Question:-
Our Masjid, Alhamdulillah, is undergoing extensions. Before the extensions, our Masjid was just a single floor. Included on the single floor, was a small portion utilized as the Sahn (courtyard.) My question is, can the new, entire upper floor, which covers the Sahn and entrance passage beneath it, be regarded as Masjid? The Sahn and entrance passage on the bottom floor is excluded from the Masjid.
Answer:-
We understand from your query that in the bottom section (of the Masjid) the Sahn will still remain at the rear, and there will also be an entrance section on the bottom floor, which does not form part of the Masjid. However, the top floor that covers these areas will be considered as part of the Masjid.
It is recorded in Jawahirul Fiqh on page 123, vol.3, “If a Masjid is constructed in this manner that shops or a basement is constructed on the bottom floor, and the Sahn of the Masjid or the Masjid building (itself) is above it, then it will be permissible to do so, with the proviso that the shops constructed on the bottom (floor) are Waqf (just as the Masjid has been made Waqf) and the income derived from the shops are used for the benefit of the Masjid.”
Based on the above, the area covering the Sahn and entrance on the upper floor can be considered as Masjid, if the trustees make a Niyyat of the top section being the Masjid, even though the area beneath it is utilized as a Sahn and entrance (which is excluded from the Masjid).
You may also refer to Ahsanul Fataawa page 443, volume 6.
AND ALLAH TA’ALA KNOWS BEST
ANSWERED BY:-
Mufti Mohammed Desai
23 Rabi ul Aakhir 1443
28 November 2021
