The Ruling on Using the Land of Old Graveyards

Question:
That is, graves that have been there for more than a hundred years and are scattered among the farms. It is obligatory to cultivate them and raise the ground at their location for planting or other purposes.

Answer:
As long as it is known that they are graves, it is not permissible. As long as it is known that it is a graveyard, it is not permissible, even if you negotiate with the people who own it. Rather, it must be preserved, because it contains the remains of the dead. It is to be preserved and leveled, so it is not permissible to use it. What some jurists mentioned, that after a hundred years permission is granted to use it after a hundred years, that he may use it and there is no blame on him, is based on the assumption that their bodies have decomposed. Allah knows best; not all bodies decompose. Some remain, such as the bodies of the martyrs and the bodies of some of the believers, which do not decompose. Also, their soil and dust have virtue. Therefore, it is not permissible to use the land, even if a long time has passed.