Registering the ownership of Masjids built abroad in the name of the association in charge of it

Q: An Islamic Association in Germany has hired a floor in a building and used it as Masjid (mosque) for performing Salahs (Prayers). Since it was hard for the Muslims to afford such rent, a member of the board of directors in the said Association, being authorized to purchase the place and register it in his name, has spoken to some of his charitable relatives to give Sadaqah (voluntary charity) for the Masjid. They agreed to pay the needed money as a part of their Sadaqah to buy this Masjid with the intention of it being a Sadaqah Jariyah (ongoing charity). They set a condition which stated that the mentioned Masjid should be registered in the name of the person mentioned above, not the Association on account of their trust in him. It should be known that this Association is a legal personality which has the right of ownership and its possession is preserved. Besides, its constitution which is its principal law certified by the German Authority, stipulates that if the Association is dissolved, all its possessions will pass to another Islamic center in Germany. (Part No. 5; Page No. 288) A jurisprudential controversy has erupted among those who perform Salah in this Masjid about the permissibility of registering the ownership of the Masjid in the name of this person. Some people said that this is not permissible; because Masjids belong to Allah Alone. They think that the sound action is that the ownership of the Masjid should be registered in the name of the Association provided that such a person should manage the Masjid’s affairs in conformity with the condition of the donors. Others said that this issue (referring to the registration of the place of the Masjid as a property of this person) is permissible; thus he will be able to carry out the condition of the donors by himself.Is the above-mentioned condition set by the donors permissible according to Shari`ah (Islamic law)?Is the abidance of the above-mentioned person to this condition permissible according to Shari`ah?Is it permissible to register the floor made as a Masjid under the ownership of the above-mentioned person?

A: If the reality of the Islamic Association is as mentioned, it is obligatory to make the floor used as a Masjid under this Association and to register it in its name. This will make the follow-up process of its affairs much easier and will protect its rights. It is not permissible to register the ownership of this place used as a Masjid in the name of any person and it should not be attributed to anyone. This may lead to the loss of its endowment, as the person in whose name the Masjid is registered, his inheritors or some of them, a long time after his death, may claim their ownership of the Masjid, and this may lead to dispute and harm. (Part No. 5; Page No. 289) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.