Question:
Assalamu alikum mufti, the masjid compound and the masjid are waqf, so is it correct to have reserved parking spaces for special musallees? Trinidad.
Answer: حامدا ومصليا ومسلما
Abdur-Rahman bin Shibl Al-Ansari (رضي الله عنه) narrates that the Messenger of Allah (ﷺ) prohibited from fixing a place in the mosque like a camel which fixes its place.[1]
Commenting on this hadith, Mulla Ali Qari said, Allamah Ibn Hajr (رحمهما الله) states, “The wisdom in this prohibition is that it leads to show, ostentation and flashiness. All of these are destructive calamities [for one’s heart and spirituality]. Therefore it is necessary to refrain from anything that leads to them.”[2]
Hazrat Shaikh Maulana Muhammad Zakariyah Kandhalvi adds that Allamah Aiyni (رحمهما الله) also explains this hadith in the same manner.[3] Shaikh Mahmood Subki (رحمه الله) also mentions this wisdom.[4]
This same illah and reasoning can be found in ‘special musallees’ having reserved parking in a Masjid compound especially when the Fuqahaa have mentioned that in certain scenarios the courtyard of a Masjid has the rulings/laws pertaining to the masjid.[5] Therefore one should refrain from such reservations and save the heart from corruption.
Hazrat Maulana Khalil Ahmed Saharunpuri (رحمه الله) mentions another reason for this prohibition. He says, “If a person fixes a place and then someone else gets there before him, he will go to fight and argue with the person. [Aishah (رضي الله عنها) narrates, I said: ‘O Messenger of Allah, should we not build you a house in Mina?’] He said: ‘No, Mina is just a stopping place for those who get there first.’”[6] The same ruling of Mina will apply to a Masjid. Whoever reaches there first will be more deserving of that place.”[7]
Therefore, the rule of ‘first come first served’ will also apply to the Masjid’s parking lot.
Hazrat Maulana Fath Muhammad, the student of Allamah Abdul Hai Lakhnawi (رحمهما الله) writes in his ‘Halal wa Haram ke Ahkaam’, “Mabaahul Intifaa’ (Items permissible to use): This wealth is in the ruling of waqf, like masajids, some wells, bridges and roads. Everyone has a right in these things other than a few considerations. For instance, In a Masjid everyone has the right for the first saff (row). However, the Imam, Khatib, Mukabbir or Muazzin should be taken into consideration.”[8] Hazrat Mufti Radhaul Haqq sahib (حفظه الله) also mentions this in his ‘Fatawa’.[9]
From this, if necessary, a leeway may be given to the Imam, Khateeb or Muazzin to have a reserved parking spot in the Masjid’s carpark. Other than them, no one else should have a spot reserved for themselves. Rather, the car park being part of Waqf is the right of all Muslims.
If the matter queried is regarding one’s self then it is quite simple. However if it’s pertaining to others, then it should be further noted that in the ‘prohibition of evil’ (النهي عن المنكر) there are many principles.
Allah (عز وجل) says:
ادع الي سبيل ربك بالحكمة و الموعظة الحسنة
“Call to the path of your Rabb with wisdom and beautiful counsel”.[10]
It is mentioned by Imaam Nawawi (رحمه الله) in the ‘Sharah of Muslim’ that a person should be sympathetic and affectionate so that his objective is fulfilled. Imaam Shaafi’ee (رحمه الله) says:
من وعظ اخاه سرا فقد نصحه وزانه ومن وعظه علانية فقد فضحه وشانه
“He who advises his brother in secrecy, certainly he is his well-wisher and has honoured him, and he who admonishes him publicly has disgraced him and tainted his honour”.[11]
It is narrated in ‘Sahih Bukhari’ that once Rasulullaah (ﷺ) said to Hazrat Aisha (رضي الله عنها) that, “Had it not been that your tribe was recently in kufr, I would have demolished the Ka’bah, then built two doors for it; one door from which people will enter and the other from which they will exit”.[12] Upon this it is mentioned in the explanation that sometimes due to reasons of expediency, direct prohibiting of evil has to be left out, especially when it will lead to fitnah and further corruption of those people who are indulged in that evil.[13] Instead, other routes of wisdom should be deployed in order to curb that evil.
These are just a few conditions of prohibiting evil. The senior Ulamaa of your community should be consulted for the most appropriate method of resolving the issue. May Allah (عز وجل) guide us all on the straight part and make us please Him in all our actions so that we earn His pleasure in both the worlds. Aameen.
And Allah Ta’ala knows best.
Muhammad ibn Suleman Chothia in collaboration with Mufti Muhammad Mahdi
8th Sha’ban, 1437/15th May, 2016/ FID#2016110
[1] Abu Dawud #862, Nasai #1112, Ibn Majah #1429, Ibn Khuzaimah #692
[2] Bazlul Majhood Vol.4 Pg.330
[3] Ta’leeq of Bazlul Majhood Vol.4 Pg.330
[4] Manhal Azb Mawrood Vol.5 Pg.308
[5] Fathul Qadir Vol.5 Pg.96 ألا يرى أن فناء المسجد له حكم المسجد فى بعض الأشياء
Raddul Muhtaar Vol.2 Pg.401 وذكر في البحر عن المجتبى أن فناء المسجد له حكم المسجد
[6] Abu Dawud 2019, Tirmidhi 881
[7] Bazlul Majhood Vol.4 Pg.330
[8] Pg.316
[9] Fatawa Darul Uloom Zakariya Vol.4 Pg.686
[10] Suratun Nahl (16:125)
[11] Sharhun Nawawi Alaa Muslim Vol.1 Pg.51
[12] #126
[13] Sharhu Sahihil Bukhaari li Ibn Battaal Vol.1 Pg.205
