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Fatwa ID: 84885
Title: what to look for while buying a cemetery
Category: Issues of Muslim Minorities
Scholar: Dr. Main Khalid Al-Qudah
Date: 07/06/2011

Question

We are in the process of buying land for a cemetery project. INSHALLLAH. We would like some Sharia guidance as to what to look for....in the location, construction, burial etc . etc. please send references, printed info so we start off on the right path from the beginning. Jazakallah khair!! Brother Najib


Answer

Alhamdu Lillah

If you are residing in the US, there is a code in your state you need to match to be permitted to operate as a cemetery.

My assumption is that this piece of land is not a part of any excising cemetery for non-Muslims , as Muslims should be buried in their own graveyards without being mixed with people of different faiths.

 Some other guidelines are as follows:

1- The direction of the grave lines must allow the deceased to face the Qiblah while laid down on his/her right side.

2- Sidewalks and sufficient space between graves  are required to avoid stepping on graves.

3- Fencing the whole cemetery is preferred for more privacy.

4- No buildings on the graves at all. Only very small grave signs to identify the grave and its deceased.

5- Having Islamic-funeral home inside the cemetery premises is a plus, but the funeral prayer (Salatul-Janazah) should not be performed in the funeral home in this case.

6- Making the funeral expenses as low as possible, especially for the needy people.

7- Avoiding the burial-as much as possible-during the three different times the Prophet SAAW indicated in the Hadith (Three times in which the Prophet SAAW asked us not to pray nor to bury our deceased; during the sunrise till it is rose up, during zenith till afternoon, and during the sunset till it is set down).