Building a Mosque in a Graveyard

Question

In a village inhabited by other communities there are a few Muslim households, and the Muslims have no land on which to build a mosque in the village. There is a graveyard (maqbara) whose land is recorded in the papers as being for a graveyard. In this graveyard, on one high, elevated spot, there are a few old brick-built graves known by the name “Shahid-ware”; around them, it has been established by investigation, there is no grave.

Answer

In the situation asked about, it is permissible to build a mosque there, on condition that the spot is not needed for burying the dead — this too must be taken into account. The graves must not be in front of those praying; rather, a wall should be placed in between as a partition.

Source: Fatawa Mahmudiyya

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