Question

In Sri Lanka all Muslim burial grounds belong to mosques.In one area, two mosques have built shops and public markets (for rent) for mosque maintenance. Already they have enough income from other sources. These mosques have more than five different burial grounds. Nowadays, burial grounds are shrinking and there is a danger to disappear after a decade.

Also they gave free some burial ground land to the Government and were used for constructing buildings. I have following questions.

In sharia, is it allowed to construct buildings in burial grounds? 2. This income can be used for mosque's maintenance? 3. Is it allowed to rent a shop which has been constructed in this area? 4. Does the mosque's admin board have authority to sell or build buildings?

Answer

It is established that the sanctity of a dead Muslim is the same as that of a living Muslim. If a Muslim is buried in a particular place, then this place is endowed to him and it is absolutely impermissible to dispose of it in any way.

However, some scholars permitted using demolished graves which have not been used for a long time for the interest of the public as long as there is no other place for construction. If this is the case, it is legally permissible to build over disintegrated graves. As for new graves which are still being used for burials, it is impermissible to use them for any other purpose.

The Ruling

It is permissible to build over disintegrated graves and rent shops and use their proceeds towards maintaining mosques. Otherwise it is not permissible as previously mentioned.