No matter how old a cemetery is, it should be preserved as a cemetery unless there is a necessity. It is not permissible to sell such a cemetery, to build structures or similar things on it, or to transfer the bones of the deceased to another cemetery. However, if there is no other alternative and there is an unavoidable public need, such as building a road for the benefit of the community, the graves may be relocated to another place to meet this need. Likewise, a public property or land may be sold or exchanged if necessary, provided that the benefit remains for the public. (Zeylaî, Tebyîn, 3/331) Building a road through a cemetery can be evaluated within this framework.
Source: T.C. Diyanet İşleri Başkanlığı, Din İşleri Yüksek Kurulu
This content was drafted with AI assistance and reviewed by an editor.