Building mosques over graves is one of the means of shirk (associating partners with Allah)

We move on to Sudan via a message received from listener Mukhtar Uthman from Dongola, the Tax Department. Our brother Mukhtar included a collection of questions in his message, among which is a question that says: In the city of Dongola, there is a large mosque containing two shrines of two people whom the people believe to be among the righteous. These shrines are visited, and offerings are made to them. The graves are on the qiblah side, and only the wall of the prayer hall separates them from the worshippers. The question is: Is it permissible for me to pray in this mosque to convey the religion, knowing that the mosque gathers many people from different areas? And if I pray, what is the ruling on my prayer? Do I have to repeat it, or what should I do?
Answer: Building mosques over graves is a great evil and one of the means of shirk (associating partners with Allah), due to the saying of the Prophet (peace and blessings be upon him): . Therefore, it is not permissible to build over graves, nor to make them into mosques, nor to use them as prayer halls. A mosque that contains a grave or more is not to be prayed in, and the prayer therein is not valid; because the Messenger (peace and blessings be upon him) prohibited it and cursed the one who does it, may Allah’s peace and blessings be upon him. And he said in another hadith narrated by Muslim in the Sahih: . So he prohibited making graves into mosques and said: “It is prohibited to do this,” and he cursed the one who does this and blamed him.
Therefore, it is not permissible for Muslims to pray in mosques that contain graves. Rather, it is obligatory to dig them up. It is obligatory for the state and the people of authority and decision to dig them up and place them in the Muslim cemeteries, so that the mosques remain free of graves. If the state professes Islam, it must dig up these graves in the mosques and place them with the Muslims in their cemeteries, until the mosques are free of graves.
This is if the graves are behind the mosque. But if the mosque was built over them and they are old, the obligatory action is to demolish the mosque, and not to pray in it. The people of the neighborhood should seek another piece of land that has no graves, build a mosque there, and pray in it.
As for the mosque that was built over graves, it is obligatory to demolish it; because it was founded on disobedience to Allah. And it is established from the Messenger (peace and blessings be upon him): , narrated by Muslim in the Sahih from the hadith of Jabir (may Allah be pleased with him) .
In summary: If the grave is new and the mosque is the original structure, it is obligatory to dig up the grave and transfer the remains to the other cemeteries. They should be placed in a pit and its surface leveled like a grave. Likewise, if there is more than one grave, two or three, they are all transferred. The remains of each grave are placed in its own pit in the public cemeteries, and its surface is made like the surface of graves so that they are not desecrated, and the mosque remains empty to be prayed in.
But if the graves are the original feature and the mosque is the later addition built over them, it is to be demolished, because it was founded on other than piety, on disobedience. It is demolished, and a mosque is built for the people of the neighborhood in another location that has no graves, in obedience to Allah and His Messenger (peace and blessings be upon him), and in accordance with what the texts indicate, and as a warning to Muslims against shirk (associating partners with Allah) and cutting off its means; because the presence of graves in mosques is one of the means of shirk, and one of the means of exaggeration in them, and one of the means of supplicating to them, seeking aid from them, making vows to them, and then circumambulating them. And there is no power nor strength except with Allah. So one must be cautious of that.
But if the grave is outside the mosque, to its right or left, or in front of it or behind it, and not inside it, the prayer is valid. However, if it is easy to move it to the cemeteries, that is better so that no one exaggerates in it. If it is outside the mosque, outside the building of the mosque, to the right or left, or in front or behind, the better and more excellent thing is to move it so that a grave does not remain near the mosque lest someone exaggerates in it. It is moved to the public cemeteries. But the prayer with it is valid; because the mosque is sound regarding graves, it has no graves, there are no graves inside it.
And we ask Allah to guide the rulers of the Muslims to purify their lands from the traces of shirk (associating partners with Allah) and its means, and to assist them in all good, and to rectify their hearts, their deeds, and their inner circles. And to guide the scholars to do what is obligatory of advising the rulers and directing them to good and assisting them in it. For the duty of the scholars is great in every place, in Sudan and other than Sudan, the duty of the scholars is great. It is obligatory for them to guide the people to the fact that supplicating to the dead and seeking aid from the dead is an evil, indeed major shirk (associating partners with Allah). And that it is not permissible to exaggerate in graves, nor to circumambulate them, nor to supplicate to their people or seek aid from them, nor to ask them for support. This is a great evil and major shirk (associating partners with Allah).
So it is obligatory for the people of knowledge in Sudan, and in Egypt, and in the Levant, and in Jordan, and in every place, and in this entire peninsula, in Yemen, and in this peninsula, and in the Gulf, in every place, it is obligatory for the scholars to clarify the command of Allah, and to guide the people to the tawhid (the oneness of Allah) of Allah and obedience to Allah, and to declare the evil to them so that the people know the evil and beware of it. So the scholars are the heirs of the prophets, and they have a great duty, which is the duty of calling and conveying, and enjoining good and forbidding evil, in every country and in every state.
And it is upon the scholars, if the state is disbelieving, to raise this to them and clarify to them that this matter is such and such, so that they allow them to do what Allah has prescribed; because there must be a power that assists in removing the evil; because the ignorant common people may object to the people of knowledge, so it is necessary to seek help from Allah, then from the state, so that they assist them in demolishing the mosques that were built over graves, and so that they assist them in moving the graves that were placed in the mosques, transferring their remains to the public cemeteries. And it is not for anyone to do what causes confusion, rather he must seek permission from the rulers so that matters proceed in a good, controlled manner from the side of the rulers. And if the ruler has delegated the matter to the governor of the city and the scholars of the city, they perform the obligatory duty. So the scholars raise it to the governor of the city, and the governor executes it, and everyone cooperates in righteousness and piety, as Allah the Exalted said: [Al-Ma'idah: 2]. And it is not permissible for the scholar to remain silent about this great matter and great danger. It is obligatory for the supporters of the Sunnah in Egypt, the Levant, and Sudan, and in every place, and for all the scholars in every place, to clarify to the people the command of Allah, and to explain to them the reality of the religion, and to clarify to them the types of major and minor shirk (associating partners with Allah) and the other sins so that they avoid them and beware of them. And it is obligatory for the scholars to declare the evil to the people of supplicating to the dead, seeking aid from the dead, making vows to the dead, and slaughtering for them, and making boxes for vows. This is a great evil and shirk (associating partners with Allah) and a grave sin. It must be declared evil. It is obligatory for the scholars to declare it evil with utmost activity and with good methods by which the declaration of evil is achieved, and by which confusion with the rulers is not achieved. Rather, they contact the rulers and inform them of what is obligatory, so that the word agrees with the rulers in declaring the evil, and eliminating the causes of evil, corruption, and shirk (associating partners with Allah).
So the duty of the scholars is great, and they are accountable before Allah on the Day of Resurrection, accountable for what they fell short in and what they did not perform of the obligatory. They are the heirs of the messengers, they are their successors. Allah the Exalted says: [Al-Hijr: 92-93]. Especially regarding what concerns the creed, what concerns shirk (associating partners with Allah) and tawhid (the oneness of Allah), for it is greater than the rest. For the foundation of the religion and the basis of the religion is worshipping Allah alone, and that is the meaning of: “La ilaha illa Allah” (There is no deity worthy of worship except Allah), for its meaning is: There is no true object of worship except Allah. As He the Exalted said: [Al-Baqarah: 163]. And He the Exalted said in Surat al-Hajj: [Al-Hajj: 62].
So supplicating to the dead, seeking aid from the dead, making vows for them, and asking them for support, this is from major shirk (associating partners with Allah), whether they are prophets or righteous people or others. This is the right of Allah. Worship is the right of Allah alone. No one is supplicated to except Allah, and no one is sought for aid except Him. So the dead have had their deeds cut off, except from what Allah has prescribed of ongoing charity, or knowledge that benefits, or a righteous child who supplicates for his father and mother.
The point is: they are not invoked alongside Allah, nor is aid sought from them, nor are vows made to them, nor are sacrifices slaughtered for them, nor is help requested from them, even if they are great in religion, such as scholars and messengers. This is absolutely not permissible. Rather, the religion of Allah (Glorified and Exalted is He) is the sincerity of worship to Allah alone. He said: [Surat al-Isra:23] .. [Surat al-Fatihah:5] .. [Surat al-Dhariyat:56]. Thus says Allah (Glorified and Exalted is He), and He said: [Surat Ghafir:14] .. [Surat al-Zumar:2].
As for the living person who is able to help, there is no harm in seeking his assistance. You can say to your brother, "Help me with such-and-such," and he will hear your words, or you can do so by phone or in writing, saying, "My brother, help me with such-and-such, help me with my farm, fix my car, buy me such-and-such." There is no harm in cooperation among the living. However, supplicating to the dead, or to those who are absent while believing that they have a secret ability to hear while absent without an intermediary, is major shirk (associating partners with Allah). Likewise, supplicating to the jinn, or to the angels, or calling upon them for aid is the major shirk that Allah sent the messengers to deny, prohibit, and warn against. It contradicts His saying (peace and blessings be upon him) : [al-Fatihah:5] and His saying (Glorified and Exalted is He): [al-Isra:23] ... [al-Dhariyat:56].
We ask Allah to guide the rulers, both the princes and the scholars, to all that is in the welfare of the people and the land, and to assist them in all good, and to rectify their inner circles, and to make them guides who are guided, as well as us and our other brothers. There is no power and no strength except with Allah. Yes.
The presenter: O Allah, amen. May Allah reward you with good.