Fatwa #4482812 May 2020India
Is it okay to allot a specific graveyard for the Memon community only?
Question
Dear Respected Mufti, Government has alloted an area as a Graveyard in our City [Chennai] in India for the exclusive use of our Memon community. We have been using this last very number of years. In addition to this the government has alloted one more big area as a burial ground for the benefit of the people of the locality. In this regard we have 2 questions for which we seek your clarification. 1) We wish to know whether using a graveyard alloted for our exclusive is in conformity (in agreement) with the Shariah or not. We are wondering whether we are violating Shariah in this regard. 2) In case if people of the locality or from some other place inspite of other graveyards available for their use if they seek permission to burry their dead in our graveyard and if we deny their request are we then committing a SIN and acting against the Shariah ? Jazakallah khair
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
It is not appropriate to have a graveyard exclusively for the Memon community. If the Memon community has acquired the graveyard from the government for the exclusive use of Memons, then the Memon community should inform the government that they wish to use the graveyard for the general Muslim public.
Islam does not advocate tribalism or culturalism. Prejudice and discrimination were not common in Muslim societies due to the diversity of their inhabitants. This tradition of tolerance is reflected in the teachings of Islam. The Messenger of Allāh (Ṣallallāhu Alayhi wa Sallam) said,
"ألا لا فضل لعربي على عجمي، ولا لعجمي على عربي، ولا أحمر على أسود، ولا أسود على أحمر، إلا بالتقوى" -
Translation: “Be wary (O people!). There is no virtue of an Arab over a non-Arab, nor a non-Arab over an Arab. Nor (is there a virtue) of one with a rosy complexion over one with a dark complexion, nor one with a dark complexion over one with a rosy complexion, except in Taqwā.”
To separate graveyards, or to deny the request of a non-Memon in the cemetery will allow discrimination to creep into our society. To prevent this, we should not allot graveyards to any specific group of people based on tribe or bloodline. Separation of cemeteries should only be between Muslims and non-Muslims.
And Allah Ta’āla Knows Best
Abrar Habib
Student - Darul Iftaa
New York City, New York, USA
Checked and Approved by,
Mufti Ebrahim Desai.
13-09-1441|06-05-2020