Building shops in a graveyard

Question

There is the graveyard of the Babugarh cantonment; dogs keep roaming about in it. What about building shops in it? Chamars (members of an Indian caste of leatherworkers, regarded as low) keep wandering about there in filth and throw impurities there. What is the ruling about this?

Answer

If that graveyard is a waqf, then the waqif (endower) endowed it for burying the dead; he did not endow it for building shops and earning income. Therefore, this is not permitted. A wall should be built around it on all four sides, with a single gate for coming and going, so that wrongful things cannot be done in it; and if some caretaker is stationed there, that is even…

Source: Fatawa Mahmudiyya

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