Ruling on Using Trees from a Muslim Graveyard for Mosque Use

Ruling on Using Trees from a Muslim Graveyard

Source: "Ahkam-o-Masail in the Light of the Qur’an and Hadith", Volume 02

❖ Question​

Can a tree from a Muslim graveyard be used for mosque-related purposes or for personal use?

✔ Answer​

A graveyard is considered waqf (endowed) property, just as a mosque is also waqf.
Thus:

✔ Using the tree from a graveyard for another waqf purpose—such as in a mosque—is permissible.
✘ Using it for personal benefit, however, is not permissible.

والله أعلم بالصواب
(Maulana Abdul Salam Bastawi, Ahl-e-Hadith Delhi, Vol. 9, Issue 1)

❖ Explanation:​

The mutawalli (caretaker) of the graveyard may use it for personal purposes or give it as a gift to relatives and friends. This is similar to the caretaker of a waqf orchard, who is permitted to eat from its produce and offer it to others.

For further details, refer to the books of Hadith under the chapter: باب الأوقاف.

✦ Key Point:​

It is only permissible to use trees from a graveyard for other waqf causes—not for personal gain—unless one is the appointed caretaker, in which case certain concessions apply.