What is the ruling on repairing existing churches and synagogues in lands where their maintenance is permitted?
General Chapter
Al-Mughni
Book of Jizya
Primary text
In all places where the maintenance of existing churches and synagogues is permitted, demolition is not allowed. They are permitted to repair what has become dilapidated (ramm ma tash'ath) and undertake necessary upkeep. Preventing this repair is deemed equivalent to demolition, as it leads to their ruin and disappearance. However, if an entire structure collapses, rebuilding it is not permitted.
Supporting text
Some Shafi'i scholars hold that rebuilding entirely collapsed structures is permissible. Ahmad holds that rebuilding is permissible, a view shared by Abu Hanifa and Al-Shafi'i, as rebuilding what has collapsed is analogous to its continued maintenance, which is permissible. This is justified because maintenance is allowed, and rebuilding is like maintenance. However, the argument against rebuilding is based on the explicit prohibition found in the letter to the people of the Jazira by Iyadh ibn Ghanm: 'We shall not build what has become ruined of our churches.' Furthermore, a narration from Kathir ibn Murra states that the Prophet, peace be upon him, said: 'No church shall be built in Islam, nor shall what is ruined of it be renewed,' because building a new church in the land of Islam is prohibited, just like initial construction, unlike simple repair, which is considered preservation.