Is it permissible to convert a وقف (waqf) mosque of the Ahlus-Sunnah wal-Jama'ah into a charitable organization, given the division among Muslims in the diaspora and the refusal of the group that wants the conversion to reach an amicable settlement?
Muslims must prioritize the higher interests and serve the religion, and avoid bringing their legal cases before man-made courts. The majority of scholars believe that a waqf (endowment) must remain as it is, neither sold nor disposed of in a way that removes it from its endowment, based on the Prophet's (peace and blessings be upon him) regarding the endowment of Umar (may Allah be pleased with him). The Shafi'is were strict in prohibiting the exchange of an endowment. The Malikis permitted the exchange of a movable endowment only for the sake of benefit, while the Hanafis allowed exchange if the endowment became unproductive, with the judge's permission and for the sake of benefit. Imam Ahmad and Ibn Taymiyyah held that it is permissible to sell or exchange an endowment if its benefits are completely lost or if there is a compelling need to do so, and this is the moderate view. Therefore, converting the only mosque in an area into a charitable association is not permissible because it leads to the disruption of obligatory prayers, and no scholar would endorse it. It is necessary to apply Islamic law in religious matters and be content with its ruling.
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