Fatwa ID: 04921
Answered by: Mufti Mohammed Tosir Miah
Question
Is it permissible to have a dome over a grave?
In the name of Allah, the Most Gracious, the Most Merciful
Answer
It is narrated by Saaiduna Jabir Radiallahu Anhu that the Prophet of Allah Sallallahu Alahi Wasallam has forbidden plastering the walls of graves, to make them a place to sit or to build over them constructions. (Sahih Muslim)
Allamah Ibn Abidin Shami (RA) said, “It is reported from Imam Abu Hanifah that he considers it Makruh (Tahrimi)because of the hadith of Saaiduna JabirRadiallahuAnhu…(Raddul Muhtar p.142 v.3)
Alllahmah Alusi (RA) writes:
“This is consensus that from the prohibited things and things which can lead to shirk is praying salah at the graves, to build mosques or structures over the graves. It is obligatory (wajib) to remove the high graves and large structures over the graves because they are more dangerous than Masjid Dhirar and they are built by the disobedience of the Prophet of Allah Sallallahu Alahi Wasalam.”(Ruhul Maani under Surah al-Kahf, v.21)
In Fatawa Qadhi Khan it is mentioned:
“And graves should not be plastered because of what is reported from the Prophet (saw) that he forbade Tajsis (plastering), Tafdid (putting silver on it), building over the grave…because of what is narrated from Imam Abu Hanifah (RA) that graves should not be plastered nor coated with clay, nor any construction should be elevated on it.” (Fatawa Qadhi Khan p.93 v.1)
What we can derive from the aforementioned hadith and references from the Hanafi Fiqh is that it is impermissible to build structures, domes, or buildings around a grave.
The common objection people have is that if it is impermissible, then why is there a dome over the grave of the Prophet of Allah Sallallahu Alahi Wasallam.
The answer to that would be the place where the Prophet of Allah Sallallahu Alahi Wasallam is buried in was the house of Saaidah Aaisha Radiallahu Anha as Saaiduna Abu Bakr Radiallahu Anhu heard the Prophet of Allah say: ‘A dead Prophet is buried where he dies.’ (Sunan Tirmizi & Sunan Ibn Majah) Therefore, as the place where the Prophet of Allah Sallallahu Alahi Wasallam was buried was a building from before, no one can derive the permissibility that buildings and monuments can be built over a grave.
Only Allah Knows Best
Written by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
