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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on praying in a mosque next to a grave, and is it true that the criterion is the intention?

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Question:
He asks and says: Next to us is a mosque, and next to it is a shrine, not inside the mosque. Is the prayer valid in it? Some people say that the criterion is the intention. We ask for your guidance. May Allah reward you with good.

Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and all his Companions. After that: The hadiths from the Prophet (peace and blessings be upon him) are authentic
regarding the prohibition of building on graves and making them mosques, and that he cursed whoever did so, and informed that they will be the most severely punished of people on the Day of Resurrection,بالنهي عن البناء على القبور واتخاذها مساجد، وأنه لعن من فعل ذلك، وأخبر أنه أشد الناس عذابا يوم القيامة،
because this is among the means of shirk (associating partners with Allah) and worshipping other than Allah (Mighty and Majestic), and calling upon the dead and seeking aid from them, as has happened in many lands where these shrines exist. People turned away from worshipping their Lord and calling upon Him and seeking aid from Him, to worshipping these shrines, staying at them, and seeking aid from the dead, among other things.
So, the mosque mentioned in the question, if it is attached to this shrine and built on this shrine and this grave, then it is not permissible to pray in it, and whoever prays in it, his prayer is not valid; he must repeat it. This is because the Prophet (peace and blessings be upon him) forbade praying at graves, and the prohibition implies the invalidity of the prohibited act. Also, this prayer becomes a means to shirk (associating partners with Allah) and worshipping other than Allah (Mighty and Majestic). However, if this grave is separate from the mosque and has no connection to it, and there is a passage or road between them, and the mosque has no connection to the grave, then there is no harm in praying in this mosque, because it has no connection to the grave; it is separated from it and far from it, and it is not intended for tabarruk (seeking blessing) or worship. The mere presence of a grave or cemetery near the mosque, without any connection between them, does not affect the prayer. However, the more cautious and better course is to keep mosques away from graves, and not to build mosques near graves, as much as possible. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، ما حكم الصلاة في مسجد بجواره قبر، وهل صحيح أن العبرة بالنية؟ الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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