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Regulations and fatwas
According to the selected opinion in fiqh, by endowing the property, it is no longer owned by the waqf but is owned by the waqf for which it is intended. If the waqf ceases to exist for some reason for which it is intended, its property is transferred to another waqf of the same purpose. In this particular case, the waqf person does not have the right to request the return of the waqf money unless they conditional about it during the waqf in case of impossibility to realize the project for which they waqf their money in the planned way. Without that condition, they do not have a shariah basis for claiming a refund, because it is no longer in their possession. In case of impossibility to build a mosque in the planned way, or to buy a built building and convert it into a mosque, as an alternative solution, the money should be spent for the same purpose for which it was waqf and to build a mosque where possible. In that case, it would be best for the waqf people themselves to do it personally, in order to make sure that their money was used for the intended purpose (for the construction of the mosque).
Hussein ef. Djozo, a renowned Bosnian and Yugoslav theologian (he worked in the Supreme Islamic Eldership from 1960 to 1982), says that a Muslim should, above all, look at non-Muslim as a human. Hence, a Muslim is ordered to do charity to others, especially Christians and Jews. They can even be given sadaqatu-l-fitr and other forms of material assistance. The Qur’an explicitly states that one should help and do good deeds to non-Muslims who do not persecute or abuse Muslims.
The participation of non-Muslims in the construction of the mosque is in full accordance with the regulations of Islam. This type of cooperation has been applied for a long time. Islam recommends all other ways of friendship and cooperation.