removed or sold (to the owner.) The land and structure of a Shari’ee Masjid belongs solely to Allah Ta’ala, and perpetually remains as a Masjid (once officially declared as a Masjid), and not used temporarily as a place of Salaah, as in the case of a 99 year lease agreement. Hence, the Masjid put up on the leased land will not be recognized as a Shari’ee Masjid.

The second option where a dwelling is purchased together with the land and then (perpetually) made Waqf for a Masjid is correct. We, therefore, suggest that the community chooses this particular option if their intention is to erect a Shari’ee Masjid. If their intention is to erect a Musallah only (where the 5 daily Salaah will taking place then they are at liberty to put up a Musallah on the leased land. However, the Musallah will not enjoy the same rewards and virtues as a Shari’ee Masjid.