Building a Mosque in an Old, Disused Graveyard

Question

There is a piece of land in which there are many graves; among them are some graves that have become completely level, and some graves that are still whole and intact. Can the old graves in such a place be levelled and a mosque built, or not? And if a mosque has been built, can prayer be performed in it or not?

Answer

If the graveyard has become old, such that the dead have turned to dust, and burial there has now been stopped, and because the graveyard is closed and lies empty there is a fear that someone will seize it by usurpation, then it is permitted to level the old graves and build a mosque there. If the work is done by mutual consultation, then, God willing (in sha’ Allah)

Source: Fatawa Mahmudiyya

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