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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Removing structures built over graves is an obligatory duty of the state and the rulers

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My father heard from scholars that it is not permissible to build over graves. In a cemetery near us, there are graves with structures built over them by those who claim to be Sufis. They say that they can cause harm and benefit, but no one causes harm or benefit except Allah . People visit these graves on Fridays and during the festivals. Is my father correct in what he did, or should we stop him from doing so? May Allah reward you with good.
Answer: Building over graves is not permissible, and it is obligatory to remove such structures. It is the duty of the state and the rulers to remove them. As for individuals, they are not permitted to remove them unless they have permission, so that there is no confrontation or fitnah (trial, discord or temptation) between them and the authorities. Therefore, the rulers, including the princes and judges, as well as the scholars, must denounce this evil and ensure it is removed. This is because the Messenger of Allah (peace and blessings be upon him) cursed those who build mosques over graves. He said:
Allah cursed the Jews and the Christians that they took the graves of their prophets as mosquesلعن الله اليهود والنصارى اتخذوا قبور أنبيائهم مساجد
Sahih Muslim 529
. He also prohibited plastering graves and building over them. Therefore, it is obligatory to remove the structures so that the graves remain exposed and open to the sky, like the graves in Madinah during the time of the Prophet (peace be upon him). This is to prevent exaggeration regarding them. If structures are built over them, it becomes one of the causes of exaggeration, worshipping them instead of Allah, and venerating them in a manner that is not in accordance with the Shari'ah. Therefore, nothing should be built over them, whether a dome, a mosque, or anything else. If a structure is found, the matter should be reported to the Muslim ruler and to the scholars so that it is removed in a lawful manner that does not cause fitnah (trial, discord or temptation) or lead to problems that harm the community. And Allah is the One to be sought for help. Yes.
The presenter: Allah is the One to be sought for help, may Allah reward you with good.
Source binbaz.org.sa

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

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