Expanding the mosque onto land containing graves
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Fatwa number ( 13905 )
Q: The village of (Al-Siqal ), one of the villages of South Yemen , says: Its only mosque was built more than five hundred years ago, and the land around the mosque was used as a cemetery, to the extent that the graves surrounded the mosque on three sides, with the road on the fourth side. As a result of the village’s expansion, the increase in its population, and the narrowness of the mosque, the villagers decided in 1385 AH to expand the mosque. They consulted the village judge and some of the senior scholars in that region regarding expanding the mosque and adding some of the cemetery land to the mosque ; given that expansion from the fourth side, toward the road, was impossible. These scholars advised the following: erecting reinforced concrete columns on the side of the cemetery from which the mosque was to be expanded, as shown in the drawing, such that the columns were built around the graves and not on top of them. During the excavation, we avoided placing columns in locations where we found old or new graves. Subsequently, a canopy was erected at a height of one meter above those columns, such that
the graves, numbering approximately twelve, came to be under the canopy, which became part of the mosque as shown in the drawing, with the note that the graves had been leveled and the canopy is at a height of approximately one meter above the graves. What is the ruling?
A: The fatwa you referred to is incorrect if the reality is as you described; because it is not permissible to pray in graves, nor above them; due to the generality of the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 529 And it is known that the air above the graves is attached to them. Based on this, it is obligatory to demolish the addition that was taken from the cemetery and built upon its air to expand the mosque, and to be content with the original structure. If it is too narrow to accommodate the Friday prayer, they can find another mosque in another location in the village that does not contain graves. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: The village of (Al-Siqal ), one of the villages of South Yemen , says: Its only mosque was built more than five hundred years ago, and the land around the mosque was used as a cemetery, to the extent that the graves surrounded the mosque on three sides, with the road on the fourth side. As a result of the village’s expansion, the increase in its population, and the narrowness of the mosque, the villagers decided in 1385 AH to expand the mosque. They consulted the village judge and some of the senior scholars in that region regarding expanding the mosque and adding some of the cemetery land to the mosque ; given that expansion from the fourth side, toward the road, was impossible. These scholars advised the following: erecting reinforced concrete columns on the side of the cemetery from which the mosque was to be expanded, as shown in the drawing, such that the columns were built around the graves and not on top of them. During the excavation, we avoided placing columns in locations where we found old or new graves. Subsequently, a canopy was erected at a height of one meter above those columns, such that
the graves, numbering approximately twelve, came to be under the canopy, which became part of the mosque as shown in the drawing, with the note that the graves had been leveled and the canopy is at a height of approximately one meter above the graves. What is the ruling?
A: The fatwa you referred to is incorrect if the reality is as you described; because it is not permissible to pray in graves, nor above them; due to the generality of the saying of the Prophet (peace and blessings be upon him):
Allah cursed the Jews and the Christians that they took the graves of their prophets as mosques
لعن الله اليهود والنصارى اتخذوا قبور أنبيائهم مساجد
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.