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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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I have heard about raising the construction of graves above the ground; to what extent is this permitted?

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Question:
I have heard about raising the construction of graves above the ground; to what extent is this permitted? May Allah reward you with good, especially since many people in our area do not know about this matter. The person asking this question is Majdi al-Ramahi from Kuwait.

Answer:
Building on graves is not permissible. Rather, graves are buried with their earth and leveled with the ground, raised above the ground by the width of a handbreadth in a rounded shape so that they are known to be graves. As for building, it is not permissible to build on them; because the Prophet (peace and blessings be upon him) forbade building on graves and ordered them to be leveled, as in the hadith of
`Ali bin Abi Talib (رضي الله عنه)علي بن أبي طالب رضي الله عنه، وهو في صحيح مسلم، قال
Musnad Ahmad 896Da'if (Darussalam)
Abu'l-Hayyaj al-Asadi told that 'Ali (b. Abu Talib) said to him: Should I not send you on the same mission as Allah's Messenger (ﷺ) sent me?لأبي الهياج الأسدي، ألا أبعثك على ما بعثني عليه رسول الله صلى الله عليه وسلم؟
Sahih Muslim 969a, 969b
mercy of Allah.رحمة الله.
that you not leave a raised grave, meaning elevated, except that you level it,أن لا تدع قبرا مشرفا أي مرتفعا إلا سويته،
meaning he demolished it and leveled it with the ground. This is because building on graves is a cause for becoming afflicted by them and a means of shirk (associating partners with Allah). The Shari'ah has come with blocking the means (sadd al-dhara'i') that lead to shirk, or to forbidden things, or to things to be avoided. However, if the questioner intends that graves are built inside the ground so that the soil does not spread, and they build the sides of the grave and place the deceased in it, then seal it over him, then bury him with earth, there is nothing wrong with this out of necessity. This is not a building that is visible on the surface of the ground, but rather a building inside the ground. In this case, there is nothing wrong with building the sides of the grave if it is in ground that does not hold together, or sandy ground, and there is no suitable ground for burying the dead. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، سمعت عن رفع بناء المقابر على الأرض، فإلى أي حد يسمح بذلك؟ الشيخ صالح بن فوزان الفوزان — youtube.com

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

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