Masjid in the graveyard

Fatwa no. 16727 All praise be to Allah Alone, and peace and blessings be upon the Last of the Prophets. To proceed: (Part No. 7; Page No. 255) The Permanent Committee for Scholarly Research and Ifta' has read the Fatwa request submitted to his Eminence the Grand Mufty. It was referred to the Committee by the Council of Senior Scholars no. (3560) dated 6/8/1414 A.H. In his inquiry for Fatwa, the brother asks what the Islamic view is regarding an old Masjid (mosque) in a graveyard in their neighboring country Al-Ahsa', which is designated for offering Janazah (Funeral) Prayer. He also asks about the new Masjid they have begun to build in the graveyard for offering Janazah Prayer and performing Salah (Prayer) in general.The request has been referred to His Eminence the Chief Justice of the Courts of Al-Ahsa' through letter no. (2384/2) dated 22/8/1414 A.H. To form a committee consisting of the court, emirate, the Committee for the Propagation of Virtue and the Prevention of Vice (CPVPV), and the municipality in order to inspect the graves and prepare a detailed report. The reply was received through letter no. (3309/1) dated 23/10/1414 A.H. Attached with a report by the committee that inspected the grave site. Following is what was stated in this report:We want to inform you that the site in question was inspected by us where we found that it lies within the graveyard, just one meter away from the eastern wall of its fence. It also lies about one hundred and twenty five meters away from the old building. Its length is 20 meters and its width is ten meters. It has an attached facility whose length is 15 meters and 5 meters in width. Construction is still underway and the land where it is being built is part of (Part No. 7; Page No. 256) the graveyard; therefore, offering any other Salah than that of Janazah is not in accord with Shari`ah (Islamic law). It is located far away from the village, and there are neither buildings nor people living near it. We opine that if there is a piece of land owned by the municipality near the graveyard yet outside it where the Masjid can be built; this is best and preferable, especially if it is on the western side of the graveyard in order for it to be near the village. This is what must be presented for consideration. May peace and blessings be upon our Prophet Muhammad, his family, and Companions!

After studying the matter, the Permanent Committee for Scholarly Research and Ifta' issued a Fatwa that the buildings, both the old and the new, should be removed since they are part of the land of the graveyard. It is not permissible to build a Masjid specified for offering Janazah Prayer or any other Salah within the graveyard. The municipality of the area should remove them both under the auspices of the committee by whom the report was prepared.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.