You have agreed to obey the law of the land...
You have agreed to obey the law of the land; and no country would allow you to cheat its financial institutions or to steal from companies, shops or individuals. Q. 55: Selling a worn out freezer: The Jama 'at possesses one deep freezer which is in a very bad condition and not properly working. It was given by one Mu 'min a long time ago on either donation or wakf basis.
Under such circumstances are we allowed to sell this property as after sometimes we wont get a good price due to its condition.Fortunately, a Mu 'min from Dar es Salaam has donated a new deep freezer for the Jama'at. We would like to know the Islamic Shari 'ah for it. A: In the circumstances mentioned in your question, you may sell the said deep freezer. The price thus realized should be used for a similar purpose; it should not be treated as a general income of the Jama'at. Q.
56: Concerning a disused cemetery: There is a cemetery in our locality, and the Mo 'mineen of the locality still bury dead in its eastern and western ends. Although no fresh corpse has been buried in its middle part since about last 70 years, yet there are still signs of the old graves.
The above middle part of the land has turned now into a playground and fun-place for youngsters: also the government has occupied one part of the said portion by installing a tube-well for Water Supply to the locality and other adjascent villages and is going to construct a pump-shed too: and the adjacent peasants have made encroachments too. Now the Shi 'a youths of the village have started construction of a school building here in which both the general and religious subjects shall be taught.
The plinth of the school building has already been constructed which has involved an amount of about Rs. 20,000/ = up till now. Now in order to make sure that there is no obstacle from the Shari 'ah point of view, we raised the issue with Ayatullah al- 'Uzma Aqae Khoui, who has favoured us with the ruling to go ahead subject to the condition that the cemetery does not come under the ambit of Waqf (Copy enclosed for ready reference).
Now we are in dilemma whether the said cemetery may be called Waqf of not; because there is no information regarding the said piece of land except that:- The land in question had originally been a Common Land not owned by anyone. (The extract of Patwari record, showing the said land as Shamilati Deh i.e.