Resolution No.(139)(4/2010) by the Board of Iftaa`, Research and Islamic Studies: "Ruling on Changing the Use of the Land Endowed as a Graveyard"
Date: 23/4/1431 AH, corresponding to 8/4/2010 AD.
All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
During its third session held on the above given date, the Board of Iftaa` reviewed the question whereby the Ministry of Awqaf expressed its desire to exchange a piece of land endowed as a graveyard for another piece of land.
After thorough studying and deliberating, the Board decided the following:
In principle, an endowment can neither be sold nor given as a present, nor bequeathed, as indicated by the Hadith of Ibn Umar. When `Umar got a piece of land in Khaibar, he came to the Prophet (PBUH) saying, "I have got a piece of land, better than which I have never got. So what do you advise me regarding it?" The Prophet (PBUH) said, "If you wish you can keep it as an endowment to be used for charitable purposes." So, `Umar gave the land in charity (i.e. as an endowment on the condition that the land would neither be sold nor given as a present, nor bequeathed)"{Bukhari&Muslim}.
Therefore, if the state, the municipality, or a person has endowed a piece of land as a graveyard, then it is obligatory that it is used as such, because the condition set by the owner of the Waqf(endowment) must be abided by.
Accordingly, due to the fact that people have already been buried in this graveyard, the Board believes that exchanging it for another piece of land is impermissible, because if it has been endowed as a graveyard, it must be used as such until the Day of Resurrection. And Allah knows best.
Chairman of the Iftaa` Board, Grand Mufti of Jordan, Dr. Abdulkareem al-Khasawneh
Vice Chairman of the Iftaa` Board,
Dr. Ahmad Hilayel
Dr. Yahia al-Botoosh/ Member
Sheikh Sa`eid Hijjawi/ Member
Dr. Mohammad Khair al-Eesa/ Member
Judge Sari Atieh/ Member
Dr. Abdurahamn Ibbdah/ Member
Dr. Mohammad Okla/ Member
Dr. Abdunnasir Abulbasal/ Member
Dr. Mohammad Al-Khalayleh/ Member
Dr. Mohammad al-Gharaibeh/ Member
Dr. Ahmad Al-Hasanat/ Executive Secretary of the Iftaa Board