A place allocated for Salah without dedicating it as Waqf is still considered the property of the allocator
Q: I moved into a new house and after a while,
I decided to turn a room in the house's courtyard that is almost 4 X 6 m and has a joint bathroom into a praying place. Bear in mind that I have not built a minaret for it.
The room is on the ground floor and the upper floor is a part of the neighboring apartment. When I am present, I pray in this room. But when I asked people about it, they said this room is not suitable for this purpose for many reasons. (i) It is a part of the house's courtyard. (Part No. 16; Page No. 90) (ii) This is not the most suitable place to build a Masjid (mosque), since it is not in a central area of the neighborhood. (iii) There is not much space outside my house, as there is a graveyard at the Qiblah (Ka`bah-direction faced in Prayer). The people of our neighborhood searched for a central piece of land to build a Masjid on it and - all praise be to Allah - a benefactor donated a land in a suitable place where we built the Masjid. We started praying in this new Masjid and I was one of the contributors to building it. My questions now are: Firstly, must I stop praying and offering congregational Salah in the previously-mentioned room, which I built to be a prayer room in the first place? Secondly, is it permissible for me to benefit from it in any way? Thirdly, should I lock it and make no use of it? Guide me in this matter, may Allah reward you!
If you have not pronounced the intention to turn the room in your courtyard into a Masjid and leave it for people to pray in and if you have not opened a door directly leading to it from the street inviting people to come to pray in it, then it is yours and it is still in your possession. It is a part of your courtyard and you have the right to dispose of it as you do of any part of your property. (Part No. 16; Page No. 91) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.