Burying one’s deceased in someone else’s land

Question

The respected Karimullah Khan has a private, personal, family-owned graveyard. In this graveyard only the dead of that family have been buried, but out of some sympathy Zayd was given permission to bury his dead on the condition that he would not bury his dead without the permission of the manager and mutawalli (custodian). Now, since space has become scarce, the present manager and mutawalli does not give permission to bury in the graveyard.

Answer

If that graveyard is privately owned (mamluk) and not a general waqf, then it is not correct for anyone to bury his deceased there without the owner’s permission. If Zayd’s heirs bury there without the owner’s permission, they will be committing an impermissible act, and the owner will have the right to demand that his land be vacated.

Source: Fatawa Mahmudiyya

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