a common land, customarily known as common grazing field/ pasture, is enclosed.
a common land, customarily known as common grazing field/ pasture, is enclosed.) It is besides the fact that there is no evidence that it has ever been anyone's personal property or otherwise which was endowed for the purpose. Our ancestors later used the land for burial. There are signs of old graves almost all over the land and process of burying is still going on in its eastern and western ends as mentioned above. The land in question is widely known as cemetery.
Meanwhile, we have received a fresh issue of "Al-Tawhid" (English) from Tehran which contains an article with regard to Waqf by 'Allamah Muhammad Jawad Maghniyyak (Copy enclosed for your perusal). The worthy 'Allamah has Elaborated the issue of cemetery in detail and has made it clear that such type of cemetery which has originally been a common land is not to be reckoned as Waqf.
We may humbly request your gracious-self to kindly guide us and make us aware about our "Shari 'ah obligations " on this issue. We couldn't further correspond with Aqae Khoui as there is no communication facility available at present and also it usually takes a lot of time to get any reply from him, when the matter is of great importance for us and needs immediate settlement. A: Your letter with enclosures has been sent to me by the World Ahlul Bayt Islamic league (London).
It appears from your explanation and the attached papers that the said plot (used as cemetery) was not a Waqf. The plainned school for secular-cum-religious education may be built, if the builders strictly adhere to the conditions laid down by Ayatullah al-'Uzma as-Sayyid al-Khoui in his reply. And Allah Ta'ala knows better. Q.
57 On Various hair-do 's: My wife plaits hair using the artificial hair which they call "Rasta": (a) Is this permissible (b) Will her ghusl- hayd or Janabah be OK with her plaited hair intact? (c) What about the current feminine hair fashion which they call "Curl"? (d) What about bleaching of skin? A: (a) No harm, if the hair used is not of a Kafirah woman. (b) If water reaches every part of the head skin, then it is O.K. Washing hair is not necessary in Wajib Ghusl. (c) No harm.
(d) There may be harm from medical point of view; but from shari'ah point, there is no difficulty. Q. 58: Using water is harmful: Since delivery of my child 5 months ago, if I use water (hot or cold) for wudhu etc., I get internal troubles. How should I pray?