Is it permissible to sell land to a Christian to build a church upon it, according to the Madhhab of Abu Hanifa, and did the Madhhab actually affirm that?
It is impermissible for a Muslim to sell or lease land to someone who intends to use it for an unlawful purpose, for the means take the ruling of their ends. It is forbidden to sell land to a disbeliever if it is known that he will use it as a church, because that constitutes aiding in sin and transgression, whether this condition is stipulated in the contract or indicated by circumstantial evidence. This is what the majority of jurists have explicitly stated. As for what has been narrated from Abu Hanifa regarding its permissibility, it is understood to apply outside of Muslim cities and in places predominantly inhabited by Dhimmis. A Muslim must not pursue the concessions of the madhhabs and the errors of scholars, as that is a trivialization of religion.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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