Ruling on Removing Structures from Graves

This is a message we received from the sender Abu Muhammad from Palestine. The brother says in his message: There is in Palestine the grave of the Prophet’s (peace and blessings be upon him) grandfather, Hashim, as it is said. This grave is located inside a mosque, and it is an old structure, likely from the era of the Mamluk state. People consider this mosque a historical site and they visit it and revere it, and some consider it a place for seeking blessing. So, some righteous young men demolished this grave to prevent harm and to stop the gathering of women and men at it, and the offering of candles and money. Many of those who claim to be religious objected to them, saying that these people are deviants and hate the Prophet (peace and blessings be upon him), and that they oppose the Muslim community. What added to the trouble was what was issued by the Dar al-Ifta (Institute of Fatwa) of a neighboring Arab country, which stated that those who demolished the grave of Hashim, the grandfather of the Prophet (peace and blessings be upon him), are outside of Islam. We ask you, Your Eminence, to clarify the ruling on this, and whether the grandfather of the Prophet (peace and blessings be upon him) has any right over us such that we should say to him: “Our master,” or revere his grave, or anything similar to that. Please inform us, may Allah reward you.
Answer: These people who demolished it and did good to the people by removing this fitnah (trial, discord or temptation) are rewarded; because the Prophet’s (peace and blessings be upon him) grandfather died in the jahiliyyah (the pre-Islamic age of ignorance). Hashim died upon the jahiliyyah, he was not a Muslim, he died upon the jahiliyyah, and so did 'Abd al-Muttalib, and so did the Prophet’s (peace and blessings be upon him) father 'Abdullah. They all died in the jahiliyyah. So no one has the right to exalt them, or to say to them: "Our master so-and-so"; because they died in the jahiliyyah upon the religion of the disbelievers, upon the religion of the misguided. The best of their states is that they are from the people of the period of ignorance, their affair is left to Allah (Glorified and Exalted is He) on the Day of Resurrection, if the call of the past prophets did not reach them. In any case, they died in the jahiliyyah, and they died upon the deeds of the jahiliyyah, so they have no right to be exalted, nor to claim over their graves, or for their graves to be exalted, or to say: "Our master Hashim" or anyone else. All of this is not permissible. It is not permissible to exalt his grave even if it were known, although his grave is not known. But even if it were known, it would not be permissible to exalt it, not with candles, not by building over it, nor by anything else. Even if he were a Muslim, how much more so when he died upon the jahiliyyah?
And if some people say: "This is a mistake" or that "they hate the Prophet (peace and blessings be upon him)," this is ignorance from the one who says it. Rather, the one who does what the Prophet (peace and blessings be upon him) ordered is the one who loves the Prophet (peace and blessings be upon him). Even if the owner of the grave were a Muslim, demolishing the building over the graves is from what the Messenger (peace and blessings be upon him) prescribed, and from what the Messenger (peace and blessings be upon him) loves. He is the one who said: , and Jabir (may Allah be pleased with him) said: : . So he himself (peace and blessings be upon him) forbade plastering the graves, and forbade building over them. So the one who demolishes the building over the graves has done what the Prophet (peace and blessings be upon him) ordered, and he obeyed his command and followed his Sunnah (the Prophet's way). But ignorance is the calamity.
What the ignorant person does to his enemies is what the ignorant person does to himself.
So it is obligatory upon the scholars of Islam to clarify such matters, and not to leave the ignorant people speaking. Building over graves, even if their owners were Muslims, is not permissible. So it is not permissible to make their graves into mosques, nor to build over them. Rather, this is an abomination (munkar) that the Prophet (peace and blessings be upon him) forbade and warned against, and it is one of the means to shirk (associating partners with Allah). The grave of Hashim is not known, nor is anyone else’s. Even if it were known to be in Palestine or elsewhere, it would not be permissible to build over it, nor to make it a place of reverence, nor to use candles for it, nor to revere it with titles of lordship or anything else. Even the grave of Khalil (Abraham) (peace be upon him), it is present in Hebron in the cave. It is not permissible to build over it, nor to make a mosque over it, nor to call upon Khalil other than Allah, nor to seek aid from him. He is Ibrahim, the father of the prophets, the intimate friend of the Merciful. It is not permissible to build over his grave even if its exact location were known, nor to call upon him other than Allah, nor to seek aid from him (peace be upon him). Rather, it is obligatory to pray for him, indeed it is prescribed to pray for him, and to love him for the sake of Allah; because he is the intimate friend of the Merciful. As for calling upon him other than Allah, or seeking aid from him, or making vows to him, this is not permissible. And so with our Prophet Muhammad (peace and blessings be upon him), it is not permissible to call upon him other than Allah, nor to seek aid from him, nor to make vows to him, nor to slaughter for him. But it is obligatory to obey him and follow him (peace and blessings be upon him), as Allah the Exalted said: [Al-Imran: 31], and He said: [An-Nisa: 80]. So it is obligatory upon the Muhammadan Muslim community to follow the Messenger (peace and blessings be upon him) and submit to what came from the Shari'ah. As for worshipping other than Allah, or seeking aid from him, or making vows to him, this is not permissible. This is shirk (associating partners with Allah), even with our Prophet, who is the best of creation (peace be upon him), and who is the master of the children of Adam. How much more so with anyone else? But the calamity is great ignorance, and there is no power nor strength except with Allah. Allah is the One to be sought for help.