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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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We have in our country, in one of the Arab states, a mosque that contains a grave, and we pray in it. One of the brothers who studied in the Kingdom informed us of a fatwa permitting prayer in this mosque as long as the grave is to the left of the worshippers or behind them.

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The questioner : The honorable Shaykh says: We have in our country, in one of the Arab states, a mosque that contains a grave, and we pray in it. One of the brothers who studied in the Kingdom informed us of a fatwa permitting prayer in this mosque as long as the grave is to the left of the worshippers or behind them. The question: What is the ruling on our prayer in this mosque? May Allah preserve you and care for you.

The Shaykh : The ruling on prayer in a mosque that contains a grave differs. If the mosque was built on top of the grave, then the prayer in it is not valid, because it was founded on other than taqwa (mindfulness of Allah). Allah the Exalted said to His Prophet (peace and blessings be upon him):
A mosque founded on righteousness from the first day is more worthy for you to stand in لمسجد أسس على التقوى من أول يوم أحق أن تقوم فيه
[At-Tawbah 9:108]
And He said regarding the first one:
Do not stand [for prayer] within it - ever لا تقم فيه أبدا
[At-Tawbah 9:108]
So if the mosque was built on the grave, meaning the grave existed first and then they built a mosque on it, then it is not permissible to pray in it, and the prayer is not valid. This is the doing of the worst of creation.
And if the mosque existed before the grave, then it is obligatory to dig up the grave and bury it with the people. As for prayer in this mosque, if the grave is dug up and removed, the matter is clear. If it is not dug up, there is no harm in praying in the mosque, provided that the grave is not in the direction of the qiblah, but rather to the right, left, or behind. So you should look into this mosque where the grave is and you are praying in it: was the grave first or later? If you are told that the grave was first and the mosque was built on it, do not pray in the mosque. And if you are told that the mosque was first, but
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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