Source: “Ahkam wa Masail in the Light of the Qur’an and Hadith”, Volume 02
Referenced from: Ahl-e-Hadith Gazette, Vol. 5, Issue 1
By: Abu Saʿeed Muhammad Sharf al-Dīn, Principal, Madrasah Saʿīdiyyah ʿArabiyyah, Delhi
As-Salāmu ʿAlaikum wa Rahmatullāhi wa Barakātuh
Due to a shortage of space caused by the growing number of worshippers, a plot of land adjacent to a mosque—containing a few old graves—was donated (waqf) by its owners for the mosque’s expansion. Given that no other direction had available land to accommodate prayer space, the mosque was extended over this plot, and the graves were levelled or built over.
Is it permissible, under these circumstances, to perform Salah in such a mosque without any Shar‘i objection?
Constructing a mosque over the graves of Muslims is absolutely impermissible under any circumstance, based on clear and authentic proofs from the Qur’an and Sunnah. There are only two possible situations in such a case:
① The graves are flattened and the mosque is constructed directly above them, or
② The bones are removed and discarded to make space for construction.
Both these actions are strictly prohibited in Islamic law. The construction of mosques over graves is explicitly condemned in Hadith, and those who engage in such acts have been cursed.
➤ The Prophet ﷺ said:
«لَعَنَ اللّٰهُ الْيَهُودَ وَالنَّصَارَى اتَّخَذُوا قُبُوْرَ أَنْبِيَائِهِمْ مَسَاجِدَ»
“Allah cursed the Jews and Christians for taking the graves of their prophets as places of worship.”
— (Ṣaḥīḥ al-Bukhārī)
➤ He ﷺ also said:
«لَا تُصَلُّوا إِلَى الْقُبُوْرِ وَلَا تَجْلِسُوا عَلَيْهَا»
“Do not pray towards graves, nor sit upon them.”
— (Ṣaḥīḥ Muslim)
➤ Another narration states:
«لَا تُصَلُّوا إِلَى قَبْرٍ وَلَا عَلَى قَبْرٍ»
“Do not pray facing a grave, nor on top of it.”
— (al-Ṭabarānī)
➤ In Ibn Mājah and Sunan collections:
«لَعَنَ رَسُولُ اللّٰهِ زَائِرَاتِ الْقُبُورِ وَالْمُتَّخِذِينَ عَلَيْهَا الْمَسَاجِدَ وَالسُّرُجَ»
“The Messenger of Allah ﷺ cursed women who excessively visit graves and those who build mosques and light lamps upon them.”
➤ Sayyidunā ʿAmr ibn Ḥazm (رضي الله عنه) reported:
“The Prophet ﷺ saw me leaning on a grave and said: ‘Do not harm the inhabitant of this grave.’”
— (Musnad Aḥmad, with authentic chain)
➤ The Prophet ﷺ said:
«كَسْرُ عَظْمِ الْمَيِّتِ كَكَسْرِهِ حَيًّا»
“Breaking the bone of a deceased is like breaking it while he is alive.”
— (Abu Dāwūd – meets the condition of Muslim; Ibn Mājah includes additional wording regarding its sin)
The only exception is when the graves belong to disbelievers. Their remains can be removed, and the land may be repurposed for a mosque. This does not apply to Muslim graves, due to their sanctity in Islam.
If the community cannot find land in another direction for expansion, they should seek alternative plots elsewhere, or maintain the current mosque as it is, even if it is crowded. The solution must not violate Sharī‘ah.
If, hypothetically, more space would be needed again in the future, the same solution being contemplated now would need to be applied then. So it should be applied now—find a permissible solution, not a prohibited one.
هذا ما عندي، والله أعلم، وعلمه أتم وأحكم
This is what I understand. Allah knows best, and His knowledge is most complete and wise.
Written by: Abu Saʿeed Muhammad Sharf al-Dīn
Principal, Madrasah Saʿīdiyyah ʿArabiyyah, Delhi
Published in: Ahl-e-Hadith Gazette, Vol. 5, Issue 1
Referenced from: Ahl-e-Hadith Gazette, Vol. 5, Issue 1By: Abu Saʿeed Muhammad Sharf al-Dīn, Principal, Madrasah Saʿīdiyyah ʿArabiyyah, Delhi
❖ Question:
As-Salāmu ʿAlaikum wa Rahmatullāhi wa Barakātuh
Due to a shortage of space caused by the growing number of worshippers, a plot of land adjacent to a mosque—containing a few old graves—was donated (waqf) by its owners for the mosque’s expansion. Given that no other direction had available land to accommodate prayer space, the mosque was extended over this plot, and the graves were levelled or built over.
Is it permissible, under these circumstances, to perform Salah in such a mosque without any Shar‘i objection?
❖ Answer:
Constructing a mosque over the graves of Muslims is absolutely impermissible under any circumstance, based on clear and authentic proofs from the Qur’an and Sunnah. There are only two possible situations in such a case:
① The graves are flattened and the mosque is constructed directly above them, or
② The bones are removed and discarded to make space for construction.
Both these actions are strictly prohibited in Islamic law. The construction of mosques over graves is explicitly condemned in Hadith, and those who engage in such acts have been cursed.
❖ Authentic Evidences:
➤ The Prophet ﷺ said:
«لَعَنَ اللّٰهُ الْيَهُودَ وَالنَّصَارَى اتَّخَذُوا قُبُوْرَ أَنْبِيَائِهِمْ مَسَاجِدَ»
“Allah cursed the Jews and Christians for taking the graves of their prophets as places of worship.”
— (Ṣaḥīḥ al-Bukhārī)
➤ He ﷺ also said:
«لَا تُصَلُّوا إِلَى الْقُبُوْرِ وَلَا تَجْلِسُوا عَلَيْهَا»
“Do not pray towards graves, nor sit upon them.”
— (Ṣaḥīḥ Muslim)
➤ Another narration states:
«لَا تُصَلُّوا إِلَى قَبْرٍ وَلَا عَلَى قَبْرٍ»
“Do not pray facing a grave, nor on top of it.”
— (al-Ṭabarānī)
➤ In Ibn Mājah and Sunan collections:
«لَعَنَ رَسُولُ اللّٰهِ زَائِرَاتِ الْقُبُورِ وَالْمُتَّخِذِينَ عَلَيْهَا الْمَسَاجِدَ وَالسُّرُجَ»
“The Messenger of Allah ﷺ cursed women who excessively visit graves and those who build mosques and light lamps upon them.”
➤ Sayyidunā ʿAmr ibn Ḥazm (رضي الله عنه) reported:
“The Prophet ﷺ saw me leaning on a grave and said: ‘Do not harm the inhabitant of this grave.’”
— (Musnad Aḥmad, with authentic chain)
➤ The Prophet ﷺ said:
«كَسْرُ عَظْمِ الْمَيِّتِ كَكَسْرِهِ حَيًّا»
“Breaking the bone of a deceased is like breaking it while he is alive.”
— (Abu Dāwūd – meets the condition of Muslim; Ibn Mājah includes additional wording regarding its sin)
❖ Clarification on Grave Ownership:
- If the old graves are part of a public cemetery, they are not subject to private ownership and cannot be reassigned.
- If the graves belonged to a particular community or family, the same ruling still applies.
- In either case, Muslim graves hold sanctity, and cannot be built over or disturbed in the name of mosque expansion.
The only exception is when the graves belong to disbelievers. Their remains can be removed, and the land may be repurposed for a mosque. This does not apply to Muslim graves, due to their sanctity in Islam.
If the community cannot find land in another direction for expansion, they should seek alternative plots elsewhere, or maintain the current mosque as it is, even if it is crowded. The solution must not violate Sharī‘ah.
If, hypothetically, more space would be needed again in the future, the same solution being contemplated now would need to be applied then. So it should be applied now—find a permissible solution, not a prohibited one.
هذا ما عندي، والله أعلم، وعلمه أتم وأحكم
This is what I understand. Allah knows best, and His knowledge is most complete and wise.
Written by: Abu Saʿeed Muhammad Sharf al-Dīn
Principal, Madrasah Saʿīdiyyah ʿArabiyyah, Delhi
Published in: Ahl-e-Hadith Gazette, Vol. 5, Issue 1