The Ruling on Building over Graves, Praying in Them, and Moving Graves
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Question:
This questioner is from France and asks: What is the ruling on houses built over graves? Is it permissible to pray in them? And what is the ruling on removing the graves and moving them to another place, and building anything in this place?
Answer:
If the graves are old, it is not permissible to build over them, whether houses or anything else, because they have established their right to the place where they are. Therefore, it is not permissible to build houses over them. Even more so is it not permissible to build mosques over them; this is absolutely forbidden. They should be left as they are and fenced in. However, if the building is older and the graves are recent burials, then the graves should be dug up and moved to the cemetery. They should be moved to the cemetery. Yes.
The presenter:
May Allah reward you.
This questioner is from France and asks: What is the ruling on houses built over graves? Is it permissible to pray in them? And what is the ruling on removing the graves and moving them to another place, and building anything in this place?
Answer:
If the graves are old, it is not permissible to build over them, whether houses or anything else, because they have established their right to the place where they are. Therefore, it is not permissible to build houses over them. Even more so is it not permissible to build mosques over them; this is absolutely forbidden. They should be left as they are and fenced in. However, if the building is older and the graves are recent burials, then the graves should be dug up and moved to the cemetery. They should be moved to the cemetery. Yes.
The presenter:
May Allah reward you.
Source
قناة «العلامة الدكتور صالح الفوزان»، 28 من 64\شرح عمدة الأحكام (شرح كامل مع أسئلة)\الزكاة\إنكم تظلمون خالداً\صالح الفوزان\الفقه — youtube.com (55:39)
The Arabic text is a machine transcription of the audio recording.