Rules Concerning Graveyards: Permissibility of Leasing Cemetery Land for Public Facilities When Its Waqf Status Is Unknown
Practical Laws of Islam as per the teachings of Imam Khamenei
Rules Concerning Graveyards: Permissibility of Leasing Cemetery Land for Public Facilities When Its Waqf Status Is Unknown
English:
Question #2092:
The area where we live is in need of a masjid or a health centre. There are no lands available to build any of these two projects, apart from an unused piece of land that belongs to the cemetery. It is intended that the proceeds from leasing the piece of land to these public services be spent for the needs of the cemetery itself. Is it permissible to lease this land, especially since nothing is known about the specific nature of holding it in trust?
Answer #2092:
If the land was held in trust for exclusive use as a burial ground, it is not permissible to lease or use it to build a masjid, a medical centre, or any other facility. However, it is permissible to put the land to use in any way that could render a service to members of the public in the area provided [a] it is not known by way of evidence that it has been held in trust for burying the dead, [b] it has not been designated as a public place for use as a burial ground for the residents, [c] it did not contain any grave, and [d] its owner is not known.
-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Rules Concerning Graveyards