Provisions of mosques and madrasas Fatwa Cover

What is the ruling on building a mosque over a grave? 8454522282

Ahle Haq Bangla Media Service•Provisions of mosques and madrasas•

Question

  1. According to the provisions of the Shari'ah, is a verbal waqf enough to make a waqf valid or is it necessary to register? Want to know about it?
  2. If according to the rules of the Qur'an and Hadith, all the places of the mosque and the graveyard are to be re-registered in the name of the mosque according to the official law, then all the vacant places next to the mosque should be registered in the name of the mosque. On top of that we have built a mosque by spending millions of rupees and we are praying. Now if we pray in that mosque, will the right of prayer be realized?
  3. And during the construction of the mosque, I did not dig all those graves, I just dug the place that needs to be dug to make pillars, and the bones that have been found there, the bones that have been found in the grave without moving to another place, that means the mosque. We have buried hundreds of graves and left the graves in that condition. We have buried all the graves under the floor of the whole mosque and we have been praying in that mosque for so long. Will we have prayers now?
  4. And if all the people of the village agree and break the floor of the mosque, remove the bones of those graves, bury them in another graveyard and then build a new floor and offer prayers, then I want to know whether it would be better to do that or not?
  5. And if we perform the prayers in that condition without lifting the bones, and in such a situation, is it absolutely permissible according to the provisions of the Shari'ah to offer prayers in the mosque? 1972198917

Answer

- حامداومصلياومسلما، بسم الله الرحمن الرحيم -

  1. Written or registered conditions are not required for waqf to be purified. Waqf is completed only if the land is separated by waqf for verbal needs only by verbal order. As such, the waqf has been purified by separating the two separate lands for the Waqf of the late Mech Joyaddar Sahib Mosque and Cemetery. The waqf has been strengthened and perfected by the completion of mosques and cemeteries at these two designated places. The heirs of the waqfkari have no right to interfere in any way. (Bahrur Rayek, 5/18; Fathul Qadir, 6/234)
      1. It is not permissible to build a mosque in a place which has been waqfed by the waqf as a graveyard. It is against the law to build a mosque on the site of a graveyard contrary to the waqf of the waqf. It was not advisable to do such a thing due to the gap in the domestic law. For mosques, mosques have to be built in waqfed places. And the graveyard should be kept as a graveyard. It is not permissible to reverse it. The authorities have committed a grave sin as a result of the construction of a mosque on the waqf land for a graveyard contrary to the Shariah provisions. (Raddul Muhtar, 6/749; Bahrur Rayek, 5/245; Nahrul Fayek, 3/326) Yes, it is permissible to build a mosque on the site of a graveyard on two conditions. Namely- 1. If the cemetery is no longer used for burial. 2. The bodies buried in the graveyard are mixed with the soil. If both the conditions mentioned are met, then it is permissible to build a mosque at that place. So prayer is also permissible in it. (Umdatul Qari, 3/435; Fatawa Hindiya, 1/18) But if one of these two conditions is not met, then it is not permissible to build a mosque in that place. So praying in it is tahrimi in Makrooh. (Raddul Muhtar, 3/154; Tatarkhania, 2/162)
  3. If the cemetery is no longer needed. People now bury bodies in other cemeteries. The waqf cemetery is deserted. In that case, there is an opportunity to build a mosque at that place by removing the bones of the grave from that place and burying them elsewhere with dignity. However, in this case too, it would be best to do the work after the bones have merged with the soil. And if people still bury their bodies in that place. If the need for the cemetery is still there, then it will not be permissible to build a mosque in that place as it is contrary to the instructions of the waqf. (Umdatul Qari, 3/435; Fatawa Hindiya, 1/18; Raddul Muhtar, 6/649; Bahrur Rayek, 5/245; Nahrul Fayek, 3/326) 6934243322

- والله اعلم باالصواب -

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