Is it permissible to utilize the land of a cemetery, where no one has been buried for over seventy years and no bones were found after excavations, for building schools or other beneficial purposes?
If a grave has become obliterated and it is highly probable that no trace of the deceased remains therein, it is permissible to utilize the land for construction, cultivation, and all other forms of benefit, unless it was endowed for a specific purpose, in which case the condition of the endower must be adhered to. The obliteration of a grave is determined by consulting experts, and this varies depending on the country and the land. So, if the deceased has decomposed and turned into dust, it is permissible to bury another person in the grave, cultivate the land, build upon it, and derive all other forms of benefit, by agreement of the companions (scholars), while taking into account the condition of the endower if the land was endowed for burial.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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