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What is the ruling on benefiting from land upon which a pen/enclosure (ḥawsh) has been erected, and it is said that there are old graves within it whose occupants are unknown, as is their exact location, and what should be done if traces of these graves are found?

1 min readAlso available in العربية

If the land is an endowment (waqf) for a cemetery, then it is not permissible to seize it and use it for private purposes except under the conditions stipulated by the endower. However, if it is not an endowment and not owned by anyone, and the father enclosed and reclaimed it, then he may benefit from it. Regarding the graves within it, if the deceased has decomposed and turned to dust, it is permissible to use the land for building and agriculture. But if some traces of the deceased remain, it is not permissible to exhume the grave. Scholars have agreed on the permissibility of exhuming a grave if the deceased has decomposed and turned to dust. In such a case, it is permissible to bury another person in it, cultivate that land, build upon it, and utilize it in all other ways. This varies depending on the country and land, and the opinion of experts should be relied upon in this matter.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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