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Is constructing a graveyard in line with Islamic Sariyah?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
In my native village,there is some Government land property.These land properties are using by side landholders.Some of Villagers are agrred to buid a graveyard in a piece of such government land with taking the land as lease from government say 99 years lease.The graveyard’s work is processing.Note that my village have no graveyard. Please let me know,the constructing of graveyard is right in line with Islami Sariyah.

Answer

(Fatwa: 337/337/M=1432)

If you take the government land on lease, the ownership of government shall remain and it shall have its control and can take it back after the fixed period. In such case, the desecration of graves might take place; hence it is better that the land of public graveyard is endowed that where the dead ones are buried forever. The people of the village should struggle for it. However, in the question mentioned above, if there is no way except taking it on lease and the local Ulama and Muftis do not find any problem, it is allowable to take it on lease and make it graveyard.

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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