Establishing a Religious Madrasa in a Graveyard; the Ruling Changes When Graves Become Old

Question

In the small town of Pilkhuwa there is a graveyard situated right inside the inhabited area. From 1953 to 1964 burials in this graveyard had stopped owing to opposition from the local municipal board: the chairman at that time wanted to run a road through the middle of the graveyard and take it, at the municipal board’s expense, to the mill adjoining the graveyard. The Muslims stopped this road through the court, so that the said road has not been built to this day.

Answer

If there is a strong fear that the waqf graveyard will be lost and there is no way of protecting it, then in such a case it is permissible to establish a religious madrasa there, in which the Noble Qur’an — reading from the mushaf and memorisation (hifz) — fiqh, hadith and tafsir are taught.

Source: Fatawa Mahmudiyya

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