Dars e Imam-Scholars On Graves

“Bismillahir Rahmannir Raheem””Al-Hamdu Lillaahi Rabbil ‘Aalameen was Salaatu was- Salaamu ‘Alaa Sayidinaa Muhammadin wa Aalihi wa Asabihi Ajma ‘een (tauheed- risalat- ahkirat and islam-iman-ihsan)

The Malikite Qadi of Baghdad, Abu’l-Hasan ‘Ali b. Umar b. Ahmad al-Qassar (d. 1008) allowed building a qubba, a bayt, or a madrasa over a tomb, so long as it did not touch the grave proper, as so long as the structure did not strive for vainglory and plomp(mabaha).
(1). Ibn al-Siddiq al-Ghumari in his Ihya al-Maqbur min Adillat Istihbab Bina al-Masajid wa-l-Qibab ‘alal-Qubur (Cairo, ca 1925), p.11. His report goes back to a risala of a al-Tamimi al-Maghribi al-Tunisi (for him see ‘Umar Rida Kahhala, Mu’jam al-Mu’allifin, 15vols.(Damascus, 1372-81/1957}, vol 2, p.263). The attitude of Ibn al-Qassar was applauded by ibn Rushd(Ibn al Siddiq al Ghumari, Ihya, p.11)
(2). Ibidem. His source is a sharh commentary of a al-Sijilmasi.

Ibn Hazm(d.1064) of Cordoba, in Kitab al-Muhalla(vol 5, p.133): “If over it [sc. the grave] a bayt or a raised construction(qaim) was built, this was not regarded as objectionable.” Ibn Hazm, in the same book(5:133) said: “He [sc. Muhammad ﷺ] already announced the place of his grave by his word: ‘The space that lies between my grave and my minbar belongs to the garden of paradise.’ By saying that, he announced that it

[sc. his grave]

would be in his bayt. He did not object to his grave’s being located inside the bayt and [therefore] did not object to an erected building (bina qaim)[on the a grave].”

The Hanbalite Ibn Muflih (d. 1362) in his Furu(2:272) unambiguously says the same thing when he quotes from Kitab al-Mustau’ab: “A pompous building (bina al-fakhir) is objectionable. But he [sc. the author of the Kitab al-Mustau’ab] emphasizes that there is no objection to a building enclosing it

[sc. the tomb]

(bina mulasiq) because its intention is to mark and preserve it.” Ibn Mufilh(Furu(2:272)) also quotes Kitab ak-Muharrar:”There is no objection to a qubba, a bayt, or a hazira on an owner’s land. For burial at such a place, even though it is like this[i.e., even

though there is a building standing over the grave], is permitted(ma’dhun).” Also see ‘Amili 4:20 for his distinction between grave of general populace from grave of righteous.

In Al-Khadim, Imam Badr Al-Deen Al-Zarkashi quotes at length the words of the sheikh and imam, Sharaf Al-Deen Al-Ansari regarding the Qarafah [m: (a graveyard near Cairo)], during which he [m: i.e., Al-Zarkashi] says:

The early Muslims (Ar. Salaf) (Allah be pleased with them) witnessed this greater and lesser graveyard in the past. Graves and structures were constructed in it, yet none of the scholars of the time opposed it in word or action. He [m: (i.e., Al-Ansari)] says, “they built the dome of Imam Al-Shafi’i (Allah be pleased with him) and his academy in it and the other shrines are like this.”
[m: After finishing up the quotation from Al-Ansari, Al-Zarkashi says: ]One of the late scholars said, “his [m: i.e. Al-Ansari’s] words indicate that building in public graveyards is not forbidden.” And if it is not forbidden to build in public graveyards, then a fortiori, it is not forbidden to build in wastelands or private property with the permission of the owner.

In the Mustadrik, immediately after rigorously authenticating the hadiths on the prohibition of building and writing on graves, Imam Al-Hakim mentions, “These [m: hadiths] are not acted upon, for all Muslim imams, east and west, have structures over their graves, and this is

something that the later generations (Ar. khalaf) took from the early generations (Ar. salaf). Al-Burzuli said, ‘it is therefore a matter of consensus.’”

One of the late scholars of our imams mentioned beautiful words that support the permissibility of building atop graves, “[m: Scholars] have mentioned the validity of leaving a bequest to construct Al-Masjid Al-Aqsa and the graves of the prophets ﷺ Sheikh Abu Muhammad incorporated the graves of scholars and the righteous under this [m: ruling] because it entails reviving visitation [m: of their shrines]. In Al-Waseet and Al-Ihya, Al-Ghazali says that which indicates the permissibility of building atop the graves of the scholars of religion, sheikhs of Islam, and other righteous people. It is not far-fetched that this permissibility is based on honouring them.

Like Al-Waseet and Al-Ihya, Sharh Al-Tanbeeh by Imam Ibn Al-Rif`ah contains that which indicates the permissibility of building [m: atop graves], or rather, its praiseworthiness. There is no doubt regarding this, for it is found in all the lands of Islam in the past and present.

None of the scholars or righteous people, who are the guardians of the religion, have been referenced as having opposed this in word or action, yet there is no doubt that they were able to do so. And Allah Most High knows best.

Do you Know why Prophet Muhammad ﷺ burried in Hujra of Mother Aisha(Radiallah anha)?
Because Mother Aisha said,”the grave of the Prophet ﷺ would have been made prominent but I am afraid it might be taken (as a) place for praying.’ So his grave was Inside the Hujra of Mother Aisha’ now you tell me why you People Plaster the graves? when it is forbiddent to Plaster?

and open challenge for you where does Ahadith Permit you to construct Mazaar,Plastered graves etc.?
Sahih Bukhari Volume 2, Book 23, Number 414:Narrated ‘Urwa:Aisha said, “The Prophet in his fatal illness said, ‘Allah cursed the Jews and the Christians because they took the graves of their Prophets as places for praying.”‘ Aisha added, “Had it not been for that the grave of the Prophet ﷺ would have been made prominent but I am afraid it might be taken (as a) place for praying

People targeted prophet ﷺ

1.poet/shayar –when quran was revealed and he recited it to the people.

2.saahir/magician-when moujizat/miracle were done to prove his prophethood.

3.kaahin/witchcraftsmanship- when the news pertaining to knowledge of unseen(ilm e ghaib) was revealed.

4.majnoon/mad –when he spoke about alam e ahkirat/future.

When I want to talk to allah I say prayers and when I want that he talk to me I recite quran- Hazrath Ali(ra)

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