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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Refutation of Those Who Cite the Verse: "Said those who prevailed in their affair: We will surely take..." to Argue for the Permissibility of Building Mosques over Graves

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Question:
May Allah reward you. The questioner asks: What is your opinion of the one who cites the saying of Allah the Exalted,
Said those who prevailed in the matter, "We will surely take [for ourselves] over them a masjid."قَالَ الَّذِينَ غَلَبُوا عَلَىٰ أَمْرِهِمْ لَنَتَّخِذَنَّ عَلَيْهِم مَّسْجِدًا
[Al-Kahf 18:21]
, as evidence for the permissibility of building over mosques and graves, and that whoever does so owes nothing, and that it is not shirk (associating partners with Allah), and that his prayer is valid?

Answer:
This is a fallacy, may Allah protect us from it. Our Shaykh, Shaykh Muhammad al-Shanqiti, says in his tafsir: “No one has ever cited a verse to support his falsehood without the verse containing a refutation of him. This verse is an example of that:
Said those who prevailedقَالَ الَّذِينَ غَلَبُوا
[Al-Kahf 18:21]
They overpowered them in their affair. The people of authority overpower; they do not submit to evidence; they proceed according to their own status.
Said those who prevailed in the matter, "We will surely takeقَالَ الَّذِينَ غَلَبُوا عَلَىٰ أَمْرِهِمْ لَنَتَّخِذَنَّ
[Al-Kahf 18:21]
They did not build it based on evidence, but rather based on dominance and authority. This is a refutation of them. Shaykh Muhammad ibn ‘Abd al-Wahhab cited this verse to argue for the invalidity of building over graves, the invalidity of building over graves, because
Said those who prevailed in the matterقَالَ الَّذِينَ غَلَبُوا عَلَىٰ أَمْرِهِمْ
[Al-Kahf 18:21]
they built it due to the dominance of their authority, not based on evidence or a command from Allah, the Exalted. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، [321] الرد على من يستدل على جواز بناء المساجد على القبور بآية: "قال الذين غلبوا على أمرهم لنتخذن .." — youtube.com

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

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