The Dead Have Sanctity
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Question: We have a large mosque where we pray, and it is surrounded by a cemetery on three sides. People have increased in number in this time, and they wanted to expand this mosque, so they took a large part of the cemetery land from the three sides and expanded the mosque at the expense of the graves, where they moved the remains of some graves to other places. What is the legal ruling on this action? Please inform us, may Allah reward you.
Answer: It is obligatory that this matter be referred to the judge of the country, or the mufti in the country, to look into it. However, in general, if the cemetery is pre-existing, it has sanctity. If the dead are buried in public land, they have the right to these graves, and it is not permissible to move them from there except with a valid legal justification.
And the mosque can be expanded without the cemetery, or it can be moved to a place
wider than its current location. In any case, this matter is referred to the judge in the country or the respected mufti in the country to look into it. And success is from Allah.
Answer: It is obligatory that this matter be referred to the judge of the country, or the mufti in the country, to look into it. However, in general, if the cemetery is pre-existing, it has sanctity. If the dead are buried in public land, they have the right to these graves, and it is not permissible to move them from there except with a valid legal justification.
And the mosque can be expanded without the cemetery, or it can be moved to a place
wider than its current location. In any case, this matter is referred to the judge in the country or the respected mufti in the country to look into it. And success is from Allah.