❖ Ruling on Performing Salah in a Mosque Where a Grave May Exist
Derived from: “Ahkam wa Masail in the Light of Qur’an and Hadith”, Volume 02❖ Question
In the village of Ranghat, a central mosque has existed for around 50 years. Due to space constraints, an expansion was carried out, and a new area was constructed as part of the mosque. However, some individuals claim that a grave of Yusuf Mulla exists in the expanded area and has been there for about 30 years. Conversely, many others—including Yusuf Mulla’s own brother—assert that the grave is outside the mosque. There is currently no visible trace of any grave.Is it permissible to perform Salah in this mosque according to Islamic law, considering the differing claims?
❖ Summary of the Primary Ruling
Based on the evidence:① The majority opinion in the locality holds that there is no grave within the mosque premises.
② Even if it is assumed that a grave once existed in the area, its signs have long since disappeared, and the mosque was expanded without the intention of honoring or venerating the deceased.
③ In such a case, Salah performed in the mosque is valid and permissible, because there is no intention of sanctifying a grave, nor is its presence confirmed with certainty.
This aligns with Ṣaḥīḥ al-Bukhārī, under the chapter:باب بناء المسجد على القبر
“Chapter: Building a Mosque upon a Grave”
The Hadith prohibits building mosques over graves intentionally and out of veneration, not in cases of unawareness or absence of such intention.
❖ Misinterpretation Clarified
Some supporting opinions cited from books like Tuhfat al-Ahwadhi and Majma‘ al-Biḥār suggest that many prophets are buried near the Ka‘bah, including Ismā‘īl عليه السلام in al-Ḥaṭīm, yet prayers are performed there. However:☛ This claim lacks reliable authentic hadith support.
☛ The cited references are either disputed or incorrectly attributed, and some were only quoted for refutation purposes by their respective authors.
❖ Correct Understanding from the Scholars
Numerous authentic Hadiths strictly prohibit the use of graves as places of worship, including:«لَا تَجْلِسُوا عَلَى الْقُبُورِ وَلَا تُصَلُّوا إِلَيْهَا»
“Do not sit upon graves, and do not pray facing them.” (Ṣaḥīḥ Muslim)
«لَأَنْ يَجْلِسَ أَحَدُكُمْ عَلَى جَمْرَةٍ فَتُحْرِقَ ثِيَابَهُ فَتَخْلُصَ إِلَى جِلْدِهِ خَيْرٌ لَهُ مِنْ أَنْ يَجْلِسَ عَلَى قَبْرٍ»
“It is better for one of you to sit on a burning coal... than to sit on a grave.” (Ṣaḥīḥ Muslim)
✔ Therefore:
- If the construction was done unknowingly, without any deliberate attempt to honor or benefit from the grave, and there are no visible signs of a grave, then prayers are valid.
- Deliberate construction over a known grave or building a mosque for the purpose of blessing or proximity to a grave is strictly prohibited and considered a deviation resembling idol worship.
❖ Additional Notes from Scholars:
Imam Nawawi, Ibn Hajar, Ibn Hazm, Ibn Taymiyyah, and others have emphasized the strict prohibition on:- Sitting on graves
- Building structures on graves
- Praying towards graves
- Taking graves as places of blessing or veneration
These acts resemble the practices of previous nations cursed for taking the graves of their saints as places of worship.❖ Practical Conclusion:
✔ The Salah in the mosque in question is valid, as long as:- Grave signs are not visible,
- The mosque was not constructed for the purpose of veneration, and
- The grave’s presence is not confirmed definitively.
⚠ However, caution and verification should always be exercised in construction and use of mosque spaces to avoid even the appearance of grave veneration.
Fatāwā referenced from: Ahl-e-Hadith Sohadra, Volume 4, Issue No. 23✍ Answer provided by: Abu Naeem Muhammad Abdul Hakim, Principal & Teacher, Madrasah Mazhar al-‘Uloom, Patna
And further clarified by: Muhammad Muslim Rahmani, Teacher, Madrasah Anjuman Islah al-Muslimeen, Samil Tila, West Bengal
