Is it permissible to rent a house to use as a mosque for prayer?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is permissible to rent a dwelling to use it as a mosque in which to pray. This view is held by Malik and Al-Shafi'i. The basis for this ruling is that this involves a permissible benefit that can be extracted from the property while the property itself remains intact. Therefore, renting the property for this purpose is valid, similar to renting for habitation (residence). This is distinguished from prayer insofar as prayer cannot be delegated to another party, unlike the construction of mosques.

Supporting text

Abu Hanifa holds that this contract is invalid because the act of prayer cannot be legitimately stipulated for as the object of an usufruct right via a lease contract, and thus the lease for that purpose is invalid.