Burying in a Designated Graveyard Without Permission

Question

A piece of land is designated as a graveyard for one family; the dead of that family are buried in this land. The general public are not permitted to bury their dead there in the ordinary way, nor do they do so. If some unconnected person buries his dead in this graveyard without the permission of the members of that family, is this permissible or impermissible? If permission must be obtained, are all the members of the family needed, or is that of only one or two persons sufficient?

Answer

If that land has been made waqf in the Shar‘i manner, one should act in accordance with the stipulations of the waqif. If there is permission from the waqif, burial is proper; if the burial of unconnected persons is prohibited, burial is impermissible: [ar]شرائط الواقف معتبرة إذا لم تخالف الشرع، وهو مالك، فله أن يجعل ماله حيث شاء ما لم يكن معصية، وله أن يخص صنفًا من الفقراء…

Source: Fatawa Mahmudiyya

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