Using stones lying in the graveyard to build an enclosure wall

Question

The graveyard of our village is centuries old. Here and there sizeable heaps of stones and bricks lie about, but the graveyard has no secure compound wall, and the graves are being dishonoured. We therefore intend to build a compound wall. May the stones and bricks mentioned be used for this?

Answer

If in an old graveyard there is a heap of bricks that belong to no owner, and an enclosure is to be built for the graveyard’s protection, then it is correct according to the Shari‘a to use these bricks for building its boundary wall (walls on all four sides).

Source: Fatawa Mahmudiyya

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