Levelling graves

Category: 

Miscellaneous

According to Madhhab: 

Hanafi

Reference: 

1440-612

Question: 

I
need explanations of few ahadith regarding graves and the Masaail deduced from
these:



1. One narration mentions that where Masjid al-Nabawi was built, there were
graves there which Rasulullah Sallallahu alayhi wasallam ordered be dug out.
(Sahih al-Bukhari, vol. 1 book. 8 hadith 420)



2. Fadalah ibn Ubayd ordered to prepare a grave and then it was levelled. He
said that he heard Rasulullah Sallallahu alayhi wasallam commanding them to
level the grave. (Sahih Muslim, book 4 hadith 2114)



3. Do not leave any image without obliterating it, or a high grave without
levelling it. (Sahih Muslim book 4 hadith 2115)



4. Building structures over graves and putting tombstones over graves. What is
the ruling regarding this? If it is not permissible, may these structures or
tombstones be demolished (whether in an Islamic State or in a normal graveyard
in a non Muslim country)?



5. Can a Muslim burial committee stipulate that no tombstones may be put over
graves, otherwise, they will be destroyed?


Answer: 

1. Nabi  Sallallahu Alaihi Wasallam ordered that the graves of the pagans be dug out as mentioned in the query.

Explanation: In the aforementioned saying of Nabi Sallallahu Alaihi Wasallam, he ordered that the graves of Mushrikeen to be dug out as he wished to build his Masjid therein. (Bukhari #427)

Rulings deduced from the Hadith:

If Muslims bought a place where non-Muslim were buried, it is allowed to dig out the graves and bury the bones etc. in some other place; thereafter, utilise the place for a Masjid, Qabrastan (graveyard) etc. as it clear from the Hadith.

Old graves could be dug out and others could be buried therein with the proviso that the body has decomposed and turned to sand.

If someone was buried in someone’s property other than the Qabrastan, it is allowed to level the grave and utilise the land as per convenience provided that the body has decomposed. However, if the graves are fresh and new, it is inappropriate to level them and utilise them due to the disrespect. (Fathul Bari Vol. 7 [g. 266, Nawawi Ala Sahih Muslim Vol. 5 Pg. 7-8, Sharh Abu Dawood Lil Aini Vol. 2 Pg 354, Umdatul Qari Vol 4 Pg. 179, In'Amul Bari Vol. 3 Pg. 163-165) 

2. Hazrat Fadalah bin Ubayd Radhiallahu Anhu says: that I heard Nabi Sallallahu Alaihi Wasallam ordering to level the grave.

Explanation: In the mentioned Hadith, where Nabi Sallallahu Alaihi Wasallam ordered to level the graves, it was to portray the prohibition of making graves high as was the norm in days of Jahiliyyah; however, keeping the graves a bit higher (up to one span of the hand) from the ground-level is permitted in Shariah, so that it is recognised and not trampled upon.

Rulings deduced from the Hadith:

The graves should not be too high as it was accustomed in the times of Jahiliyyah. 

The graves should be a bit high from the ground-level, so that it is recognised and not trampled upon. (Nawawi Ala Sahih Muslim Vol. 7 Pg. 36) 

َ3. Do not leave any image without obliterating it, or a high grave without levelling it. 

Explanation: In the above-mentioned Hadith, Timthal refers to idol or animate picture which is Haram to keep and abolishing it is necessary in Shariah; however, if the picture is tiny, or it is quite impossible to pick up that it is an animate picture, or the picture does not contain a crucial part of body without which one cannot remain alive, all this kinds of pictures will be exempted from the warning issued by Shariah.

It is banned to make high graves in Shariah; however, making it a bit high so that it is recognised and not trampled upon is meritorious and advisable as cited earlier. (Mirqaat Vol. 3 Pg. 1216) 

4. As explained in the previous Fatwa, Qabr is a place of destruction; therefore, it is against the spirit of Shariah to build over the graves as mentioned in the Ahadith. As far as the tombstones are concerned, it is allowed to put tombstones for identification purposes; however, to put huge tombstones with excessive inscriptions, bios, and Quranic verses is impermissible. (Kitabun Nawazil Vol. 6 Pg. 236) 

It is for this reason our illustrious Fuqaha (jurists) have prohibited from hardening the grave or to build around it unless there is a dire need to do so. (Al-Bahr Al-Ra'iq Vol. 2 Pg. 206) 

In an Islamic state, the Qadhi is permitted to demolish the impermissible tombstones and structures since he has Wilayat; however, in a non-Muslim state one cannot do so, since he does not have any Wilayat.vii Additionally, if the grave is bought by one, the other cannot interfere with his grave area since it does not belong to him; however, if the graveyard is Waqf and the donor puts this condition, then it will be allowed to demolish the impermissible structures and tombstones in order to bury more deceased after the body has decomposed to utilise the Waqf property abundantly.viii Lastly, we advise you to educate the community and encourage them to practice Deen in totality and free it from all kind of innovatons.

5. The same ruling will be aapplicable as explained above in No:4.

AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: MOHSIN KHAN 
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B. 
Islamic Date: ١٦ محرم ١٤٤٠ 
English Date: 16 August 2019

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