Building a mosque over a grave out of necessity
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The first question of Fatwa No. ( 16357 )
Q1: Is it permissible to build a mosque over a grave out of necessity, or not? Or should the mosque be built in the cemetery after the dead are moved, or should pillars be placed in the cemetery and the ground floor be left empty as it was, with the mosque placed on the second floor?
A1 : It is not permissible to build a mosque over a grave, nor is it permissible to dig up the graves of Muslims and establish a mosque in their place; because the graves have a stronger right to the spot where they were placed, and it is obligatory to seek another place to establish the mosque. It is not permissible to erect pillars over the graves and build on top of them, whether it is a mosque or otherwise; because mosques are not established over graves, and because of the harm caused to the buried, and because praying in them is a means to associating partners with Allah with the people of the graves and exaggerating in their regard. For this reason, it is authentically reported from the Messenger of Allah (peace and blessings be upon him) that he said:Sahih Muslim 529 Agreed upon by al-Bukhari and Muslim, and Muslim narrated in (his Sahih) from Jabir ibn 'Abd Allah (may Allah be pleased with them both) who said: Bulugh al-Maram 579 , and also in (Sahih Muslim ) from the Prophet (peace and blessings be upon him) that he said: Sahih Muslim 532 . The hadiths in this chapter are numerous. We ask Allah to rectify the conditions of
the Muslims, and to grant them understanding in the religion, for He is the best of those asked. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: Is it permissible to build a mosque over a grave out of necessity, or not? Or should the mosque be built in the cemetery after the dead are moved, or should pillars be placed in the cemetery and the ground floor be left empty as it was, with the mosque placed on the second floor?
A1 : It is not permissible to build a mosque over a grave, nor is it permissible to dig up the graves of Muslims and establish a mosque in their place; because the graves have a stronger right to the spot where they were placed, and it is obligatory to seek another place to establish the mosque. It is not permissible to erect pillars over the graves and build on top of them, whether it is a mosque or otherwise; because mosques are not established over graves, and because of the harm caused to the buried, and because praying in them is a means to associating partners with Allah with the people of the graves and exaggerating in their regard. For this reason, it is authentically reported from the Messenger of Allah (peace and blessings be upon him) that he said:
Allah cursed the Jews and the Christians that they took the graves of their prophets as mosques
لعن الله اليهود والنصارى اتخذوا قبور أنبيائهم مساجدthe Messenger of Allah (ﷺ) prohibited whitening a grave with plaster, to sit on it or to build over it
نهى رسول الله - صلى الله عليه وسلم - أن يجصص القبر، وأن يقعد عليه، وأن يبنى عليهBeware 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 ذلكthe Muslims, and to grant them understanding in the religion, for He is the best of those asked. 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.