5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

It is stated in the book Fatâwâ-i Hindiyya, in the eleventh
chapter of the part explaining Kerâhiyyat that “if the tree in a
cemetery had been grown before the cemetery was built, it will
remain the landowner’s property, and he can give the tree and
its fruit to anyone he chooses. If a previous private landowner
doesn’t exist, and this land was allocated as a public cemetery,
the trees, fruits, and land are used according to the established
customs. If the trees grew up after the cemetery was built, they
become the property of the one who sowed them, and he gives
the tree and the fruits to the poor as alms. If the trees grew up
by themselves (i.e. the one who sowed them is not known) they
are distributed by a judge’s decision. The judge can order them
to be sold and the money received can be spent for the needs
of the cemetery, if he decides so. Be it in a city or in a village, it
is permissible to pick up and eat fruits that are unlikely to spoil
(such as walnuts) and which have dropped from the trees onto
the street only if it is known that the owner has given (a general)
permission. If the fruits are likely to spoil, and if the owner’s
prohibition is not known, it is permissible to pick them up and
eat them. However, it is not permissible to pick them up and
take them home. It is permissible to pick up the fruits or pieces
of wood that have been carried by the river. Walnuts picked up
from various parts of the street will be halâl even if they reach a
marketable amount. If one finds all the walnuts at a certain
place, they are considered luqâta (unowned property). Trees
and fruits on the grounds of a pious foundation’s cemetery
should be used in accordance with the provisions prescribed by
the foundation’s deed. If the provisions are not known, the
distribution is made according to a judge’s decision. There is
more information in the books Hindiyya and Qadîhân, at the
final parts of the chapters dealing with luqâta and wakf.
It is mustahab to bury the deceased person during the day,
and it is permissible as well to bury him at night.
It is harâm to break his bones, to leave them in the open or
to burn them. It hurts a dead as it would hurt him if he were
alive. It is not permissible to break or burn the bones of zimmîs,
of non Muslim countrymen. Since it is harâm to hurt them when
they are alive, it is not permissible to hurt them when they are
dead. It is permissible to open the graves of the ahl-i harb. Yet it
is still not permissible to burn their corpses. Disbelievers called
Hindus in India hurl the corpses of their dead into the river
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