Impermissibility of using land dedicated as Waqf to be a graveyard in any other way
(Part No. 16; Page No. 101)
All praise be to Allah Alone, and peace and blessings be upon the one after whom there shall be no prophet.The Permanent Committee for Scholarly Research and Ifta’ reviewed the letter that was sent to His Eminence the Grand Mufty (Islamic scholar qualified to issue legal opinions), by His Excellency the Minister of Islamic Affairs, Endowments, Da‘wah and Guidance, no. 5/3/1735 on 12th Shawwal, 1418 A.H., which was forwarded to the committee by the General Secretariat of the Council of Senior Scholars, no. 6266 on 24th Shawwal, 1418 A.H. The letter from His Excellency reads as follows: "Your Eminence the Grand Mufty
Kingdom of Saudi Arabia,
Chairman of the Council of Senior Scholars and Departments of Scholarly Research and Ifta’ - may Allah protect you. As-salamu ‘alaykum warahmatullah wabarakatuh (May Allah’s Peace, Mercy, and Blessings be upon you):I ask Allah to always keep you in good health and well-being. I refer this matter to you from the north
There is a place called Al-Sabiliyyah, whose owner, Ibrahim ibn Sulayman Al-Sayyary, has created it as a Waqf (endowment) to be used to make adobes for a cemetery, on the condition that if the current cemetery becomes full that he is to be buried in the aforementioned place. The Ministry of Islamic Affairs, Endowments, Da‘wah and Guidance issued a title deed clarifying this from the Court of
no. 62 on (Part No. 16; Page No. 102) 29th Rajab, 1411 A.H. This land has become now within the governorate and its soil cannot be used to make adobes any more and there does not seem any need up to now to use it as a cemetery. A proposition was made to invest in this land and use its income for graveyards. I hope that you will advise me about the permissibility of doing this."
Having studied the question, the committee answers as follows:
original ruling on a Waqf stipulates that it is obligatory that the condition laid down by the donor is to be carried out as specified. It is not permissible to use it in a way that contradicts the conditions set by the donor or the objectives that the donor intended to be met from the Waqf. As the donor made this land a Waqf to make adobes for graveyards, and made it a condition that if the public graveyard has become full that he is to be buried in the aforementioned land, and as the land’s soil cannot be used now to make adobes, it is to be left until the current graveyard is full. It is then to be used as a cemetery when it is needed, whereby the condition laid down by the donor is fulfilled and it also realizes the higher aim he set for this land, i.e., to make it a public graveyard where he can be buried. This will widen the scope of its benefit and he will be rewarded for it, if Allah wills. May Allah grant us success. May peace and blessings be upon our Prophet, his family, and Companions.