The Ruling on Building over Graves and Burying in Sandy Soil

Question:
One of the listeners, Shaykh Muhammad Mas'ud Abu al-Abbas from Kafr al-Shaykh Governorate in the Arab Republic of Egypt, sent a message saying: We have graveyards on a sand dune. The custom was to dig a trench and place the deceased in it in a wooden coffin. Then some people came and wanted to build a structure to gather the whole family, so some said: This is forbidden and not in accordance with the Shari'ah, citing a hadith from the Prophet (peace and blessings be upon him) regarding his prohibition of building over graves and plastering them. A dispute arose over this, but we are waiting to hear from your eminence. May Allah reward you with good.

Answer:
Building over graves, making them into mosques, and erecting domes over them is not permissible by the explicit text of the Prophet (peace and blessings be upon him). It is established in the two Sahihs that the Prophet (peace and blessings be upon him) said: . Umm Salama and Umm Habiba told him that they had seen a church in the land of Abyssinia and saw many images in it. He said to them— the Prophet (peace and blessings be upon him) said to them: . Then he said (peace and blessings be upon him): , and he called them the worst of creation.
And in the Sahih, from Jabir (may Allah be pleased with him) —Sahih Muslim, from Jabir (may Allah be pleased with him) —he said: "The Messenger of Allah (peace and blessings be upon him) prohibited plastering the grave, sitting on it, and building on it."
Graves are not to be plastered, nor built upon, nor are mosques to be built on them, nor domes erected over them. Rather, this is one of the means to shirk (associating partners with Allah), and this is the practice of the Jews and the Christians. It is obligatory to be cautious of it.
But if the soil is poor, one digs in it and places something to hold the earth, such as a box or planks, so that it does not collapse on the deceased, or stones so that it does not collapse and the deceased is placed between them. And if good, solid soil is available, graves are dug in it with a niche (lahd) on the qiblah side. The deceased is placed in the niche on the qiblah side, and this is better; because this is what was done for the Prophet (peace and blessings be upon him). They dug for him and made a niche for him and placed him in the niche, and this is the best.
If it is not available because it is poor soil, a trench is cut in the ground and something to preserve the earth is placed on both sides of the trench, such as planks or stones, without building, then the deceased is placed, then planks or stones are placed over him, then earth is thrown over it and markers are placed on it so that it is known to be a grave. One should seek good soil, which is not sandy soil. If good soil is available, the deceased is placed in it until he is enclosed in it. If only poor sandy soil is available, they strive to place him in a suitable place, then place stones or planks in it to protect him from the earth, then the deceased is placed, then stones are placed over him to protect him from the earth, or planks to protect him from the earth, then earth is thrown over him. If good, solid soil is not available to dig in and have a niche, and bricks are placed on it, if this is available, it is the Sunnah.
But if it is not available, a trench is cut in the ground, the deceased is placed in it, and stones are placed on his sides and ends to protect him from the earth, then large stones are placed over the stones to cover him and protect him from the earth, or planks. And this is what is prescribed in this case. Yes.

The presenter: May Allah reward you with good.