Graves are a Waqf (endowment) for those who are buried in them
Question: 4658
I live in one of the Muslim
countries and I have a piece of farmland. When I was digging, I found some ancient graves
on the eastern side, but I found nothing in them except some old bones. I need this land,
so what is the ruling in this case?
Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.
From what you say, it seems that the land you
are asking about is a graveyard and that your farm borders it on the west. It is not part
of your farm, since when you dug in it you found old graves containing bones, as you
admit. It does not belong to you and it is not part of your farm, rather it is a Waqf
(endowment) for those who are buried there, and it is not permissible for you or anyone
else to take possession of it or use it for residential purposes, farming, construction,
erecting tents or any other purpose. May Allaah bless our Prophet Muhammad and his family
and companions.
Source:
Al-Lajnah al-Daa’imah
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