Including some Graves in to the Masjid Premises

Q: Janaa'iz-15: There are some old graves at the Qibla side of the Masjid, which we wish to include into the Masjid premises. Can this be done? Will it be disrespectful to the graves or will it affect the salaah in any way?

Answer: The graves may be incorporated into the Masjid on condition that The property belongs to the Masjid and on condition that the graves are unmarked and so old that it is certain that no traces of the bodies will be left. Salaah will then be valid at the place and it is also not disrespectful to the dead bodies. It may not be done if the graveyard is waqf property. However, some Fuqahaa have given permission for a graveyard to be used as a Masjid when the need is dire. but only, if it is unused and neither are people being buried there anymore, nor is there any possibility of people being buried there in future.

Fatawa Rahimiyyah vol.3