Building over Graves
Question :
There is an extremely old graveyard in Hadhramout. (Yemen), and the proof of its ancientness is that some of its graves are facing the direction of Jerusalem. The question is, is it permissible to build over it as it is very old?
Answer:
It is not permissible to build over graves as long as there are clear signs (or markings) that confirm that they are graves, even if they are old. The fact that they are facing Jerusalem is not an evidence of the graveyard's ancientness, nor is it an evidence that its people (in the graves) were not Muslims, as long as it is a Muslim land. Therefore, you must put a preventive wall around it and you may use the rest of your land for planting, building and other things.
Source:
Ash-Shaykh Ibn Jibreen
Fatawa Islamiyah, Vol. 3 Pages 86-87
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