Exchanging Privately Owned Graveyard Land

Question

Question: There was a plot number (a plot in the land register) that was an orchard, in which our old graveyards have existed from long ago, and of which we are the owners. On these plot numbers there is no name or trace of the old graves. Some time ago the orchard was cut down and this plot was taken under cultivation, and even now it has long been under our cultivation; only the place where our recent graves are has been left.

Answer

If that place is not a waqf but your property, then it is permissible for you in the Shari‘a to exchange it in the manner described.

Source: Fatawa Mahmudiyya

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