My father buried a grave with dirt next to the house and placed cement and a water tank on it; is he sinful?
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The questioner : May Allah preserve you, Shaykh. There is a grave next to our house, and my father removed the stone that was on the grave.
After a while, he buried this grave with dirt. When he buried this grave with dirt and placed cement on the grave, then placed a water tank, my question is: Is my father sinful in this matter? And if he is sinful, what is the action to be taken?
The Shaykh : It is obligatory for your father, when he saw the grave, to contact those responsible for the cemeteries, such as the municipalities, and inform them. Does the deceased need to be moved to another location, or what should be done? This obligation remains now; your father must inform the responsible authorities of what he did so that they can decide what the Shari'ah requires. This is because the deceased has sanctity. The Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 1616Hasan (Darussalam).
Therefore, the Prophet (peace and blessings be upon him) forbade treading on graves because the person in the grave has sanctity. In summary, I say: Inform your father that he must inform the authorities responsible for this matter.
The questioner : What are the conditions...?
The Shaykh : This returns to the judge's judgment. If he sees the necessity of moving it to the cemetery, the matter is easy: the bones are gathered and buried in a grave in the cemetery, because this is more effective in protecting them and so that no one in the future thinks that this man has a status with Allah (Mighty and Majestic) and seeks blessing from him or the like.
The questioner : Is he sinful for what he did?
The Shaykh : He is sinful; there is no doubt that he is sinful.
The questioner : Does he have to pay an expiation or do something?
The Shaykh : I have nothing to offer but what I told you: he must inform the responsible authorities now, and the matter will be resolved. Yes.
After a while, he buried this grave with dirt. When he buried this grave with dirt and placed cement on the grave, then placed a water tank, my question is: Is my father sinful in this matter? And if he is sinful, what is the action to be taken?
The Shaykh : It is obligatory for your father, when he saw the grave, to contact those responsible for the cemeteries, such as the municipalities, and inform them. Does the deceased need to be moved to another location, or what should be done? This obligation remains now; your father must inform the responsible authorities of what he did so that they can decide what the Shari'ah requires. This is because the deceased has sanctity. The Prophet (peace and blessings be upon him) said:
Breaking the bones of the deceased is like breaking his bones when he is alive.
كسر عظم الميت ككسره حياTherefore, the Prophet (peace and blessings be upon him) forbade treading on graves because the person in the grave has sanctity. In summary, I say: Inform your father that he must inform the authorities responsible for this matter.
The questioner : What are the conditions...?
The Shaykh : This returns to the judge's judgment. If he sees the necessity of moving it to the cemetery, the matter is easy: the bones are gathered and buried in a grave in the cemetery, because this is more effective in protecting them and so that no one in the future thinks that this man has a status with Allah (Mighty and Majestic) and seeks blessing from him or the like.
The questioner : Is he sinful for what he did?
The Shaykh : He is sinful; there is no doubt that he is sinful.
The questioner : Does he have to pay an expiation or do something?
The Shaykh : I have nothing to offer but what I told you: he must inform the responsible authorities now, and the matter will be resolved. Yes.