Exhuming graves to expand the mosque
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Fatwa number ( 21100 )
Q: We are from the country of Bangladesh , our capital is ( Dhaka ), our province is ( Noagaon ), our sub-province is ( Sagar ), the post office is ( Nishigant Fort ), and our village is ( Ghalgram ). We have a small mosque that cannot accommodate the worshippers due to their increasing numbers, so we wanted to expand it, if Allah wills. However, the problem is that to the north of the mosque are the graves of five Muslim men, and if we expand it, the graves will be included within it . Seventy-two years have passed since these mentioned graves were made. Is it permissible for us to expand the mosque over these mentioned graves, or what should we do? We want clarification on this, and we ask for the answer with evidence from the authentic Book and Sunnah. We are grateful and appreciative.
A: It is obligatory for you to seek a place for the mosque that is free of graves; because it is not permissible for you to exhume the graves; because they are prior in the location, and they have the right to remain there. It is not permissible to pray near the graves; due to the prohibition of the Prophet (peace and blessings be upon him) regarding that; because this is a means to shirk (associating partners with Allah). It is obligatory to fence the graves and protect them from desecration. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We are from the country of Bangladesh , our capital is ( Dhaka ), our province is ( Noagaon ), our sub-province is ( Sagar ), the post office is ( Nishigant Fort ), and our village is ( Ghalgram ). We have a small mosque that cannot accommodate the worshippers due to their increasing numbers, so we wanted to expand it, if Allah wills. However, the problem is that to the north of the mosque are the graves of five Muslim men, and if we expand it, the graves will be included within it . Seventy-two years have passed since these mentioned graves were made. Is it permissible for us to expand the mosque over these mentioned graves, or what should we do? We want clarification on this, and we ask for the answer with evidence from the authentic Book and Sunnah. We are grateful and appreciative.
A: It is obligatory for you to seek a place for the mosque that is free of graves; because it is not permissible for you to exhume the graves; because they are prior in the location, and they have the right to remain there. It is not permissible to pray near the graves; due to the prohibition of the Prophet (peace and blessings be upon him) regarding that; because this is a means to shirk (associating partners with Allah). It is obligatory to fence the graves and protect them from desecration. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.