Using Masjid Funds To Cover Legal Fees

QUESTION:

Our Masjid was managed by a committee and a board of trustees. Historically, there were approximately nine trustees, but over time several trustees passed away and, for many years, the trustee positions were not updated. Eventually, only four trustees remained.
Following the resignation of the then chairman, new committee elections were organized by these remaining trustees. The election process was fully documented, monitored by representatives from both sides, and included voter registration, ballot papers and vote counting. The election resulted in a new chairman and committee being elected by the community.
After the election, discussions took place regarding updating and increasing the number of trustees, as the constitution envisaged a larger number of trustees than the four who remained. There was initially an understanding that the community would have a say in the appointment of new trustees. However, concerns arose when some of the existing trustees allegedly sought to appoint individuals of their own choosing, without following an agreed process or seeking community approval.
This led to further meetings and attempts at reconciliation. Several members of the community and respected individuals attempted mediation on numerous occasions. The newly elected committee repeatedly expressed that they were not seeking positions for themselves and were willing to reach an amicable solution if one could be achieved in the interests of the Masjid.
Eventually, a general meeting of the community was held. Approximately 89 people attended, and after some individuals left the meeting, the remaining attendees voted overwhelmingly in favour of removing the existing trustees and replacing them through a fresh election process. New trustee elections were then held, and additional trustees were elected through a documented and transparent process.
The former trustees did not accept these decisions and subsequently, instructed solicitors and commenced legal proceedings against the newly elected trustees and committee members. The legal action was brought against them in their personal names in their capacities as trustees of the Masjid.
At the outset, the defendants attempted to represent themselves in court in order to avoid incurring expenses from the Masjid funds. However, as the proceedings became increasingly complex, and upon the advice of the judge that proper legal representation was necessary, solicitors were instructed.
Before taking this step, the committee and trustees discussed whether Masjid funds could be used. Their understanding was that they were not defending personal positions, titles, or status, but rather defending the administration, constitution and interests of the Masjid and the wider community. They believed that if the legal action succeeded, it would significantly affect the future management of the Masjid and its services.
Approximately £25,000 of Masjid funds were ultimately spent on legal fees in defending the case.
The court has now ruled in favour of the newly elected trustees and committee. Proceedings are currently ongoing regarding recovery of legal costs from the former trustees who initiated the claim. Initially four trustees commenced the action, but one later withdrew, another withdrew thereafter, and one of the remaining trustees has since passed away, leaving only one surviving claimant.
In light of the above, we seek guidance on the following questions:
1. Was it permissible in Shariah to use Masjid funds to pay the legal costs incurred in defending this case?
2. Are the trustees and committee members who authorized this expenditure, personally liable to reimburse the Masjid, or was the expenditure permissible because it was undertaken for the protection and benefit of the Masjid?
3. If the court awards costs against the former trustees, does the recovered money belong to the Masjid and should it be returned to the Masjid accounts?
4. Since one of the former trustees passed away, does any financial liability remain upon his estate in respect of the legal costs?
5. Does the intention of the trustees—that they were defending the interests of the Masjid and not seeking personal benefit or positions—have any bearing on the Shariah ruling regarding the use of Masjid funds?

ANSWER:

Indeed, it is from one’s great fortune that Allah Ta’ala accepts us for the Khidmah (service) of His religion. Allah Ta’ala takes the work of this Deen from different people in various ways; one of which is through managing the affairs of His house, i.e. the Masjid. To serve on a Masjid committee is not an inherent right of any individual as a Masjid belongs to Allah Ta’ala and is not anyone’s personal property. Rather, serving on a Masjid committee is a great privilege, but this privilege comes with great responsibility.

The individuals privileged to serve the Masjid are trustees, and they are trusted with managing the administrative affairs of the Masjid to the best of their abilities. Committee members cannot have any personal agenda as this would be a betrayal of the trust. The Prophet Sallallahu Alaihi Wasallam said,

 عن أنس بن مالك قال خطبنا رسول الله صلى الله عليه وسلم فقال في الخطبة لا إيمان لمن لا أمانة له ولا دين لمن لا عهد له

“There is no Imaan for the one whom there is no trust…”

1. It was not permissible for them to utilize the Masjid funds for the court cases.

2. This was not to protect the Masjid but rather, it was personal problems between the community members, hence, it was not permissible for them to utilize the Masjid funds.

3. Yes, the money belongs to the Masjid, hence, the money should be reimbursed to the Masjid.

4. No.

5. This has been answered above.

(RE: Fatawaa Mahmoodiyya Vol:14 Pg343)

نعم ويتصرف القيم في الوقف بما فيه من النفع للوقف

(تنقيح الفتاوي ج1 ص209)

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:

Mufti Ahmed Saeed

Date: 09 Muharram 1448 / 25 June 2026

CHECKED AND APPROVED BY:

Mufti Yacoob Vally Saheb