Issues and Questions
Relocating a Mosque

By Dr Muzammil H. Siddiqi

Dated December 31.2004

Q 1. Is it permissible to follow the ijtihad of one scholar on a particular issue and a different scholar on a different issue when you have the knowledge that the second scholar favors facilitation?

A 1. The intention should not be to follow whatever you find easy. The intention should to follow the opinions that you find closer to the Qur’an and Sunnah. If you see that one scholar’s position on a particular issue is closer to the letter and spirit of the Qurán and Sunnah, and another scholar’s position is closer to the Qur’an and Sunnah on another issue, then you can follow both of them. You do not have to stick to one person’s opinion in every case. A Muslim’s loyalty and commitment should always be to the Qur’an and Sunnah. Not to any particular scholar or madhhab.

Q 2. How should be the relationship between a daughter and her parents?

A 2. Sons and daughters should respect their parents, honor them, love them, and serve them. It is the duty of the children whether male or female to show their utmost love and respect to their parents. The parents also should be very caring and kind towards their children. The daughters especially should be given good education. Parents should teach them good morals and manners, modesty and chastity. When they grow up they should be helped to get married soon. Parents should find good husbands for them, but always consult their daughters and should never force their daughters to get married to marry someone whom they do not like or approve. The daughters should be given their proper share according to the Shari’ah in the inheritance of their parents. Parents should not discriminate between their sons and daughters and they should treat both of them equally with love and kindness. If the daughters do any mistakes they should not be punished more than the sons or the sons more than the daughters. After marriage, parents should not interfere too much in the family life of their daughters. They should keep their contact with them, but give their daughters more chance to live with their husbands and their families. I hope this is sufficient to answer your question.

Q 3. In a major Indian city, Calcutta, the government wants to extend the runway of the airport so that major cargo and passenger jets can land with increasing frequency helping both the Muslims and non-Muslims in the city. Note that in Calcutta over 25% of the population is Muslim. The problem is that the runway extension requires annexation of adjacent land. On one such property is a Masjid that is a very old one and barely used by local Muslims. The airport authorities are promising that they will build for the Muslims a new Masjid at a site of the Muslims’ choice and at least twice the size of the current in frequently used Masjid. Given the political climate in India after the demolition of the Babri Masjid what will be your advice to the Muslims and non-Muslim rulers of Calcutta? Is it permissible to demolish this Masjid for the greater good and have it relocated at another area? A survey by local Muslim leaders has determined that without demolishing the Masjid the airport runway cannot be extended.

A 3. You have mashaAllah many qualif ied scholars and Muftis in India who can give Fatwa understanding the local situation. As a general rule I want to say that it is not forbidden to relocate a Masjid to a more appropriate and convenient place if it comes in between the public highway or the public work area. You have to make sure that this Masjid is replaced with another Masjid in a nearby place. Relocation or even the removal of a Masjid is allowed if it is in the best interest of the larger community and the Muslims of that location are not deprived of a place of worship.
The case of Babri Masjid was very different. The fanatic Hindus destroyed that Masjid, not because it was causing any inconvenience to any one. They destroyed it because they wanted to build their temple in that place. They made a false claim, that the site originally belonged to the birthplace of their god Rama and a place of a Hindu temple. They destroyed that Masjid out of revenge, hate, intolerance and anger, not in any public interest. We should not compare this case with the case of Babri Masjid.
In many Muslim countries Masajid are removed or relocated because of building bigger roads, highways or airports. There are many examples and numerous fatwas by scholars available on this subject. If the authorities are making an agreement with Muslims to build a new Masjid twice the size of the current Masjid and if the current Masjid is not frequently used because it is not in a convenient location then according to the Shari’ah there is nothing wrong in accepting this arrangement, unless there are some other reasons that the local Muftis may consider and because of which they may not agree to this relocation.

Q 4. I have done istikharah on a prospective partner and my heart is telling me that the person will be good for me. I have told my parents but they are not happy. I pray for them because they don’t practice and so they at this moment don’t understand the essence of the istikharah. But it has come to my attention that the prospective partner’s mother from when he was born (now he is 22) has agreed for him to get married to his auntie’s daughter. She said that this would make her very happy (Allah knows of the hidden reasons) because she is not going to accept any other. His mother does not know about me and he hasn’t done the istikharah on the other girl. We have to be dutiful to our parents it has been ordered of us, if our parents are not happy then we will not enter paradise? What should we do?

A 4. I am pleased to know that both of you give full consideration to your parent’s wishes and you want to obey them. I suggest that both of you listen to your parents. Insha’Allah this will make them happy and it will also be good for you. Your Istikharah is not a command of Allah to you that you must marry that person. Your heart is telling that that person is good for you, but your mind is telling you that you should listen to your parents. In two good things you have a choice to choose whatever is better for you. In this particular case my advise to both of you is that you do not do anything that will make your parents un-happy. May Allah bless you.

Q 5. In one Masjid here I saw people praying 2 raka’h nafl immediately after the Adhan of Salatul Maghrib, but before the Fard Salah. Is this practice correct?

A 5. Yes, it is allowed, to pray two raka’ah nafl or tahiyyatul Masjid after the Adhan and before the Fard (obligatory) prayer at Maghrib time. It is reported in al-Bukhari that the Sahabah at the time of Prophet - peace be upon him - used to pray two rak’ah after the Maghrib Adhan. (al-Bukahri, Hadithno. 589). According to Imam Malik it is Makruh to pray at this time, because this may cause the delay in Maghrib prayer. But Imam Sha’fi and Imam Ahmadibn Hanbal considered these two rak’ah mustahabb. According to Hanafi school, you are allowed to pray these two rak’ah as long as you do not miss the first Takbir (takbir al-tahrim) of Maghrib congregation.

Q 6. If a Christain wife asks for divorce (Khula) and the Muslim husband signs on legal papers of divorce, unwillingly, then, according to your opinion, has divorce taken place or not? If not, then can he take his wife back?

A 6. After Khula’ (when the husband divorces his wife at her request and takes something in return from her) it is allowed for the husband to take back his wife within the ‘iddah, but it must be with her consent. After ‘iddah if they want to get back together, they should have a fresh Nikah. (Repeated)

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