We have a very large and old graveyard which is registered as WAQF property in Waqf Board. The Qabrastan had been managed and looked after by our community for centuries. The mutawalli of the Qabrastan intend building some shops on the 4 to 5 meter wide side of the graveyard adjacent to the road where there are no graves. The rental from these shops will easily pay for the day to day expenses and maintenance of the graveyard. There is a small mosque too built inside the premises of this Qabrastan. So, salary of the IMAM could also be generated from these shops easily. These shops also might help in preventing and checking the illegal encroachment of the graveyard. We also wish to bring to your notice that our community as a whole is not very well stood, so it is very difficult for us to raise the funds from the community for the maintenance. Our question is that is it permissible to build shops on the land of the WAQF-GRAVEYARD for such purposes?
بسم الله الرحمن الرحيم
A graveyard that is waqf for the burial of dead ones it must be used for the same purpose.
لإن مراعاة غرض الواقفين واجبة، وشرط الواقف كنص الشارع
So in the question mentioned above, if dead bodies are buried in the graveyard then it is not lawful to construct shops and give on rent. The expenses of the graveyard and the salary of Imam should be arranged by some other means.
Note: The answer is correct. In order to save the graveyard from illegal encroachment, boundary wall should be erected.
Allah knows Best!
Darul Uloom Deoband