Building a Masjid over an old cemetery

Question: Our Masjid (mosque) in Bayang, in the province of Lanao del Sur, was rebuilt after a destructive earthquake that hit the region in 1955. Its foundations and walls were destroyed, so the officials decided to rebuild it, and agreed to level the part of the earth lying to the eastern side of the Masjid, which was used previously as a graveyard. When they were bulldozing this area, they found human bones and remains, so they reburied them. Some were reburied in the western section of the Masjid inside its courtyard. Is it permissible to establish congregational prayers and Jumu‘ah (Friday) Congregational Prayer in this Masjid?If not, is it possible to solve this issue by building a partition or a separating wall inside the western section of this Masjid where the remains are buried (to separate this section from the rest of the Masjid), as is the case in Al-Masjid Al-Nabawee (the Prophet’s Mosque in Madeenah) in Al-Madeenah Al-Munawwarah, Saudi Arabia? If the answer to this is no, can this issue be solved by building a second floor to perform the obligatory prayers there and leave the first floor open for other purposes than praying? Is it permissible to continue performing the Five Obligatory Daily Prayers in this Masjid until we find another suitable site for building a new Masjid?

Answer: If the current Masjid was not built on a land containing graves, the graves which were placed in its western section should be dug up and the remains should be transferred to the graveyards. If they were the remains of dead Muslims, they should be buried in Muslim graves; otherwise they should be buried in the graveyards of the disbelievers… read more here.

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