The Shar‘i Ruling on Mosque Expansion in the Presence of a Graveyard
Source: Fatāwā Shaykh al-Ḥadīth Mubārakpūrī, Vol. 1, Pg. 186
❖ Question
There is an old mosque surrounded on all sides by a Muslim graveyard. The people want to expand the mosque from every side and rebuild it in a modern style. This expansion would result in some graves being included within the mosque boundaries. Is it permissible in Sharī‘ah to expand the mosque in this manner?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ‘alā Rasūlillāh, ammā ba‘d!
In this case, expanding the mosque is not permissible. The details are as follows:
① Demolishing Graves to Expand the Mosque
- If the mosque is expanded in such a way that graves are dug up and included within its boundaries, then this would be a violation of the sanctity of a believing deceased, which is not allowed in Sharī‘ah.
- Imām Bukhārī (رحمه الله) stated in Ṣaḥīḥ al-Bukhārī:
"قَوْلُهُ بَابُ هَلْ تُنْبَشُ قُبُورُ مُشْرِكِي الْجَاهِلِيَّةِ"
(Ṣaḥīḥ al-Bukhārī 1/101) - Ḥāfiẓ Ibn Ḥajar (رحمه الله) explained in Fatḥ al-Bārī:
"أَيْ دُونَ غَيْرِهَا مِنْ قُبُورِ الْأَنْبِيَاءِ وَأَتْبَاعِهِمْ لِمَا فِي ذَلِكَ مِنَ الْإِهَانَةِ لَهُمْ بِخِلَافِ الْمُشْرِكِينَ فَإِنَّهُمْ لَا حُرْمَةَ لَهُمْ"
(Fatḥ al-Bārī 1/524)
Meaning: The graves of prophets and their followers have great sanctity; therefore, disrespect is impermissible, unlike the graves of disbelievers which hold no sanctity.
② Expanding While Leaving the Graves Intact
- If the graves are left as they are and the mosque is expanded around them without removing them, then another Shar‘ī issue arises:
◈ Salah would either be performed on top of the graves, or
◈ Salah would be performed facing the graves. - Both situations are impermissible in Sharī‘ah.
③ Building Over Graves or Facing Them in Salah
- Whether done out of reverence or due to necessity, both acts are harām.
- The Messenger of Allah ﷺ said:
«لَا تَجْلِسُوا عَلَى الْقُبُورِ، وَلَا تُصَلُّوا إِلَيْهَا أو عليها»
(Ṣaḥīḥ Muslim)
And he ﷺ said:
«لَعَنَ اللهُ الْيَهُودَ وَالنَّصَارَى، اتَّخَذُوا قُبُورَ أَنْبِيَائِهِمْ مَسَاجِدَ»
(Ṣaḥīḥ al-Bukhārī)
❖ Conclusion
① Digging up graves is disrespectful to believing deceased and is impermissible.
② Expanding the mosque while leaving the graves intact results in Salah being performed over or towards graves, which is also harām.
③ Therefore, expanding the mosque into the graveyard is not permissible.
ھذا ما عندي والله أعلم بالصواب
