Q: My brother, Muhammad ibn Ibrahim ibn Muhammad Al-Zuhayry died after drawing up a will which included:
Bequeathing a piece of land to be dedicated for the construction of a Masjid (mosque), and an accomodation for the Imam and another for the Mu'adhin (caller to Prayer).
We hope that Allah will guide a benevolent person to undertake the construction of the Masjid and the two accomodations on the bequeathed land. Allah never denies the reward of the benevolent ones.Since the testator did not specify the land he bequeathed in meters, I can not determine the total area upon which the Masjid and the two accomodations are supposed to be built. At the same time, the residents of this area demand that a Masjid that serves the purpose of Al-Masjid Al-Jami` (the large mosque where Jumu`ah [Friday] Prayers are held) be built on this piece of land. I hope Your Eminence will give me a fatwa that the Shari`ah deems as absolving one from this duty and at the same time achieving the public interest and attaining reward.
(Part No. 16; Page No. 339)
After closely studying the question and the enclosed deed which attests to the afore-mentioned will, the committee gave the following answer:
The Masjid and the two accommodations shall be calculated from the one third of the deceased's wealth. If the residents are in need of a Masjid that serves the purpose of Al-Masjid Al-Jami`, the trustee has to entrust two people who have experience, trustworthiness and honesty with the task of allocating an area that serves this purpose. If there is no need to build Al-Masjid Al-Jami`, a normal Masjid may be built on this land. The area over which the two accomodations will be built is to be determined by the building committee in the way it deems fit. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
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