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Land on Which There is an old Grave Whose Inhabitant is Not Known
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Question:
There is a grave in a comer of my land and the, inhabitant of this grave is unknown. The Judge of this town and three old men stood with me at this grave while it was clarified that the grave was in the south-east corner of my land, that it was extremely old, it is not known that the comer in which it was located was an actual graveyard, but the land to the south of my land was a graveyard and burials did not cease there until the number of cars increased and they began to drive around it.
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Answer:
Since the matter is as you have mentioned, that the grave is old and the inhabitant is unknown, and none of the old people who stood with the Judge knows when the occupant was buried and that next to the grave, to the south, lies a graveyard in which burials only ceased after the number of cars increased, the land of this grave must be walled off and it must be excluded from the surrounding land which the person seeking a ruling owns - according to what he says - and that is because the land is originally uncultivated land and the grave was put in that state, especially since there is a public graveyard next to it, according to what has been mentioned. As for the graveyard which is to the south of the land where the grave is situated, if it is not surrounded by a wall, then it is incumbent upon His Excellency, the Judge to define its limits and raise the matter of its being walled off with the concerned authorities. And Allah is the Granter of success. And may peace and blessings be upon our Prophet, Muhammad and upon all his family and Companions.
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Permanent Committee for Research and Verdicts
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Fatawa Islamiyah, volume 5 / page 40-41
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Other subjects of interest:
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