Fatwa council reverses position on Maafannu cemetery redevelopment
The Maafannu cemetery has already been subject to excavation since 2022.
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The Supreme Council for Islamic Fatwa has issued a new ruling stating that it is not permissible to excavate the Maafannu cemetery for redevelopment into a public parking zone or square. The announcement comes after government authorities began transforming the area, stating that permission had been granted by Parliament.
According to the new fatwa released on Thursday, the council stated that disturbing graves, removing bones, and relocating remains undermines the dignity of the deceased. The fatwa cites several hadiths to support the position that demolishing Muslim cemeteries or repurposing them for non-essential uses such as recreational areas or parking is not allowed under Islamic principles.
The Maafannu cemetery has already been subject to excavation since 2022, following earlier fatwas that permitted the removal of graves for projects deemed in the public interest. As a result, graves were exhumed and the area has been largely converted into a parking zone.
The new fatwa contradicts a 2017 ruling by the Fatwa Council. That earlier opinion responded to a query submitted by the Islamic Ministry and other parties, asking whether bones could be removed and reburied elsewhere if the excavation was carried out respectfully and with proper procedures.
The 2017 fatwa was signed by five council members and noted examples from Islamic countries where former cemeteries were used for public infrastructure projects in situations of public need or emergency. These included developments such as mosques, schools, hospitals, roads, and bridges. The fatwa cited precedents from countries including Saudi Arabia and Jordan and referenced opinions by Islamic scholars such as Imam al-Nawawi.
The current ruling, however, diverges from that position, with the council now stating that projects like parking zones and public squares do not meet the threshold of public necessity to justify disturbing Muslim burial grounds.
The government has not yet publicly responded to the new fatwa.
