Graves are a Waqf (endowment) for those who are buried in them

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One of our brothers/sisters has asked this question:
I live in one of the Muslim countries and I have a piece of farmland. When I was digging, I found some ancient graves on the eastern side, but I found nothing in them except some old bones. I need this land, so what is the ruling in this case?
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Praise be to Allaah.

From what you say, it seems that the land you are asking about is a graveyard and that your farm borders it on the west. It is not part of your farm, since when you dug in it you found old graves containing bones, as you admit. It does not belong to you and it is not part of your farm, rather it is a Waqf (endowment) for those who are buried there, and it is not permissible for you or anyone else to take possession of it or use it for residential purposes, farming, construction, erecting tents or any other purpose. May Allaah bless our Prophet Muhammad and his family and companions.

Whatever written of Truth and benefit is only due to Allah's Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

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