What is the ruling if it is unknown whether the mosque was built on the grave or not?
Machine translationRead the Arabic original
Question:
We have a mosque with a shrine, and we do not know whether the mosque was built on the grave or the mosque was built first. We have built a wall to separate the grave from the mosque, as we could not afford the cost of building another mosque. The wall is built within the boundaries of the mosque. Is this action permissible? Please give us a ruling, may Allah reward you with good.
Answer:
It is obligatory to dig up the grave and move it to the cemetery, and to remove the remains and bury the deceased in the public cemetery. This is if the deceased was buried in the mosque after the mosque was built. In that case, the grave is dug up, the remains are taken and placed in the public cemetery, a hole is dug for him, and he is placed in the public cemetery like the other graves. It is not permissible to bury the dead in mosques. The Messenger of Allah (peace and blessings be upon him) said:Sahih Muslim 529, and he (peace and blessings be upon him) informed .
So, if there is a mosque in which a grave was placed, it is obligatory to remove the remains of the grave and place them in a specific grave in the public cemetery, so that there are no graves in the mosques. However, if the mosque was built on the grave, and the grave is the older one, then the mosque is demolished. It is demolished, and they seek another mosque. Another mosque is built for them. The earth of Allah is vast. This is because the Messenger of Allah (peace and blessings be upon him) forbade building on graves, plastering them, and sitting on them, because these are means to shirk (associating partners with Allah). And he (peace and blessings be upon him) said:Sunan an-Nasa'i 760Sahih (Darussalam). This is what he (peace and blessings be upon him) said.
So, if the mosque was built on the grave, the mosque is demolished and they build it in another place that has no graves. And if the grave is alone, it is dug up and placed in the place of graves, so that no one exaggerates in it or is led astray by it. We ask Allah for safety, and we ask Allah to guide the Muslims.
We have a mosque with a shrine, and we do not know whether the mosque was built on the grave or the mosque was built first. We have built a wall to separate the grave from the mosque, as we could not afford the cost of building another mosque. The wall is built within the boundaries of the mosque. Is this action permissible? Please give us a ruling, may Allah reward you with good.
Answer:
It is obligatory to dig up the grave and move it to the cemetery, and to remove the remains and bury the deceased in the public cemetery. This is if the deceased was buried in the mosque after the mosque was built. In that case, the grave is dug up, the remains are taken and placed in the public cemetery, a hole is dug for him, and he is placed in the public cemetery like the other graves. It is not permissible to bury the dead in mosques. The Messenger of Allah (peace and blessings be upon him) said:
Allah cursed the Jews and the Christians that they took the graves of their prophets as mosques
لعن الله اليهود والنصارى اتخذوا قبور أنبيائهم مساجدThat the Jews and the Christians, when a righteous man among them dies, they build a mosque on his grave and paint those images in it. He said: Those are the worst of creation in the sight of Allah.
أن اليهود والنصارى إذا مات منهم الرجل الصالح بنوا على قبره مسجدًا وصوروا فيه تلك الصور، قال: أولئك شرار الخلق عند اللهSo, if there is a mosque in which a grave was placed, it is obligatory to remove the remains of the grave and place them in a specific grave in the public cemetery, so that there are no graves in the mosques. However, if the mosque was built on the grave, and the grave is the older one, then the mosque is demolished. It is demolished, and they seek another mosque. Another mosque is built for them. The earth of Allah is vast. This is because the Messenger of Allah (peace and blessings be upon him) forbade building on graves, plastering them, and sitting on them, because these are means to shirk (associating partners with Allah). And he (peace and blessings be upon him) said:
Do not pray toward graves and do not sit on them.
لا تصلوا إلى القبور ولا تجلسوا عليهاSo, if the mosque was built on the grave, the mosque is demolished and they build it in another place that has no graves. And if the grave is alone, it is dug up and placed in the place of graves, so that no one exaggerates in it or is led astray by it. We ask Allah for safety, and we ask Allah to guide the Muslims.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.