What is the ruling of Islamic law regarding a seller retracting the sale of land whose dedication as a gift to the village cemetery was not documented, after the death of the buyer and the passage of more than 25 years, and offering the heirs half the current price of the plot as compensation for the original price he took from their father?
This is a judicial matter that requires hearing from all parties. Nevertheless, we wish to draw attention to two points:
1. If the land was sold, its ownership transfers to the buyer, and if he dies, it transfers to his heirs.
2. The buyer's donation of the land to the village cemetery might be an endowment (waqf), and it requires intention. However, if someone has already been buried in it, it appears that it becomes an endowment by that act, and at that point, it cannot be sold or inherited. An endowment can be established by action accompanied by evidence, such as dedicating one's land as a cemetery and permitting burials in it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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