All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
What the Mosque Care Committee collects in donations under the name of mosque expenses and renovations must be allocated for the benefit of the mosque. It is like an endowment for the mosque, and everything allocated for the benefit of the mosque must adhere to the conditions set by the donor, because they are considerable as long as they don`t violate the rules of Islamic Law.
In terms of the beneficiary, what is allocated for the benefit of the mosque is divided into two parts:
The first category includes items specific to the mosque itself and what is inside it, such as carpets, electrical tools, heating equipment, and beneficial books.
The trustee of the endowment—meaning the Ministry of Endowments or the Mosque Care Committee acting on its behalf—must fulfill the conditions set by the donor. If the donor specifies that the proceeds of the endowment are for the mosque without restrictions, then the trustee can purchase what the mosque needs from these items. They can also spend it on repairing and renovating the mosque when necessary, as well as maintaining its facilities. Any surplus from the proceeds can be reserved for further construction and maintenance of the mosque.
If the donor or contributor specifies that the donation is for the construction of the mosque, then the funds must be used solely for construction purposes. This includes building the minaret, making doors and windows, and similar construction-related expenses.
The second category includes items designated for the benefit of those in charge of the mosque, such as housing for the Imam, Muadhdhin (caller to prayer), or caretaker.
If the donor or endowment specifies that the proceeds are for the benefit of those in charge of the mosque, then the funds can be used for the housing, repair, and maintenance of the Imam's, Muadhdhin's, or caretaker's residence, and any other needs they may have.
If donations are collected specifically for the benefit of those in charge of the mosque, then it is permissible to use them for maintaining the housing of the Imam, Muadhdhin, or caretaker, provided that this is done with the permission and approval of the trustee of the endowment, which in this country is the Ministry of Endowments or the Mosque Care Committee acting on its behalf.
If the Mosque Care Committee does not explicitly inform people that it is collecting donations for the mosque itself or its facilities, such as the Imam's residence and others, and people contribute based on the committee's request, then the matter is left to the discretion of the committee as authorized by the trustee of the endowment - the Ministry of Endowments. It is their responsibility to consider the best interests of the mosque and its facilities, including the Imam's and Muadhdhin's residences, when spending the donations. It would be preferable if their request for donations is made in the name of "Mosque Facilities," as spending on associated housing is in the best interest of the mosque.
After reviewing the regulations and instructions outlined in the "Mosques and Quran Centers Regulation," it is found that there is a legal provision giving Mosque Care Committees the authority to manage endowments in a manner that serves the public interest of the mosque.
The following is stated in Article (25/B), of the Mosques and Quran Centers Regulation and its amendments No. (95/2004):
"The Care Committee, under the supervision of the director, shall undertake the following tasks and authorities:
Supervising the cleanliness of the mosque, its courtyards, its affiliated facilities, and assisting in securing their essential needs."
It is within the essential needs of the mosque to provide accommodation for the Imam if the current accommodation is insufficient. In this case, the Committee has the right to arrange with the concerned director of endowments to rent a house using the mosque's funds. This is in accordance with Branch/11 of the same regulation, which states that "any other matters related to its work must be approved, in writing, by the director."
In conclusion, the reconstruction committee can consult with the relevant director of endowments and obtain the required approval regarding the rental of accommodation for the Imam. And Allah the Almighty knows best.