Renting out land that was made waqf for a musjid

Q: A plot of land was made waqaf for a musjid in the 1970s, however no musjid was built on it because of the group areas act. In 1980 a musjid was constructed on another site. All these years the jamaat has been paying rates etc. for the first plot. There is no need to build a second musjid as the town is small and the current musjid suffices for the towns needs. We pose the following questions:

1. Can the land be let out temporarily?

2. Can the jamaat build houses on the land for income permanently?

3. How should the income be utilised?

4. Can the income of the waqf land be utilised for running the affairs of the current musjid?

A: If the site has already been declared as musjid you cannot rent it for any other purpose.

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


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)