Praying in a Masjid built over an old cemetery

Q: In the middle of our town, there is an old cemetery which the municipal authorities removed and built a housing complex on top, and buildings for low-income people. Still there is a vast area remaining on which some benevolent people built a Masjid (mosque) to ease prayer for the people in the residence. After the Masjid was fully built, an argument started between the people of the town regarding the permissibility of performing Salah (Prayer) in it. Some supported it and some opposed it. Could you tell us the ruling on this Masjid? Should we destroy it or not? Is performing Salah there permissible or not?

A: In case that the land on which the Masjid was built is free of (Part No. 1; Page No. 419) graves, performing Salah there is permissible otherwise the Masjid should be destroyed.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.