Q: There is a qabrastan in our town which runs under the management of our masjid and I work as a supervisor there. As we have limited space in our qabrastan we have to refill the mud every 5 to 10 years because we only have one qabrastan in our town. We have tried a lot to find another place for a qabrastan but unfortunately we were not able to find one because of different circumstances as its a hindu nation and the percentage of Muslims in total is only 4.3%.
We have made 3 gates in a boundary to enter the qabristan and we have to make stairs and pillars. Few months ago, a person passed away and was burried in the same qabristan and unfortunately the pillar that we were making has been placed slightly on his qabr but not totally on it.
We are facing a lot of issues regarding this so can you please inform us if shariah allows us to do this since the work is almost finished and its very hard to break down the pillars again.
A: If it is in order to fence the boundary of the qabrastan then it is permissible.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)