Is it permissible to build on land containing grave remains, or to build a mosque?

The questioner : Hello, yes. Peace be upon you.

The Shaykh : Peace be upon you and Allah's mercy.

The questioner : Let them live.

The Shaykh : Well, may Allah preserve you.

The questioner : I have a question, Shaykh. In our village, the settlement has expanded to include a piece of land said to contain graves. Among those who bought it, one person purchased the land and dug in some parts of it, where he found remains mixed with the soil. He then moved away from that area and dug beside it, intending to build it as a mosque, and he did not find any remains in the new digging. Is it permissible to establish this mosque and pray in it?

The Shaykh : But are you certain that there are graves in it?

The questioner : Yes, Shaykh?

The Shaykh : Are you certain that there are graves in it? I am asking: are you certain that there are graves in it?

The questioner : That is, when he first dug, yes, he found grave remains, so he left them and dug in another part of the same land, where he did not find any remains.

The Shaykh : The part where you found the grave, the part where you found the grave, leave it.

The questioner : What do we do?

The Shaykh : I say: the part where you found the grave, do not include it in the mosque.

The questioner : It was not included in the mosque.

The Shaykh : And the rest has no issues.

The questioner : There is nothing in it?

The Shaykh : The rest has no issues.

The questioner : There is no problem.

The Shaykh : I mean, do you have witnesses that this is a cemetery?

The questioner : No, there are people who say that people used to live in the village and were buried in this place, but the landowner says that he did not seek permission from them, or that he did not find from his father that he had endowed this land or something similar. So he says: whoever has proof that my father endowed it, let him come forward.

The Shaykh : In any case, is the problem with establishing the mosque, or is the problem with owning the land?

The questioner : No, when people claimed against him that this area contains graves, why would he sell it? He said: This is my property and my father's property, and I do not know that my father endowed it. Whoever has proof that my father endowed it, there is no obstacle. And if there were people who were buried without my father's permission, if you think I should leave it, what is your opinion?

The Shaykh : In any case, if it is not proven that he endowed it or that his father endowed it, the default is that it remains his property.

The questioner : It remains my property.

The Shaykh : This is the default.

The questioner : Yes, praise be to Allah. Good.