Building schools in graveyards
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Fatwa number ( 16624 )
Q: We are from the sons of Yemen residing in the Kingdom, and we have a school in Yemen that was established in a graveyard serving our village and neighboring villages. It has a high demand that exceeds its capacity, and the number of students increases there year after year. The school is more than fourteen years old. A charitable association was established in the area that serves through it the Book of Allah and the Sunnah of His Messenger, and helps the needy to the best of its ability. It is new, and one of the benefactors offered to the association to donate the construction of an additional classroom for the aforementioned school through the charitable association, desiring to draw near to Allah (Glorified and Exalted is He) thereby. Also, one of the benefactors donated a piece of land that he endowed to Allah, which is approximately five hundred meters away from the current school. If we build the classroom on that land, it will be difficult for the teachers to travel to it, and the association cannot afford to build another school at its own expense. The school is in urgent need of the donated classroom due to the large number of students present. The question is:
Is it permissible for us to add the donated classroom to the school currently located in the graveyard as I mentioned? Please rule on this, may you be rewarded.
A: It is not permissible to use the graveyard to build a classroom or anything else. It is obligatory to fence the graveyard and avoid desecrating the graves with any use, because the sanctity of a Muslim in death is like his sanctity in life, and because of the prohibition of the Prophet (peace and blessings be upon him) from sitting on a grave or desecrating it in any way. Therefore, the school must be moved to a place free of graves. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We are from the sons of Yemen residing in the Kingdom, and we have a school in Yemen that was established in a graveyard serving our village and neighboring villages. It has a high demand that exceeds its capacity, and the number of students increases there year after year. The school is more than fourteen years old. A charitable association was established in the area that serves through it the Book of Allah and the Sunnah of His Messenger, and helps the needy to the best of its ability. It is new, and one of the benefactors offered to the association to donate the construction of an additional classroom for the aforementioned school through the charitable association, desiring to draw near to Allah (Glorified and Exalted is He) thereby. Also, one of the benefactors donated a piece of land that he endowed to Allah, which is approximately five hundred meters away from the current school. If we build the classroom on that land, it will be difficult for the teachers to travel to it, and the association cannot afford to build another school at its own expense. The school is in urgent need of the donated classroom due to the large number of students present. The question is:
Is it permissible for us to add the donated classroom to the school currently located in the graveyard as I mentioned? Please rule on this, may you be rewarded.
A: It is not permissible to use the graveyard to build a classroom or anything else. It is obligatory to fence the graveyard and avoid desecrating the graves with any use, because the sanctity of a Muslim in death is like his sanctity in life, and because of the prohibition of the Prophet (peace and blessings be upon him) from sitting on a grave or desecrating it in any way. Therefore, the school must be moved to a place free of graves. And success is from Allah, and may Allah send prayers and blessings 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.