Prayer in Mosques Built over Graves
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The first question of Fatwa No. ( 19381 )
Q 1: Here in India , many mosques contain graves, whether in the direction of the qiblah or elsewhere, and I often used to go to some
of the mosques far from us, because there are no graves with visible markers there. When I disagreed with some of the worshippers, whether the imam or others, about the validity of prayer in these mosques, they insisted that the entire area where we live was formerly Muslim graveyards, and that there must be mosques in this area. Mosques are in the same situation as all houses and shops, which are built on graves, and these graves do not have visible markers. Out of fear that the Hindus might demolish some of the remaining graves with visible markers, they are placed in the mosque courtyard. However, if we refuse to build over those graveyards whose markers are removed, the Hindus will take them all for themselves. Is it permissible for us to pray in such mosques given the circumstances described, or is it better for us to pray at home, especially since it is difficult for some to go to mosques far from their residence if such mosques free of graves exist?
A 1: The principle is that it is not permissible for a Muslim to pray in mosques that contain graves, whether the graves are in the middle of the mosque or in one of its sides, as long as they are within the mosque walls. The matter becomes more serious if the graves are in the direction of the qiblah. It is obligatory for one who has the ability not to allow the mosque to remain in its state of containing graves, but rather to follow what removes this evil according to the condition of the mosque, which does not fall outside of two matters:
The first matter: that the mosque was built over graves, and the cemetery predates the mosque. The principle is that any mosque built over graves must be removed; for it was established contrary to what Allah and His Messenger (peace and blessings be upon him) prescribed. Leaving it as it is and praying in it constitutes persisting in a major sin; for it was built over graves, and this involves an excess in religion and the exaltation of those who built the mosque over a grave. This is among the means that lead to shirk (associating partners with Allah). The second matter: that the mosque predates the graves, and the graves were introduced into it later. In this case, the mosque is not demolished. The obligatory course of action is to dig up those newly introduced graves and bury their remains in the Muslims' cemeteries, in order to remove the evil and follow the Sunnah of the Prophet (peace and blessings be upon him), who forbade praying in mosques that contain graves, or making graves into mosques, and he cursed whoever did so. Evidence for this is what is established in (the two Sahihs) from A'ishah (may Allah be pleased with her): she said: The Messenger of Allah (peace and blessings be upon him) said, in the illness in which he died:Sahih Muslim 529 A'ishah (may Allah be pleased with her) said: And in (Sahih Muslim ) from Jundub ibn 'Abd Allah , from the Prophet (peace and blessings be upon him), that he said, five days before he died: Sahih Muslim 532 And in (Sahih Muslim) as well:
Jami` at-Tirmidhi 1050Sahih (Darussalam) , and what is in (the two Sahihs) from Aisha (may Allah be pleased with her), that Umm Salama mentioned to the Messenger of Allah (peace and blessings be upon him) a church she saw in the land of Abyssinia and the graves in it, and he said: Sahih al-Bukhari 434 . And what was narrated by Ibn Abbas (may Allah be pleased with them both), he said: Jami` at-Tirmidhi 320Da'if (Darussalam) It was narrated by the authors of the Sunan. Accordingly, it is not permissible for you to pray in these mosques that contain graves, and you must strive to obtain a mosque where the congregation is held that is free of graves, and pray in it. If you and your brothers do not find a mosque free of graves, then pray together as a congregation in the home of one of you until you are able to establish a mosque free of graves. May Allah make your affairs easy, bless your efforts, and support His religion through you. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and companions.
Q 1: Here in India , many mosques contain graves, whether in the direction of the qiblah or elsewhere, and I often used to go to some
of the mosques far from us, because there are no graves with visible markers there. When I disagreed with some of the worshippers, whether the imam or others, about the validity of prayer in these mosques, they insisted that the entire area where we live was formerly Muslim graveyards, and that there must be mosques in this area. Mosques are in the same situation as all houses and shops, which are built on graves, and these graves do not have visible markers. Out of fear that the Hindus might demolish some of the remaining graves with visible markers, they are placed in the mosque courtyard. However, if we refuse to build over those graveyards whose markers are removed, the Hindus will take them all for themselves. Is it permissible for us to pray in such mosques given the circumstances described, or is it better for us to pray at home, especially since it is difficult for some to go to mosques far from their residence if such mosques free of graves exist?
A 1: The principle is that it is not permissible for a Muslim to pray in mosques that contain graves, whether the graves are in the middle of the mosque or in one of its sides, as long as they are within the mosque walls. The matter becomes more serious if the graves are in the direction of the qiblah. It is obligatory for one who has the ability not to allow the mosque to remain in its state of containing graves, but rather to follow what removes this evil according to the condition of the mosque, which does not fall outside of two matters:
The first matter: that the mosque was built over graves, and the cemetery predates the mosque. The principle is that any mosque built over graves must be removed; for it was established contrary to what Allah and His Messenger (peace and blessings be upon him) prescribed. Leaving it as it is and praying in it constitutes persisting in a major sin; for it was built over graves, and this involves an excess in religion and the exaltation of those who built the mosque over a grave. This is among the means that lead to shirk (associating partners with Allah). The second matter: that the mosque predates the graves, and the graves were introduced into it later. In this case, the mosque is not demolished. The obligatory course of action is to dig up those newly introduced graves and bury their remains in the Muslims' cemeteries, in order to remove the evil and follow the Sunnah of the Prophet (peace and blessings be upon him), who forbade praying in mosques that contain graves, or making graves into mosques, and he cursed whoever did so. Evidence for this is what is established in (the two Sahihs) from A'ishah (may Allah be pleased with her): she said: The Messenger of Allah (peace and blessings be upon him) said, in the illness in which he died:
Allah cursed the Jews and the Christians that they took the graves of their prophets as mosques
لعن الله اليهود والنصارى اتخذوا قبور أنبيائهم مساجدHe warned against what they did, and had it not been for that, he would have exposed his grave, but he feared that it would be made into a mosque
يحذر ما صنعوا، ولولا ذلك لأبرز قبره، ولكن خشي أن يتخذ مسجدًاBeware of those who preceded you and used to take the graves of their prophets and righteous men as places of worship, but you must not take graves as mosques; I forbid you to do that.
ألا وإن من كان قبلكم كانوا يتخذون قبور أنبيائهم وصالحيهم مساجد، ألا فلا تتخذوا القبور مساجد فإني أنهاكم عن ذلكDo not sit on the graves nor perform Salat towards them.
لا تجلسوا على القبور ولا تصلوا إليهاIf any righteous pious man dies amongst them, they would build a place of worship at his grave and make these pictures in it; they are the worst creatures in the sight of Allah.
أولئك إذا مات فيهم الرجل الصالح أو العبد الصالح بنوا على قبره مسجدًا وصوروا فيه تلك الصور، أولئك شرار الخلق عند اللهAllah's Messenger cursed the women who visit the graves, and those who use them as Masajid and put torches on them.
لعن رسول الله صلى الله عليه وسلم زائرات القبور والمتخذين عليها المساجد والسرج
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.