Is it permissible to bury the deceased in a house that the person does not own, even if he is the village governor?
It is not permissible for the ruler or anyone else to dispose of people's properties by burying the dead in them or by any other means. Indeed, one of the ruler's duties is to preserve people's properties, for the Prophet, peace and blessings be upon him, said: "Each of you is a guardian and is responsible for his subjects," and he also said: "The property of a Muslim is not lawful except with his willing consent." An exception to this is if the cemetery becomes too small to bury the dead and public interest necessitates its expansion into adjacent houses. In such a case, the Muslim ruler or his deputy may expropriate property for the public good. If the conditions are met, the authorized village ruler may expropriate the houses intended for the expansion of the cemetery and order burials therein, as they are no longer owned by their former proprietors.
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