Dense trees in a cemetery
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Fatwa No. ( 20424 )
Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. And after that: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from the Governor of al-Ta'if , reference number (1690 / 2 / 1), dated 15 / 5 / 1419 AH, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with reference number (3133) and dated 18 / 5 / 1419 AH. His Excellency requested the Committee to examine the letter addressed to him by the Honorable Director General of Agriculture and Water in al-Ta'if , which included a request to look into the complaint filed by the citizen (H. A. 'A. T.), in which he stated that there are dense trees in a cemetery adjacent to his property located in al-Shifa, (the land of al-Tulihat), and that they have harmed his agricultural property, along with some stones falling from this cemetery onto his property. He requests permission to be granted
After studying the inquiry, the Committee issued a ruling that the aforementioned cemetery should be walled with a barrier that protects it from desecration and trespassing, and prevents the harm caused by stones falling from this cemetery onto the property of the one named (H. A. T.). The municipality under which this cemetery falls must take the initiative to wall it and repair the ruined graves. As for cutting down the trees present in this cemetery, if it is possible to cut them using hand tools such as saws, by cutting the parts above ground level without affecting the graves or causing harm to them, then there is no objection to doing so. However, uprooting them from their roots or cutting them using heavy machinery such as a tractor or backhoe, or similar equipment, is not permissible; because of the harm this causes to these graves and the violation of the sanctity of those buried there, for the sanctity of a human being in death is like their sanctity in life. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
After the Committee studied the inquiry, it issued a ruling to enclose the aforementioned cemetery with a wall that preserves it from desecration and trespassing, and prevents the harm represented by stones falling from this cemetery onto the property of the one named (H. A. T). And
the municipality under which this cemetery falls must take the initiative to enclose it, along with repairing the crumbling graves. As for cutting the trees present in this cemetery, if it is possible to cut them with hand tools such as saws, by cutting the parts above ground level, and this does not affect the graves or cause harm to them, then there is no harm in that. However, uprooting them from their roots or cutting them with heavy machinery such as a tractor or backhoe, or the like, is not permissible; because of the harm this causes to these graves and the violation of the sanctity of the one buried there, for the sanctity of a dead person is like the sanctity of a living person. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad, his family, and his companions.
Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. And after that: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from the Governor of al-Ta'if , reference number (1690 / 2 / 1), dated 15 / 5 / 1419 AH, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with reference number (3133) and dated 18 / 5 / 1419 AH. His Excellency requested the Committee to examine the letter addressed to him by the Honorable Director General of Agriculture and Water in al-Ta'if , which included a request to look into the complaint filed by the citizen (H. A. 'A. T.), in which he stated that there are dense trees in a cemetery adjacent to his property located in al-Shifa, (the land of al-Tulihat), and that they have harmed his agricultural property, along with some stones falling from this cemetery onto his property. He requests permission to be granted
After studying the inquiry, the Committee issued a ruling that the aforementioned cemetery should be walled with a barrier that protects it from desecration and trespassing, and prevents the harm caused by stones falling from this cemetery onto the property of the one named (H. A. T.). The municipality under which this cemetery falls must take the initiative to wall it and repair the ruined graves. As for cutting down the trees present in this cemetery, if it is possible to cut them using hand tools such as saws, by cutting the parts above ground level without affecting the graves or causing harm to them, then there is no objection to doing so. However, uprooting them from their roots or cutting them using heavy machinery such as a tractor or backhoe, or similar equipment, is not permissible; because of the harm this causes to these graves and the violation of the sanctity of those buried there, for the sanctity of a human being in death is like their sanctity in life. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
After the Committee studied the inquiry, it issued a ruling to enclose the aforementioned cemetery with a wall that preserves it from desecration and trespassing, and prevents the harm represented by stones falling from this cemetery onto the property of the one named (H. A. T). And
the municipality under which this cemetery falls must take the initiative to enclose it, along with repairing the crumbling graves. As for cutting the trees present in this cemetery, if it is possible to cut them with hand tools such as saws, by cutting the parts above ground level, and this does not affect the graves or cause harm to them, then there is no harm in that. However, uprooting them from their roots or cutting them with heavy machinery such as a tractor or backhoe, or the like, is not permissible; because of the harm this causes to these graves and the violation of the sanctity of the one buried there, for the sanctity of a dead person is like the sanctity of a living person. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad, his family, and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.