Impermissibility of building the Masjid from the shares of minors

Question:

My brother died (may Allah be merciful to him) and left a number of sons and daughters. Some of them are grown-up, others are underage orphans. Their financial status is quite good. Before he died, my brother built a Masjid (mosque) from straw but now it is ruined. I would like to rebuild it from the inheritors’ money so that the reward will go to my brother. Is it permissible to rebuild it from the shares of the underage orphans? I believe that if the underage orphans were grown-up, they would not mind rebuilding the Masjid.

Answer:

The person asking this question mentioned that he wants to rebuild the Masjid, which his brother had built from straw, and he wants to rebuild it from the money of his dead brother’s children; some of whom are underage orphans. It is not permissible to build the Masjid from the shares of minors. The underage orphans have not reached the legal age to give permission to use their money for this purpose. It is not permissible for their guardian to use their money except for a purpose that benefits them in this worldly life. Since they are underage, their worldly interest is given priority over their interest in the Hereafter. Adults are at a legal age that allows them to do so. If they agree, it is up to them as it is their share of inheritance. They have the full right to donate all their share of inheritance to rebuild the Masjid and intend its reward to go to their father or to share the reward with him. Since you, Gibril Mohamed, encourage doing good and want to donate from the underage orphans’ money to rebuild the Masjid, you should spend some of your own money to rebuild the Masjid as Allah (Exalted be He) blessed you with wealth and Allah (Glorified and Exalted be He) does not let the deeds of good-doers to be lost.

May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.

  • Date: Muharram 12, 1442 AH
  • Source: Fatawa Al-Lajnah Ad-Da'imah no. 1430-1
  • Muftis: Shaykh Abdullah ibn Mani' , Shaykh Abdul-Razzaq al-Afify , Shaykh Abdullah ibn Ghudayyan