Selling land given for the general benefit

Question

Question: A long time ago a Hindu landlord instructed the people of our village to set up a graveyard on one plot of land and, on a plot included in the graveyard’s land record, a burial ground for dead animals. The land of the said graveyard is about four or five bighas (a local unit of land area). On one edge of the graveyard there is a plot of about one kattha (a local measure of land area, 1/20 of a bigha); no deceased person has ever been buried in this plot.

Answer

Since that person gave this land for the general benefit of the Muslims, and now no benefit is being derived from it, it is proper, with everyone’s consultation, to put this land to such a use in which there is general benefit. For example, an elementary religious school or madrasa may be built there in which everyone acquires religious education.

Source: Fatawa Mahmudiyya

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