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The question

What is the ruling of Islamic Sharia on digging graves near residential homes on commonly owned land, given the objection of one of the partners, and is it permissible to object to this while pledging to provide an alternative?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

None of the partners in a jointly owned land may dispose of it by designating a part for a cemetery without the consent of the others. If some insist, the objector has the right to demand the division of the land and take his share. It is not permissible to establish a cemetery on his share without his consent, as it is a forbidden usurpation. The Prophet, peace and blessings be upon him, said: "Indeed, your blood, your properties, and your honor are sacred among you." And whoever wrongs [takes] a hand span of land, it will be encircled around his neck from seven earths.

It is also advisable to resort to the judiciary in case of dispute.

There is nothing in Islamic law that prevents living next to a cemetery, but it is better to keep cemeteries away from residential areas to preserve them.

Coercion into accepting the presence of a cemetery on one's land is not valid. However, if it is outside one's land, there is no right to object unless there is a proven harm, in which case one can demand the removal of the harm. It is stated in Al-Kafi: "The owner is not allowed to dispose of his property in a way that harms his neighbor." And Ibn Uthaymeen said: "The general rule is to prevent harm to neighbors, and if they differ, then one refers to experts in the matter."

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
159808
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy