The establishment of commercial stores on the edge of a cemetery

(Part No. 11; Page No. 286)  Fatwa no. 21234 All praise is due to Allah, and peace and blessings be upon the Last of the Prophets, to proceed:The Permanent Committee for Scholarly Research and Ifta' reviewed what was received by the Grand Mufty from the questioner, the Chairman of the Charitable Society in Darin, and referred to the Committee from the Secretariat General of the Council of Senior Scholars, no. 5743, dated 22/11/1420 A.H. The questioner asked the following:We hope you will give us Fatwa (legal opinion issued by qualified Muslim scholar) concerning the establishment of stores on the edge of the major cemetery in Darin from the southern and western sides. The cemetery is surrounded by main commercial streets. Thus, we are thinking of exploiting these two parts to use their income for the repair and maintenance of the Masjid (mosque) and cemetery in Darin only, taking into consideration that there are no graves under these parts according to the attached copy of the report, which was signed by the elderly men of the town. When the cemetery was fenced by the municipality, a wide piece of land separated the fence from the graves. This is the required place. Moreover, the cemetery is large enough, and exploiting these two locations will not affect its space. May Allah reward you with the best, and make you beneficial to Islam and Muslims.

After the Committee studied the Fatwa request, it answered that it is not permissible to deduct any (Part No. 11; Page No. 287) piece of land from the cemetery either for the mentioned purpose or for any other one, and whether or not it includes graves.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family and Companions.