Building a Mosque on a Platform in a Graveyard Where Prayer Is Performed

Question

There is a tract of land with an area of about 12 bigha (bigha: a local measure of land area). In one part of this land, while holding it in proprietary possession, they have been burying their dead, and a fairly considerable part of the said land is number (?); in this number (?) of cultivated land, for a long time a mosque has existed in the form of a raised platform; the owners gave some permission, and on it Muslims have been praying.

Answer

Since this place is not a waqf graveyard, and there is a platform on it for prayer, and the owners have given permission, then giving it the form of a mosque and constructing it is valid according to the Shariʿa.

Source: Fatawa Mahmudiyya

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