Question:
There are two adjacent mosques in our village, each containing a shrine of a friend of Allah. Since the 50’s we have been alternating Friday prayers in the two mosques, but during audible prayers disturbance is inevitable due to the proximity of the two mosques. One person wants to tear down the two mosques and build a single one instead and pay for the construction himself but stipulated removing the two shrines from the mosques and transferring the remains of their inhabitants to the village cemetery. Some brothers agreed on the basis of the opinion of those who maintained the prohibition of praying in mosques containing shrines. What is the ruling on this?
Answer:
Praying in mosques containing shrines of the friends of Allah is not only valid and permissible, but reaches the status of recommendation as confirmed by primary evidence from the Qur`an and sunnah, the practice of the Companions and the practical consensus of the community.
Evidence from the Qur`an
Allah the Almighty says,
They dispute among themselves as to their affair. (Some) said, “Construct a building over them”: Their Lord knows best about them.” Those who prevailed over their affair said, “Let us surely build a place of worship over them.” [Al-Kahf, 21]
The context of the verse indicates that the words in the first quotation were uttered by the disbelievers while those in the second were uttered by the believers. Allah the Almighty relates the two statements without repudiation, demonstrating the permissibility of both opinions. But contrary to the words of the believers which were marked with indecision, the words of the believers imply commendation and resoluteness in their desire to erect a mosque and not a mere structure.
Scholarly opinions
• Imam Al-Razi’s interpretation of “Let us surely build a place of worship over them” means a place in which ‘to worship Allah and keep the remains of the people of the cave in it.’
• In his meta-commentary on Al-Baidawi’s exegesis, al-Shihab al-Khafaji wrote: “This is evidence on the permissibility of building mosques over the [graves of the] righteous.”
Evidence from the sunnah
• `Urwa Ibn al-Zubair narrated through al-Musawer Ibn Makhrama and Marawan Ibn al-Hakam (may Allah be pleased with them) that when Abu Basir died, Abu Jandal Ibn Suhail Ibn Amr buried him and constructed a mosque over his grave at Saif al-Bahr in the presence of three hundred of the Companions.[1] The ascription of this hadith is sound and includes trustworthy scholars. Such an action could not have been concealed from the Prophet ; in spite of this it was not reported that the Prophet ordered that the grave be removed or exhumed.
• It was confirmed that the Prophet said, “The graves of seventy prophets can be found in the mosque of Al-Khayf.”[2]
• Non-prophetic narrations confirm that prophet Ismai’il and his mother Hajar (may Allah be pleased with her) were both buried in Al-Hijr in the Sacred Precinct. This was mentioned by trustworthy historians and acknowledged by Islamic historians such as Ibn Is-haq in Al-Sira, Ibn Jarir al-Tabari in Tarikhu, al-Suhaili in Al-Rawd Al-Unuf, Ibn al-Jawzi in Muntadhim, Ibn al-Athir in Al-Kamel, al-Dhahabi in Tarikh Al-Islam and Ibn Kathir in Al-Bidaya wa Al- Nihaya among others. The Prophet acknowledged both the fact that prophets are buried in Khayf Mosque and that Ismai’il and his mother are buried in al-Hijr and did not order that their graves be removed.
Practice of the Companions
Imam Malik recorded the Companions’ disagreement over the Prophet’s burial place in his Muwatta`. He cited that some people favored that the Prophet be buried at the pulpit while others wanted to bury him at al-Baqi’. Abu Bakr then came forward and said, ‘I heard the Prophet say, “Whenever a Prophet died, he was buried in the same place where he died’; therefore, the Prophet was buried in a grave in the same room where he died.
None of the Companions renounced the suggestion to bury the Prophet at the pulpit which is definitely part of the mosque. Abu Bakr (may Allah be pleased with him) only refrained from acting upon this suggestion to conform to the Prophet’s order to be buried in the place where he died. Consequently, the Prophet was buried in ‘A`isha’s room which was adjoined to the Prophet’s Mosque where Muslims pray. In our time, this corresponds to the scenario of mosques adjoining rooms containing the shrines of the friends of Allah.
The claim that adjoining a shrine or a grave to a mosque is a privilege of the Prophet is invalid since it is unsubstantiated by any evidence and is, furthermore, completely nullified by the burial of Abu Bakr and `Umar in the same room in which ‘Ai`sha (may Allah be pleased with her) lived and performed both her obligatory and voluntary prayers. The Companions’ acknowledgment of this is proof of their unanimous agreement on its permissibility.
The practical consensus of the community and scholarly acknowledgement
• The righteous predecessors and later generations offered their prayers in the Prophet’s Mosque and others containing shrines without anyone raising objections.
• In the year 88 A.H., Al-Walid Ibn Abd al-Malik issued orders to the governor of Medina at that time, ‘Umar Ibn Abd al-‘Aziz, to include the room where the Prophet was buried within the premises of the mosque itself. Scholars from among the seven scholars of Medina approved of this and none of them objected except Sa’id Ibn al-Musaib. He only protested because he wanted to preserve the Prophet’s quarters to serve as an example for Muslims to become acquainted with the living conditions of the Prophet and thereby renounce worldly pleasures not because he maintained the prohibition of praying in a mosque containing a grave.
‘A`isha’s hadith
‘A`isha narrated that the Prophet said, “Allah cursed the Jews and the Christiansfortaking thegraves of their prophets as masjids” [Recorded in the Sahih of Bukhari and the Sahih of Muslim]. The word ‘masjids’ here refers to places of worship i.e. they prostrated before the graves in glorification and worship like the disbelievers who worshipped statues and idols. This is further elucidated in an authentic hadith mentioned by Ibn As’ad in Tabaqat Kubra through Abu Huraira (may Allah be pleased with him) who narrated that the Prophet said, “O, Allah do not make my grave an object of worship; Allah cursed those who took the graves of their prophets as masjids.” The words “Allah cursed those…” indicate that taking the grave as an object of worship and therefore the hadith is interpreted as: ‘O Allah! Do not let [people take] my grave as an object of worship before which people prostrate and worship as others did with the graves of their prophets.’
Imam Al-Baidawi said: “Allah cursed the Jews and the Christians because they prostrated in glorification before the shrines of their prophets, took the graves as their qibla towards which they turned for prayer and as objects of worship. Allah forbade Muslims from imitating them. However, there is no objection to building a mosque around the grave of a righteous person or to praying inside his shrine, by way of seeking blessings and not veneration to its inhabitant. Do you not see that the grave of Ismai’il in the Holy Mosque and the graves at Hatim are the best places in which to pray? The prohibition only concerns exhumed graves containing filth.”
It is established in Islamic law that a grave must have been either owned by its inhabitant before his death or endowed to him after his death. Conditions laid down by the endower are tantamount to rulings laid down by the Legislator and so it is impermissible to use the grave for any other purpose.
The sanctity of the deceased
Islam forbids violating the sanctity of the dead and renders it impermissible to exhume their graves, since the sanctity of the dead is tantamount to the sanctity of the living. If the inhabitant of a grave is one of the pious friends of Allah, then it is even more prohibited and a greater crime to disinter or remove his grave. This is because they are of great importance in the eyes of Allah and consequently whoever violates their graves will be subject to Allah’s punishment. Concerning this issue, Abu Huraira narrated the following hadith Qudsi, “I will declare war against whoever is hostile to a friend of Mine” [Recorded by Bukhari].
The ruling
It is impermissible to disinter the two shrines mentioned in the question and violate the sanctity of their inhabitants with the excuse of building a single mosque instead of the two present ones. It is better to join the two mosques and leave the shrines where they are since the performance of a righteous act through unlawful means is permissible. It is likewise impermissible for those in charge of the mosque to agree to removing the shrines as a condition of building the mosque.
Furthermore, it is better to keep the mosques separate until Allah the Almighty sends righteous people who know the status of the pious friends of Allah and who will preserve their sanctity by replacing the two mosques with a single structure containing the two shrines and therefore establishing the mosques on the basis of piety and devoutness.
Allah the Almighty knows best.
[1]This hadith was related by Abd al-Raziq through Mu’amir, Abu Is-haq in Al-Sira and by Musa Ibn ‘Uqba in Maghaziyah.
[2]Included by Al-Bazar and by al-Tabarani in his Al-Mu’jam Al-Kabir. The hadith scholar, Ibn-Hajar, mentioned in Mukhtasr Zawa`id Al-Bazar that itsascription is sound.
islamictext.wordpress.com 
“In Sahih Muslim v. 7, p. 1178, the Nabi Muhammad (sallaAllahu alayhi wa sallam), “Prohibited…building upon them [graves]….”
“In Sharh Sahih Muslim v. 7, p. 1179 and Sharh al-Muhadhdhab v. 5, p. 296, Imam Nawawi discussed the issue. Without any difference of opinion, building upon graves is makruh.”
Please explain the apparent contradiction. JazaakAllah.
wa ‘alaykum salam Riyadh
Shukran for the reply
Yes the qawl of Imam al-Nawawi proves to be that of ‘makru’. Big difference between Makru [disliked] and Haram [forbidden].
Ba Yazid al-Bistami [Allh be pleased with him] said, ‘al-ikhtilaf al-‘ulama rahmatan lin nas – Difference of opinion within the umma [‘ulama] is a Mercy’ [Imam Qushayri, Risala].
Regarding fiqh we find differences in almost every act from the wudhu where Imam al-Shafi’i is strict on Tartib [order] while Abu Hanifa allows one to start with the feet first and ears last.
Symbols and Sign posts have always been held as sacred and revered in Islam. Take the Ka’ba for example, we do not worship the bricks but merely revere it as it represents unity.
The above fatwa [on domes and shrines] is by the Mufti of Egypt, Sh ‘Ali Jumua. I wil lshare my limited knowledge in reply to the 2 ahadith you quoted then end off with another fatwa by Sh ‘Abdullah bin Bay’ah insha Allah.
Sayyidina Umar’s respect for the relics and things of the Nabi [peace be upon him] can be ascertained from the following incident narrated in Kanzul Ummal (vol.7 p.66) and Ibn Qudamah (al-Mughni vol.4 p.554):
As for relics and seeking blessings:
“Once while going to the Mosque to lead the Jum’ah Salah, Umar passed by a canal (Mizab), which was in the way, and the dirty water from the canal messed up his clean clothes. Umar got angry and took the canal out of the way, went back home, dressed up again and went to Mosque.
In the Mosque, the Prophet’s, sall-Allahu `alayhi wa sallam, uncle Sayyidina Abbas confronted him and said: “That canal was put there by the Messenger of Allah, sall-Allahu `alayhi wa sallam, as I saw with my own eyes”.
When Sayyidina Umar heard that, he immediately left the Mosque with Abbas and went where that canal was, bent himself like in Ruku and said to al-Abbas:
“O Uncle of the Messenger of Allah, sall-Allahu `alayhi wa sallam, climb on my back and put the canal back where Allah’s Messenger put it”.”
As for seeking blessings and being in close proximity to the pious even after his or her death then this was the way of the Sahaba as as both Sayyidina Abu Bakr as well as Sayyidina Umar requested to be buried next to the Qabr of Nabi Muhammad [peace be upon him] in his house. WHy did they want this while everybody in Madinah gets buried in the Baqi?
Because they knew that there was Barakah at his Qabr and they wanted it.
In fact, it is related in Sahih al-Bukhari (Kitab al-Jana’iz), that when Sayyidina Umar finally got the confirmation of his burial next to Prophet’s, [peace be upon him] blessed Grave, he said: “There was nothing more important to me than that” (Ma Kan Shai Ahamm ilayya min dhalik).
It is narrated in Sahih al-Bukhari (Kitab al-Libas) that Nabi Muhammad, sall-Allahu `alayhi wa sallam, had a ring; thereafter Sayyidina Abu Bakr, radi Allahu `anh, had the ring, thereafter Sayyidina Umar, radi Allahu `anh, and thereafter Sayyidina Uthman, radi Allahu `anh. Clearly, they wore this ring to receive the Barakah of Nabi Muhammad, sall-Allahu `alayhi wa sallam.
It is narrated in Sahih al-Bukhari (Kitab al-Maghazi) that the same holds true for the Spear of Nabi Muhammad, sall-Allahu `alayhi wa sallam. It was passed on to Sayyidina Abu Bakr, radi Allahu `anh, and then to Sayyidina Umar, radi Allahu `anh, and then to Sayyidina Uthman, radi Allahu `anh, and finally to Sayyidina ‘Ali, radi Allahu `anh.
It is also narrated in Sahih Bukhari that Sayyidina Ibn Umar, radi Allahu `anh, when travelling between Makkah and Madinah, would make a point of praying at the spots where Nabi Muhammad, sall-Allahu `alayhi wa sallam, prayed. Clearly, Sayyidina Ibn Umar, radi Allahu `anh, wished to receive the Barakah of Nabi Muhammad, sall-Allahu `alayhi wa sallam.
This was also the practice of Sayyidina Abu Musa al-Ashari as narrated by Nasai (3/243).
Thus, the Sahabah would search out the places where Nabi Muhammad, sall-Allahu `alayhi wa sallam, prayed, and they would pray there.
In Sahih Muslim (Kitab al-Libas vol.3 p.140), it is narrated that Asma’, the daughter of Sayyidina Abu Bakr had the garment of Nabi Muhammad, sall-Allahu `alayhi wa sallam, which she had received from Sayyidah Aishah (r.a). She would take the water with which she washed the holy Garment and give it to the sick. They would drink it and be cured. The Sahabah had accepted the fact that water from the blessed clothes of the Prophet, sall-Allahu `alayhi wa sallam, had Barakah and could cure.
Keeping the Grave beautified with fresh flowers and sweet scents:
Before commenting on the dome structure, it is worth noting that it is also sunnah to place fresh flowers on the grave as recording in the sahih:
It is narrated in Sahih al-Bukhari and Sahih Muslim that:
Once, while travelling, Nabi Muhammad, sall-Allahu `alayhi wa sallam, stopped at a certain place and said that there was a grave in front of him, and that the person therein is busy suffering punishment. Nabi Muhammad, sall-Allahu `alayhi wa sallam, then broke off two branches from a date palm and placed in on the grave, and said that as long as the branches were fresh, the punishment would be lessened.
This is because the fresh branches would be making the Dhikr of Allah, subhanaHu wa Ta`ala. So this act is a Sunnah, and people use flowers, as it is more available and also able to maintain its freshness for much longer.
From this we can also deduce that if we ourselves perform Dhikr at the Qubur, it would also lessen the inhabitants’ punishment. Performing Dhikr at the Qubur of the Awliya would bring more blessings upon their respective Ruhs (souls). Doing this would be compliance with a divine order.
It is stated in the famous Hanafi Fiqh book Fatawa Alamgiriyyah/Hindiyyah (Kitab al-Jana’iz) that it is allowed to put flowers on a grave.
Mullah Ali al-Qari writes in the commentary of the above-mentioned Hadith in al-Mirqat fi Sharh al-Mishkat that:
“Our Ulama have issued a ruling that to place fragrance and plants (over a grave) are a Sunnah practice”.
As for building domes over graves, we have already shared the fatwa of the Mufti of the Azhar ‘Ali Jumua. Here is the fatwa of great Shaykh ‘Abdullah bin Bay’ah
Pseudo scholars define Bid’ah as anything that Nabi Muhammad, sall-Allahu `alayhi wa sallam, did not do. However, the true definition of Bid’ah is:
‘Anything that has not been done by Nabi Muhammad, sall-Allahu `alayhi wa sallam, and does not have an origin (Asl) in the Shari’ah ¬ Qur’an and Sunnah’.
Certain people unceremoniously condemn the building of domes on Qubur as Bid’ah, but what about the building of domes on the Moques?
There were no domes on the Mosques in the time of Nabi Muhammad, sall-Allahu `alayhi wa sallam, nor were there any carpets, Minarets or Mihrabs. All these designs and structures were added long after the Beloved Nabi’s time.
Domes were added to amplify the voice of the Imam by making it echo, carpets were added so that people did not have to pray on sand and minarets were added so that people could see the location of the mosque from a distance. Let those who cry “Bid’ah!” build themselves a mosque without a dome, carpet, Mihrab and Minarets.
Let us remember that the Nabi, sall-Allahu `alayhi wa sallam, himself put a large stone to mark the grave of his Sahabi Uthman bin Maz’un and said:
(li A’alama bihi Qabra Akhi) i.e. “So that I can know the Qabr of my brother”.
(Abu Dawud and Mishkat al-Masabih).
This Hadith is the Asl (Islamic origin) for marking graves, especially that of special people so that they may be KNOWN. The designs and style of structure may change over the centuries, but the Original Idea comes from the Sunnah, as the idea to decorate Masajid.
The most significant proof for the permissibility of having structures over graves is the example of Nabi Muhammad, sall-Allahu `alayhi wa sallam, himself. He said that a Prophet should be buried where he passed away.
Nabi Muhammad, sall-Allahu `alayhi wa sallam, passed away inside his house and was subsequently buried inside it, and the Sahabah did not destroy that structure.
For those who claim that this is an exception applicable only to Nabi Muhammad, sall-Allahu `alayhi wa sallam, firstly, let them prove it from the Qur’an or Sunnah, and secondly, we ask them why Sayyidina Abu Bakr As-Siddiq, radi Allahu `anh, also wanted to be buried inside this structure? The very same holds true for Sayyidina Umar, radi Allahu `anh, who was also buried inside this structure. Their action clearly shows the validity of having a grave in a structure, for non-Prophets as well.
Another Hadith often misinterpreted and quoted out of context is where Nabi Muhammad, sall-Allahu `alayhi wa sallam, ordered his Sahabah to destroy all the high graves.
In the time of Nabi Muhammad, sall-Allahu `alayhi wa sallam, there were no graves of Muslims, only graves of kuffar, which were built high. The Sahabah were thus ordered to destroy the high structures on the graves of the kuffar, not of the Anbiya or Awliya.
A significant evidence to support this is that when Sayyidina Umar, radi Allahu `anh, conquered Syria and Palestine, both lands abounded with great tombs of the honoured Prophets, `alaymu-s-salam, of Allah, subhanaHu wa Ta`ala, e.g. the shrine of Nabi Ibrahim, `alayhi-s-salam, the tomb of Nabi Yusuf, `alayhi-s-salam, Nabi Ya’qub, `alayhi-s-salam, Nabi Dawud, `alayhi-s-salam, Nabi Sulayman, `alayhi-s-salam.
Sayyidina Umar, radi Allahu `anh, destroyed the idols in Syria and Palestine, but he did not touch the shrines of the beloved Prophets, sall-Allahu `alayhi wa sallam, of Allah, subhanaHu wa Ta`ala. Thus the above Hadith refers to the high graves of the kuffar.
In a Sahih Hadith, Nabi Muhammad, sall-Allahu `alayhi wa sallam, says that the honour of a Mu’min who has passed away is the same like his honour was when he was alive (Hurmatul Mumini maitan ka Hurmatihi Hayyan).
Allah, subhanaHu wa Ta`ala, says that the most honourable of you in the sight of Allah, subhanaHu wa Ta`ala, are the pious ones. So we respect the pious in the Dunya, and when they pass away, we continue honouring them by venerating their graves (as allowed in Islam of course).
In another Sahih Hadith, it is narrated that when Nabi Muhammad, sall-Allahu `alayhi wa sallam, looked at the Holy Ka’bah, he said, “How great are you, oh house of Allah, but I swear by Allah who created me, that the honour the believer is even greater than you”.
The Holy Quran (Surah al-Haj Ayah 32) says:
“And those who venerate the Sha’a’ir Allahi (Signs/Symbols of Allah), then that is from the Taqwa in their hearts”. (wa man yuazzim sha’a’ir Allahi fa innaha min Taqwal Qulub)
In the Quran (1:158), the mountains of Safa and Marwah were called Sha’a’ir Allahi, because they are the mountains on which a Waliyyah from the Ummah of Nabi Ibrahim, `alayhi-s-salam, called Hajirah ran seven times.
What about a place where a Wali from the Ummah of Nabi Muhammad’s, sall-Allahu `alayhi wa sallam, is resting?
We believe that place is also from the Sha’a’ir Allahi and should be honoured.
It is thus unfortunate that some people want to prohibit us from honouring the Awliya of Allah. They forget that we honour them for the sake of Allah and not as Partners with Allah. No Muslim can ever do that.
There are also Qur’anic evidences supporting the building of structures at graves.
Surah al-Kahf, Ayah 21, speaks about the honourable Ashab al-Kahf.
According to Tafsir al-Jalalayn, ‘The believers’ built a Masjid at their Qubur. This was to derive extra blessings from the pious ones buried there, as in the Tafsirs of Khaffaji, Baydawi, Razi and Ruh Al-Bayan.
Also often misinterpreted is the Hadith which says that Allah, subhanaHu wa Ta`ala, cursed the people who have turned the Qubur of Prophets into Mosques.
This Hadith is actually referring to those people who actually pray to the Prophets, and not those who merely pray near the Prophets’ graves – to Allah, subhanaHu wa Ta`ala, – for the sake of Barakah.
Every Haji can see that in Madinah, in the Blessed Prophet’s (s.a.w) Mosque, people have been praying around the four sides of His Holy and Blessed Qabr ash-Shareef for 1400 years. Was that Shirk?
In Makkah, it is recommended to pray in Hijr Ismail (also called Hateem), as it has the Qabr of Nabi Ismail (a.s) in it as many scholars have said
(Qisas al-Anbiya by Ibn Katheer).
In the famous work of Shafi’i Fiqh, Umdat as-Salik, it is clearly stated that what is meant by “making a Qabr a Masjid” is:
“praying to it in honour or praying on it (Reliance of the Traveller p.896).
“Ittikhaz al-Qubur Masajid” does not mean praying around it or building structures over it. Building something on a Qabr is definitely not allowed as it is disrespectful to the person buried, but establishing the Qabr and building a structure over it is definitely allowed and the universal practice of the Ummah for 1400 years. There is no clear proof against this, only for it.
For 1400 years, the Honourable Tombs of the Great Sons and Daughters of Islam, throughout the Islamic World, have acted as symbols of inspiration and glory for all Muslims, as well as a source of Barakah and Spirituality.
It is indeed sad that, today, while other nations are working hard to maintain the memory of their Heroes and Leaders, We are being are told by certain ignorant 20th scholars to wipe out the memory of Our Heroes and Leaders.
[end Fatwa of Sh bin Bay’ah]
Muslims have never and will never worship graves. The Prophet [peace be upon him] said, ‘What I fear most for you is hidden shirk. The companions asked, ‘O Messenger of Allah, what is this hidden shirk?’ ‘Riya – doing things for show’, replied the prophet [peace be upon him]. [hadith no 1 Tanbih al-Ghafilin, Imam Layth Samarqandi].
Meaning you worship yourself and your ego or you do your ‘ibada with the intention of gaining respect, prestige, honor, wealth and in this way, you split your worship between yourself and the people.
Wa salam,
Muhammad Allie.
From The Kitāb al-Āthār of Imam Abū Hanīfah – the Narration of Imam Muhammad ibn Al-Hasan ash-Shaybānī by Al-Imām Abū Hanīfah Nu’mān ibn Thābit, translated by ’Abdassamad Clarke, with explanatory footnotes by Hāfidh Riyād Ahmad al-Multānī, the Section called ‘The Prayer’, Chapter 77: ‘The Ghusl of the Shahīd’, Narration Number 266:
Muhammad said, “Abū Hanīfah informed us saying, ‘Sālim al-Aftas narrated to us saying, “There is no prophet who has not fled from his people to the Ka’bah to worship its Lord, and around it there are the graves of three hundred prophets.”’”
From The Kitāb al-Āthār of Imam Abū Hanīfah – the Narration of Imam Muhammad ibn Al-Hasan ash-Shaybānī by Al-Imām Abū Hanīfah Nu’mān ibn Thābit, translated by ’Abdassamad Clarke, with explanatory footnotes by Hāfidh Riyād Ahmad al-Multānī, the Section called ‘The Prayer’, Chapter 77: ‘The Ghusl of the Shahīd’, Narration Number 267:
Muhammad said, “Abū Hanīfah informed us saying, ‘’Atā’ ibn as-Sā’ib narrated to us saying, “The graves of Hūd, Sālih and Shu’ayb, peace be upon them, are in the Masjid al-Harām.”’”
Salam Dhaakirah
Did some research and verified your findings. The same is mentioned by Imam Hasan al-Basri in his work on the virtues of Makkah.
Salam,
Allie
Placing flowers on graves like the kuffaar do, is not permissible as it constitutes a waste and imitation of kaaffir culture is not permissible. However, planting a live branch of greenery would be acceptable and permissible as there is Rahma in all living things. Most scholars are in agreement with this, there those scholars who say that the dryness or the freshness has nothing to do with alleviating punishment. Allah knows best.
Maybe brother keep your opinions and that of your scholars to yourself.