Is it permissible to build another cemetery above the current illegitimate cemetery—due to the rise in groundwater levels and the widespread custom of burying the dead above ground—such that the upper one is for women and the lower one is for men, or should men and women be buried together in the existing cemetery?
Placing the deceased on the ground without digging is not sufficient, because the minimum requirement for a grave is a pit that prevents the emanation of odor and prevents wild animals from disturbing the deceased. Similarly, preparing rooms below or above ground and placing the dead in them without digging and burial is not sufficient, and some jurists have forbidden burial in them. The solution is burial in the earth, and if it becomes full, and if it is highly probable that the old deceased have disintegrated, then it is permissible to bury in their place.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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