A House, a Toilet and the Like in an Old Graveyard

Question

Question: A house has been built in a graveyard, and the graves have become completely level, with no trace of them remaining; but it is known that there were graves here. Is it permissible to build a toilet in this house or not?

Answer

If that graveyard is not a waqf but owned property, and the graves are so old that the deceased will have turned completely into earth, then the rulings of a graveyard no longer apply to it: it is permissible in the Shari‘a for the owner, and for others with the owner’s permission, to build a house there, and building a toilet is also permitted.

Source: Fatawa Mahmudiyya

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