Converting Hagia Sophia Into Mosque is Violation of Islamic Law

On Friday last week, Turkish President Recep Tayyip Erdogan formally announced the conversion of Hagia Sophia into a Mosque. This announcement came after a High Court ruling overturning the 1934 decision to transform it into a secular museum uniting all citizens of the modern Turkish state.

Mr. Erdogan then transferred full control of Hagia Sophia to the Religious Affairs Directorate. Soon, we will hear the minarets call Muslims to prayer and witness congregational prayers being held five times a day.

While many have interpreted this as a political stunt by Erdogan, citing his vow to “liberate al-Aqsa mosque” from Israel after “resurrecting Hagia Sophia,” an essential question has been left out, and that is: Are Muslims even allowed to pray inside Hagia Sophia?

In Islam, there are stringent and sophisticated rules for the establishment of a Mosque. A building cannot simply be converted into a Mosque by a President or a High Court decision. That is a violation of Islamic Jurisprudence and Sharia Law.

Prophet Mohammad said: “Whoever usurps the land of somebody unjustly, his neck will be encircled with it down the seven earths (on the Day of Resurrection).”

For a Mosque to be lawfully established in accordance with Islamic laws, the property in which prayers will be held needs to be transferred to Muslims appropriately, through either a donation or lawful purchase. It cannot be occupied by force, as is the case with Hagia Sophia.

Secondly, we Muslims require permission to pray on any land that is not considered public property. The water we use to purify ourselves for the washing ritual before prayers (Wudhu), needs to either be owned by us, or from a public source (such as a public tap, fountain or a river) or used by the permission of its rightful owner. Without the consent of the land’s owner(s), Muslims cannot pray on that land, and prayer on it will be considered void.

Imam Abu Hamed al-Ghazali, one of Islam’s most prominent jurists, states that: “In regard to the Mosque, if it is constructed in an illegally usurped land, or with wood that is illegally usurped from another mosque or property, it is impermissible to enter it, even to offer Friday prayer.” — Lawful and Unlawful, Page 196.

Grand Ayatollah Sistani rules that: “Usurpation is when a person unjustly takes control over the property or right of someone else. It is something that the intellect, Qur’an, and traditions all rule to be unlawful.”

The Church in Turkey would be considered the rightful owner of Hagia Sophia, and without their permission, an Islamic prayer within the venue would be void.

Ironically, the Islamic Laws issued by Erdogan’s good friend, the “Supreme Leader” Grand Ayatollah Khamenei, require that a Mosque is established on “ownerless land” and for the sole purpose of it being a Mosque.

When Prophet Mohammad established Islam’s second Mosque in Medina, he did so on land he purchased from Sahl and Suhayl.

The same applies to the religious use of any land. A Muslim cannot be buried within a property that he/she has not purchased or without the permission of its rightful owner. The grandson of the Prophet Mohammad, Imam Hussain, purchased the battleground within Karbala, Iraq, for 60,000 Dirhams from Bani Asad, the tribe that owned the land. This was done so that he is able to pray on the land as well as be buried within it after the battle.

This ruling applies to all other similar matters which concern land and property. Grand Ayatollah Sistani’s Fatwa number 2565 states: “If a person usurps a piece of land and cultivates or plants trees on it, the crop and the trees and their fruits are his own property, and if the owner of the land is not agreeable to the crops and the trees remaining on his land, the person who has usurped the land, should pull them out immediately even if he may suffer loss for that. Also, he should pay rent to the owner of the land for the period the crop and the trees remained on his land, and should also make up for the damage done to the land, like, he should fill up the holes from which the trees are pulled out. And if the value of land decreases because of that, he should compensate. Moreover, he cannot compel the owner of the land to sell it or lease it out to him.”

From here, it becomes clear that both Islamic Denominations, Sunni and Shia, agree that any religious use of property falls under strict jurisprudential laws.

Hagia Sophia belongs to the Church in Turkey, the Christian community and those who have maintained it throughout the centuries. Islamic Prayers being held within Hagia Sophia would require the building to either be sold to Muslims or be performed with the permission of its guardians. Neither has happened, which reveals that Erdogan’s move is nothing more than another political and Islamist stunt.

Imam Tawhidi

Imam Tawhidi is a peace advocate, third-generation Imam, a publicly ordained Islamic authority, bestselling author and advisor to Mind Medicine Australia.

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