Removing Graves That Lie in the Path of a Road

Question

The responsible officials of the Corporation (municipal body) here say that all the shrines that fall in the path of the road they will lift with a crane and rebury in another place with full respect. Can this be done? Some ‘ulama consider demolishing or removing shrines, in their own view, to be interference in religion, whereas the officials of the Poona Corporation are of the opinion that it would be better if some honourable compromise were reached in this matter.

Answer

If these graves are on waqf land, it is not proper to use that land for some other work contrary to the intention of the waqif (endower), [ar]لأَنَّ شرط الواقف كنص الشارع[/ar] “because the stipulation of the waqif is like the text of the Lawgiver.

Source: Fatawa Mahmudiyya

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