If land is endowed for the service of the cemetery, it is not permissible to dispose of it in any other way
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Fatwa No. ( 20038 )
Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed the letter sent to His Eminence the Grand Mufti from His Excellency the Minister of Islamic Affairs, Endowments, and Guidance, No. (5 \ 3 \ 1735), dated 12 \ 10 \ 1418 AH, and referred to the Committee by the General Secretariat of the Council of Senior Scholars, No. (6266), dated 24 \ 10 \ 1418 AH. The letter from His Excellency stated: His Eminence the Grand Mufti of the Kingdom, President of the Council of Senior Scholars and the Administration of Scientific Research and Ifta, may Allah preserve him. Peace be upon you and Allah's mercy and blessings. After: I ask Allah for your continued health and well-being. I present to your Eminence that there is land in the north of Dammam Governorate called "al-Sabiliyyah," which its owner, Ibrahim ibn Sulayman al-Sayari, endowed for the bricks of the cemetery, on the condition that if the current cemetery fills up, burials will take place in the aforementioned land. The Ministry of Islamic Affairs, Endowments, and Guidance has issued a deed clarifying this from the Dammam Court, No. (62), on
29 \ 7 \ 1411 AH. This land is now located within the governorate, and its soil is no longer useful for making bricks. No need has yet arisen to use it as a cemetery. A proposal has been submitted to utilize the aforementioned land and spend its proceeds on the cemeteries. Therefore, I request your Eminence's kindness in providing a ruling on the permissibility of this.
After studying the inquiry, the Committee responded that the principle regarding an endowment is that it is obligatory to implement the condition of the endower as he stipulated, and it is not permissible to dispose of it in a manner contrary to what the endower stipulated, or to interfere with it in a way that conflicts with the benefits and objectives the endower expects from his endowment. Since the endower endowed this land and directed it to the bricks of the cemetery, and stipulated that if the public cemetery fills up, burials will take place in it, and since the soil of this land is no longer useful for making bricks, it should remain until the current cemetery fills up, so that it becomes a cemetery when needed. In this way, the condition of the endower is implemented, and his greatest objective, which is contingent upon this land, is realized, namely making it a public cemetery in which people are buried. Thus, its benefit extends to others, and he will be rewarded for that, if Allah wills. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed the letter sent to His Eminence the Grand Mufti from His Excellency the Minister of Islamic Affairs, Endowments, and Guidance, No. (5 \ 3 \ 1735), dated 12 \ 10 \ 1418 AH, and referred to the Committee by the General Secretariat of the Council of Senior Scholars, No. (6266), dated 24 \ 10 \ 1418 AH. The letter from His Excellency stated: His Eminence the Grand Mufti of the Kingdom, President of the Council of Senior Scholars and the Administration of Scientific Research and Ifta, may Allah preserve him. Peace be upon you and Allah's mercy and blessings. After: I ask Allah for your continued health and well-being. I present to your Eminence that there is land in the north of Dammam Governorate called "al-Sabiliyyah," which its owner, Ibrahim ibn Sulayman al-Sayari, endowed for the bricks of the cemetery, on the condition that if the current cemetery fills up, burials will take place in the aforementioned land. The Ministry of Islamic Affairs, Endowments, and Guidance has issued a deed clarifying this from the Dammam Court, No. (62), on
29 \ 7 \ 1411 AH. This land is now located within the governorate, and its soil is no longer useful for making bricks. No need has yet arisen to use it as a cemetery. A proposal has been submitted to utilize the aforementioned land and spend its proceeds on the cemeteries. Therefore, I request your Eminence's kindness in providing a ruling on the permissibility of this.
After studying the inquiry, the Committee responded that the principle regarding an endowment is that it is obligatory to implement the condition of the endower as he stipulated, and it is not permissible to dispose of it in a manner contrary to what the endower stipulated, or to interfere with it in a way that conflicts with the benefits and objectives the endower expects from his endowment. Since the endower endowed this land and directed it to the bricks of the cemetery, and stipulated that if the public cemetery fills up, burials will take place in it, and since the soil of this land is no longer useful for making bricks, it should remain until the current cemetery fills up, so that it becomes a cemetery when needed. In this way, the condition of the endower is implemented, and his greatest objective, which is contingent upon this land, is realized, namely making it a public cemetery in which people are buried. Thus, its benefit extends to others, and he will be rewarded for that, if Allah wills. 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.