Section

If, according to the apparent position of his school, an endowed mosque—which is endowed for direct use and whose premises are accorded sanctity under Islamic law—may be replaced with another for a beneficial purpose, because the replacement is more useful and suitable, even though the original has not become entirely unusable, and the original property is released from its endowment status, then replacing income-producing endowed property with something more suitable and useful is all the more permissible. This is so even though two positions are reported from him concerning whether a mosque may be sold when it has become entirely unusable. For he permits the sale of income-producing endowed property when needed, with no alternative position reported from him, whereas two positions are reported from him concerning the sale of a mosque when needed.

Thus, if the apparent position of his school permits the original mosque to be released from its endowment status and another mosque to be endowed in its place for a beneficial purpose, even though the original remains usable, then it is all the more permissible to release income-producing property from its endowment status and endow something more suitable in its place, even though the original remains useful.

Selling an income-producing endowment is more readily permissible than selling a mosque, and replacing it is more readily permissible than replacing a mosque. This is because the mosque’s premises themselves are accorded sanctity under Islamic law and are intended for direct use. It may therefore neither be leased nor may compensation be taken in exchange for its use. By contrast, an income-producing endowment may be leased, and compensation may be taken in exchange for its use. The intention is not that the beneficiary should personally make direct use of it, as is intended in the case of a mosque. Nor does it possess the sanctity established by Islamic law on account of the right of Allah Most High that a mosque possesses.