Building a Madrasa in a Graveyard

Question

There is a village, Karkandla, whose Muslim population is two hundred. There are two graveyards, which may suffice for a period of about fifty years. In the graveyard of this village a mosque is being built, in which prayer has been performed for forty years. Adjacent to the mosque there are two hundred and fifty square gaz (gaz — a unit of length, about a yard, ≈ 0.9 m) of empty land.

Answer

If that graveyard is privately owned, then with the owner’s permission the teaching of a religious madrasa is permissible. If the graveyard is waqf, it is to be used only in accordance with the intention of the waqif.

Source: Fatawa Mahmudiyya

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