Exhuming the grave to expand the mosque
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Praise be to Allah alone, and may prayers and peace be upon the one after whom there is no prophet. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from His Excellency, the General Manager of the Branch of the Ministry of Islamic Affairs, Endowments, and Da'wah and Guidance in the Jazan region
in his letter number (107/Th/5360) dated 12/6/1431 AH, accompanied by the inquiry submitted by His Excellency, the Manager of the Endowments and Mosques Department in Sabiya Province, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (953) dated 3/7/1431 AH. The question stated: I refer to the Noble Royal Order number (1783) dated 8/5/1403 AH, which designated the competent authority to oversee the affairs of cemeteries, maintain the sanctity of the dead and the sanctity of cemeteries, and refrain from disturbing them after burial by exhumation or relocation, and that permission for such matters is the exclusive jurisdiction of the Permanent Committee for Scholarly Research and Ifta. Given the need to expand the Grand Mosque in the city of Sabiya due to the increase in the number of worshippers, and the fact that the mosque can only be expanded from the northern side because all other sides are limited by paved roads that were expropriated from others' property for the public interest to widen the streets, there is a cemetery on the northern side that was designated for the burial of children born to Muslims, as well as miscarriages before full term. Burial in that cemetery has ceased for approximately forty years. Given the urgent need to expand the mosque, does Your Eminence see it in the public interest to expand the mosque on the cemetery land and move the remains of the dead to the public cemeteries? I hope that after reviewing Your Eminence's
opinion, you will decide what you see fit: either permitting it or prohibiting it. May Allah preserve you and care for you.
After studying the inquiry, the Committee responded that it is not permissible to exhume graves, nor to cut off any part of the cemetery to expand the mosque; because the sanctity of a Muslim in death is like his sanctity in life. If the mosque becomes crowded with worshippers, it is possible to look for another place to serve as a mosque for prayer.
in his letter number (107/Th/5360) dated 12/6/1431 AH, accompanied by the inquiry submitted by His Excellency, the Manager of the Endowments and Mosques Department in Sabiya Province, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (953) dated 3/7/1431 AH. The question stated: I refer to the Noble Royal Order number (1783) dated 8/5/1403 AH, which designated the competent authority to oversee the affairs of cemeteries, maintain the sanctity of the dead and the sanctity of cemeteries, and refrain from disturbing them after burial by exhumation or relocation, and that permission for such matters is the exclusive jurisdiction of the Permanent Committee for Scholarly Research and Ifta. Given the need to expand the Grand Mosque in the city of Sabiya due to the increase in the number of worshippers, and the fact that the mosque can only be expanded from the northern side because all other sides are limited by paved roads that were expropriated from others' property for the public interest to widen the streets, there is a cemetery on the northern side that was designated for the burial of children born to Muslims, as well as miscarriages before full term. Burial in that cemetery has ceased for approximately forty years. Given the urgent need to expand the mosque, does Your Eminence see it in the public interest to expand the mosque on the cemetery land and move the remains of the dead to the public cemeteries? I hope that after reviewing Your Eminence's
opinion, you will decide what you see fit: either permitting it or prohibiting it. May Allah preserve you and care for you.
After studying the inquiry, the Committee responded that it is not permissible to exhume graves, nor to cut off any part of the cemetery to expand the mosque; because the sanctity of a Muslim in death is like his sanctity in life. If the mosque becomes crowded with worshippers, it is possible to look for another place to serve as a mosque for prayer.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.