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Is it allowed to construct buildings in Muslim cemeteries?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
In Shariah, Is it allowed to construct buildings in Muslim Cemeteries? In Sri Lanka, Cemeteries are belongs to Masjids. In recent years, Masjid Administration Boards have contructed shopping complexes to create income for Masjid’s maintenance. This is really disturbing me much. If it is not allowed (haram) in Islam, can we pray in these kind of Masjids?, I expect a very very detail response from you. I am collecing opnions and articles from all the sources and going to fight against this issue in Sri Lanka. Please provide very detail reposne based on shariah.

Answer

(Fatwa: 1370/1387=L=1430)

A land should be used in the same purpose for it was endowed; therefore erecting building on Muslim cemetery is not lawful:

قال فی الشامی: مراعاۃ غرض الواقفین واجبۃ

It was wrong from Masjid administration board to construct shopping complex, but it is allowable to perform salah in the same mosque.

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.

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