Mufti Online — Madrasah Ta'leemuddeen

Building toilets in the graveyard

· 11 Rabiʻ II 1438 AH1 min readEnglish

Question

Are you allowed to build a toilet in the qabrastan or must it be built in a separate area?

Answer

If the one who had given the land as waqf allowed the building of toilets on the land, it will be permissible. However if it is not known then since there is a general practice that in the qabrastaans there are facilities for the janaazah salaah, wudhu and toilets, it will be permissible to construct a toilet on the land to facilitate the needs of Muslims.

And Allah Ta'ala (الله تعالى) knows best.

References (Arabic / Urdu sources)

شرط الواقف كنص الشارع أي في المفهوم والدلالة ووجوب العمل به (الدر المختار 4/433)

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/17709
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-17709

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