A madrasa on graveyard land

Question

An old graveyard, where traces of graves remain in a few places, and in one part burials are also still going on. However, Hindus keep encroaching on this graveyard by means of liquor and other shops and things of other kinds. Because of this the idea arose that — so that the place would be protected and the encroachment removed as well — a madrasa should be built in which boys and girls would become familiar with a religious environment.

Answer

Since that graveyard lies within municipal limits, burying in it will also be prohibited by law; and the graves that are there are so old that the dead no longer remain in them — they have turned to dust. In such a situation it is permissible to establish a religious madrasa there by mutual consultation; and if, for the madrasa’s expenses, shops are built below with the…

Source: Fatawa Mahmudiyya

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