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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Building a school on land endowed as a cemetery

Machine translationRead the Arabic original
Question:
We bought a piece of land in Yemen that has been available for sale for one hundred and fifty years. It is agricultural land. When we wanted to build a house on it, some dead bodies were found, so we learned that it was a cemetery. We then endowed it as a cemetery. Afterwards, a Dutch company came wanting to build a school for girls on this land as a donation. There is no other land in the village that anyone would donate for building a school. What is the ruling on this? We ask for guidance, knowing that we did not take any money in exchange for building the school on this land.

Answer:
It is obligatory to fence this cemetery, and no one should build in it, whether a partner or anyone else. The deceased have the right to it; the deceased have the right to it. They were buried there and it became their dwelling, so it is not permissible to encroach upon them. It is obligatory that this cemetery be fenced and preserved, and the sanctity of a Muslim after death is like his sanctity while alive. Yes.

The presenter:
May Allah reward you, Your Eminence the Shaykh
Source قناة «العلامة الدكتور صالح الفوزان»، 141/103 شرح زاد المستقنع/ صالح الفوزان — youtube.com (18:08)

The Arabic text is a machine transcription of the audio recording.

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