Do the two apartments built above the mosque with a private entrance and at the expense of one of the heirs enter into the deceased's inheritance after the mosque is annexed to the Awqaf (Endowments), and do all the heirs inherit therein?
If a person builds a mosque and allows people to pray in it, it becomes a waqf (endowment) for Allah Almighty and ceases to be his private property or the property of his heirs. However, if he reserves it for himself and does not allow people to pray in it, it remains his property.
If its endowment is valid during the builder's lifetime, it is possible that the construction above it was intended as a waqf, or as personal ownership. If it was intended for personal ownership, then the building belongs to its owner, and he has the right to demolish it or receive its value.
If the mosque remains the property of its builder until his death, it is considered a shared inheritance among the heirs, and they have the right to dispose of it or designate it as a waqf. The apartments built above it follow the ruling of the mosque, either as inheritance or waqf, depending on the owner's decision.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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