Burying the dead in a Chamar’s land

Question

The people of our village forcibly began burying their dead in the land of the Chamars (an Indian caste of leatherworkers, regarded as low). When the Chamar died, the land passed into the names of his sons, and they kept paying the land revenue; and now, in the consolidation of landholdings, the Chamars have exchanged this field with Mawla Bakhsh. The question is: is it permissible for Mawla Bakhsh to make use of this field or not? (2)

Answer

Burying the dead in a Chamar’s land without his permission and without his consent is oppression (zulm) and usurpation (ghasb). Since that land has come into the ownership of Mawla Bakhsh, he has the right to say to those who buried their dead [there]: “Take your dead out of here and bury them elsewhere, otherwise I will cultivate here.

Source: Fatawa Mahmudiyya

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