Indonesian Council of Ulama Fatwa No. 9 of 2014 on Sale and Purchase of Burial Land

This fatwa states that the burial of Muslim corpses is obligatory for the community (wajib kifayah), and that the government must make land available for public burials. Every Muslim may prepare a particular site for their own burial, and may state in their will (berwasiat) their desire to be buried in a certain place, circumstances permitting. The fatwa declares that the sale and purchase of land for the purposes of a gravesite is permissible, pursuant to the following conditions:

  1. the conditions and pillars of sale and purchase are met;
  2. the transaction is conducted in a simple manner, not being overly excessive or acquiring and using land in an excessive fashion;
  3. Muslims are not to be buried alongside non-Muslims;
  4. the administration and organisation thereof is to be carried out pursuant to shari'a provisions; and
  5. the rights of other persons are not precluded as a result of retaining burial services.

The fatwa reiterates that the sale and purchase of land, as well as businesses selling land, for exorbitant burials, is forbidden (haram).

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