The ruling on building over old, buried graves
Machine translationRead the Arabic original
Question:
Honorable Shaykh, I heard one of the students of knowledge say that old graves have been buried, so perhaps any mosque or any house has a grave underneath it, and that the parts of the deceased have scattered in the earth. What is the ruling on this statement?
Answer:
This is not permissible. If it is known that this is a graveyard, or that this is a grave, then it is not permissible to build a house on it or to establish a farm on it, because it has become the property of the dead, an endowment for them, and their dwelling. Therefore, it is not permissible to harm them, even if a long time has passed. As long as it is known that it is a graveyard, or that this is a grave, even if the period is long, it is not permissible to violate it. Yes.
Honorable Shaykh, I heard one of the students of knowledge say that old graves have been buried, so perhaps any mosque or any house has a grave underneath it, and that the parts of the deceased have scattered in the earth. What is the ruling on this statement?
Answer:
This is not permissible. If it is known that this is a graveyard, or that this is a grave, then it is not permissible to build a house on it or to establish a farm on it, because it has become the property of the dead, an endowment for them, and their dwelling. Therefore, it is not permissible to harm them, even if a long time has passed. As long as it is known that it is a graveyard, or that this is a grave, even if the period is long, it is not permissible to violate it. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع كتاب الجنايات - 2 — islamhouse.com (58:51)
The Arabic text is a machine transcription of the audio recording.