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Can we use the land for cultivation or to build a house?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Assalamualaikum, We had a piece of land in our native village that my grand-father sold to one of our relative, he then used the land for cultivation of rice. Later on we came to know that there are two or three graves in the same land of our ancestors. Now the relative is planning to sell this land, and after knowing the above mentioned fact we want to buy the same. But we are not sure for what purpose we can use that land, can we use that land for cultivation again or can we build a house there to start living.

Answer

(Fatwa: 1458/1178/L=1430)

Yes, you can purchase the land and use it as you wish. It is permissible to use it for cultivation or building house when the dead bodies are rotten and become mingled in dust provided the land is not an endowment.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.