Is It Permissible To Let A Road Pass Over Graves?

Fatwas

Is it permissible to let a road pass over graves?

No matter how old is a cemetery and even if it is not needed anymore, it should be preserved as a cemetery unless there is a situation necessitating it. Selling a cemetery, transferring the bones of the deceased to another cemetery, and constructing buildings and similar structures on the cemetery are not permissible. However, graves may be transferred to another place if there is no other alternative and it is obligatory to meet an inevitable need by letting a road pass over a cemetery for the benefit of the public. Because a public place or property may be sold or its status may be changed if needed by keeping its benefit utilizable for public (Zaylai, Tabyin, III, 331). Letting a road pass over a cemetery may be evaluated in this framework.

Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA