What is the ruling of the Shari'ah, O honorable Shaykh, regarding a mosque that contains the shrine of a wali from among the awliya (close friends of Allah), and in which prayer is performed? Is the prayer in this case considered invalid?
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The questioner : What is the ruling of the Shari'ah, O honorable Shaykh, regarding a mosque that contains the shrine of a wali from among the awliya (close friends of Allah), and in which prayer is performed? Is the prayer in this case considered invalid or not? Please inform us, may Allah reward you with the best reward.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions.
It is established from the Prophet (peace and blessings be upon him) that he said:Sunan an-Nasa'i 703Sahih (Darussalam) He said this as a warning against what they did. Therefore, it is not permissible for Muslims to take graves as mosques, whether those graves are the graves of awliya (close friends of Allah) or the graves of righteous people who did not reach the level of sainthood in the opinion of those who built these mosques over them. If they do so by building a mosque over the grave of someone they consider a wali or a righteous person, then it is obligatory that this mosque be demolished, because it is a forbidden mosque due to the prohibition of the Prophet (peace and blessings be upon him) against taking graves as mosques.
As for if the grave is behind the mosque, meaning the mosque was founded first and then the deceased was buried in it, then it is obligatory to exhume this deceased person and bury him in the cemeteries, and it is not permissible to leave him in the mosque, because the mosque is designated for prayer in it, so it is not permissible to be taken as a cemetery. This is the ruling in this issue.
I have a note regarding the phrasing of the question asked by the questioner, which is his saying: "What is the ruling of the Shari'ah in such and such?" This, absolutely, should not be directed to any person among people who errs and hits the mark, because if he errs, his error is attributed to the Shari'ah, since he answers in the name of the Shari'ah considering the questioner's question. However, it should be qualified if the phrasing comes like this, by saying: "What is the ruling of the Shari'ah in your opinion, in your view, and the like," or by using a second phrasing: "What is your opinion in such and such," so that if the answerer errs, the error is not attributed to the Shari'ah of Allah (Mighty and Majestic). This occurs frequently in questions directed to scholars and sometimes in authored books, where you find the writer saying "the Shari'ah considers such and such," or "the ruling of Islam is such and such," whereas it is only his opinion and according to his ijtihad (independent legal reasoning), and it may be correct or it may be wrong.
As for if the matter, or if the ruling, is a ruling explicitly stated in the Qur'an and clear, then there is no harm in saying: "The ruling of the Shari'ah is such and such," or "The ruling of Islam is such and such," just as if you said: "The ruling of Islam regarding carrion is that it is forbidden," due to the saying of the Exalted:[Al-Ma'idah 5:3] "The ruling of Islam regarding the marriage of a mother and a daughter is prohibition," due to the saying of the Exalted: [An-Nisa 4:23] and the like.
This issue requires attention when directing questions to scholars and when writing rulings in authored works, as well as in sermons and exhortations, that nothing be attributed to Islam unless it is explicitly and clearly stated in a text. Otherwise, one should say "in my opinion," or say "such and such is forbidden," for example, or "such and such is permissible," without saying that this is the ruling of Islam, because he may err in it. For this reason, some scholars, indeed some of the Imams from the Salaf (the earliest generations) of this Ummah (the Muslim community), were cautious about declaring something forbidden for which there is no explicit text indicating its prohibition. This is common in the expressions of Imam Ahmad ibn Hanbal (may Allah have mercy on him), who would say: "I dislike this," or "I do not like it," or "I do not see it," or "it is ugly," or the like, out of caution against declaring something forbidden for which there is nothing in the Shari'ah indicating its prohibition in an explicit manner. Yes.
The questioner : May Allah bless you.
This is a message received from the listener Sa'd Khumays from Riyadh, in which he says in his message.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions.
It is established from the Prophet (peace and blessings be upon him) that he said:
May Allah curse the Jews and Christians, for they took the graves of their Prophets as places of worship.
لعنة الله على اليهود والنصارى اتخذوا قبور أنبيائهم مساجدAs for if the grave is behind the mosque, meaning the mosque was founded first and then the deceased was buried in it, then it is obligatory to exhume this deceased person and bury him in the cemeteries, and it is not permissible to leave him in the mosque, because the mosque is designated for prayer in it, so it is not permissible to be taken as a cemetery. This is the ruling in this issue.
I have a note regarding the phrasing of the question asked by the questioner, which is his saying: "What is the ruling of the Shari'ah in such and such?" This, absolutely, should not be directed to any person among people who errs and hits the mark, because if he errs, his error is attributed to the Shari'ah, since he answers in the name of the Shari'ah considering the questioner's question. However, it should be qualified if the phrasing comes like this, by saying: "What is the ruling of the Shari'ah in your opinion, in your view, and the like," or by using a second phrasing: "What is your opinion in such and such," so that if the answerer errs, the error is not attributed to the Shari'ah of Allah (Mighty and Majestic). This occurs frequently in questions directed to scholars and sometimes in authored books, where you find the writer saying "the Shari'ah considers such and such," or "the ruling of Islam is such and such," whereas it is only his opinion and according to his ijtihad (independent legal reasoning), and it may be correct or it may be wrong.
As for if the matter, or if the ruling, is a ruling explicitly stated in the Qur'an and clear, then there is no harm in saying: "The ruling of the Shari'ah is such and such," or "The ruling of Islam is such and such," just as if you said: "The ruling of Islam regarding carrion is that it is forbidden," due to the saying of the Exalted:
Prohibited to you are dead animals
حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُProhibited to you [for marriage] are your mothers, your daughters
حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وبناتكمThis issue requires attention when directing questions to scholars and when writing rulings in authored works, as well as in sermons and exhortations, that nothing be attributed to Islam unless it is explicitly and clearly stated in a text. Otherwise, one should say "in my opinion," or say "such and such is forbidden," for example, or "such and such is permissible," without saying that this is the ruling of Islam, because he may err in it. For this reason, some scholars, indeed some of the Imams from the Salaf (the earliest generations) of this Ummah (the Muslim community), were cautious about declaring something forbidden for which there is no explicit text indicating its prohibition. This is common in the expressions of Imam Ahmad ibn Hanbal (may Allah have mercy on him), who would say: "I dislike this," or "I do not like it," or "I do not see it," or "it is ugly," or the like, out of caution against declaring something forbidden for which there is nothing in the Shari'ah indicating its prohibition in an explicit manner. Yes.
The questioner : May Allah bless you.
This is a message received from the listener Sa'd Khumays from Riyadh, in which he says in his message.