The Mosque in the Cemetery
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Fatwa No. ( 16727 )
Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet, and after that:
The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from (M. A. A.), which was referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (3560) and date 6/8/1414 AH. The questioner requested a review of the old mosque in the cemetery of their town, al-Shaqiq in al-Ahsa , which is designated for the funeral prayer, as well as the new mosque they began building in the aforementioned cemetery for the funeral prayer and other prayers. The request was referred to the Honorable Head of the Courts of the al-Ahsa Region by letter number (2384/2) dated 22/8/1414 AH, to form a committee from the court, the governorate, the Commission for Promoting Virtue and Prohibiting Vice, and the municipality, to inspect the aforementioned graves and prepare a detailed report on them. The response then arrived by letter number (3309/1) dated 23/10/1414 AH, accompanied by a report from the committee that inspected the location of the graves. The report stated: We inform you that we inspected the aforementioned site and found that it is located within the cemetery wall, one meter from its eastern wall. It is also approximately one hundred and twenty-five meters from the old building. Its length is 20 meters and its width is (10 meters - 20 x 10 meters), and it has an attached annex measuring (15 x 5 meters). Its construction is incomplete, and the land on which it stands belongs to the land of
the cemetery. Its use for purposes other than funeral prayers is not appropriate. It is a long distance from the aforementioned village, and there are no residences or neighbors nearby. We believe that if there are lands adjacent to the cemetery belonging to the municipality on which a mosque can be built, that would be better and preferable, especially if it is adjacent to the western side of the cemetery and near the village. This is what we were required to state, and may Allah send blessings and peace upon our Prophet Muhammad and his family and companions.
After the Committee’s study of the question, it issued a ruling that it is obligatory to remove the aforementioned old and new buildings; because they are cut out from the cemetery land, and it is not prescribed to establish a mosque designated for funeral prayers or any other prayers in a cemetery. The local municipality must remove them under the supervision of the committee that prepared the report. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad and his family and companions.
Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet, and after that:
The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from (M. A. A.), which was referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (3560) and date 6/8/1414 AH. The questioner requested a review of the old mosque in the cemetery of their town, al-Shaqiq in al-Ahsa , which is designated for the funeral prayer, as well as the new mosque they began building in the aforementioned cemetery for the funeral prayer and other prayers. The request was referred to the Honorable Head of the Courts of the al-Ahsa Region by letter number (2384/2) dated 22/8/1414 AH, to form a committee from the court, the governorate, the Commission for Promoting Virtue and Prohibiting Vice, and the municipality, to inspect the aforementioned graves and prepare a detailed report on them. The response then arrived by letter number (3309/1) dated 23/10/1414 AH, accompanied by a report from the committee that inspected the location of the graves. The report stated: We inform you that we inspected the aforementioned site and found that it is located within the cemetery wall, one meter from its eastern wall. It is also approximately one hundred and twenty-five meters from the old building. Its length is 20 meters and its width is (10 meters - 20 x 10 meters), and it has an attached annex measuring (15 x 5 meters). Its construction is incomplete, and the land on which it stands belongs to the land of
the cemetery. Its use for purposes other than funeral prayers is not appropriate. It is a long distance from the aforementioned village, and there are no residences or neighbors nearby. We believe that if there are lands adjacent to the cemetery belonging to the municipality on which a mosque can be built, that would be better and preferable, especially if it is adjacent to the western side of the cemetery and near the village. This is what we were required to state, and may Allah send blessings and peace upon our Prophet Muhammad and his family and companions.
After the Committee’s study of the question, it issued a ruling that it is obligatory to remove the aforementioned old and new buildings; because they are cut out from the cemetery land, and it is not prescribed to establish a mosque designated for funeral prayers or any other prayers in a cemetery. The local municipality must remove them under the supervision of the committee that prepared the report. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad and his family and companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.