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Warning against building mosques over graves

Question: Is it permissible to build a mosque over the location of the People of the Cave?

Answer: I answered, saying:
In the name of Allah, and praise be to Allah, and peace and blessing be upon the Messenger of Allah. To proceed: I have reviewed what was published in the third issue of the journal of the League of Islamic Sciences in the section (News of the Muslims for the month). The League of Islamic Sciences in the Hashemite Kingdom of Jordan intends to build a mosque over the cave that was recently discovered in the village of al-Ruhaib, which is the cave said to be the one in which the People of the Cave mentioned in the Noble Qur'an slept, end of quote.
And out of the obligation of sincere counsel for the sake of Allah and His servants, I saw fit to direct a word, in that same journal, to the League of Islamic Sciences in the Hashemite Kingdom of Jordan, its content being advice to the League regarding the carrying out of what it had intended, namely the building of a mosque over the aforementioned cave — and this is because building mosques over the graves of prophets and righteous people and their relics is something that the complete Islamic Shariah has prohibited, warned against, and cursed whoever does it; because it is one of the means leading to shirk and excessiveness regarding prophets and righteous people. Reality bears witness to the truth of what the Shariah has brought, and is evidence that it is from Allah, Mighty and Majestic, and a clear proof and decisive argument for the truthfulness of the Messenger of Allah ﷺ in what he conveyed from Allah and delivered to the ummah. Whoever reflects upon the conditions of the Islamic world and what has occurred within it of shirk and excessive veneration, due to the erection of mosques over graves, their glorification, furnishing, and beautification, and the appointment of caretakers for them, will know with certainty that these are among the means leading to shirk. Among the merits of the Islamic Sharia is its prohibition of this and its warning against erecting such structures. Among what has been reported in this regard is what al-Bukhari and Muslim, may Allah have mercy on them both, related from Aisha, may Allah be pleased with her, who said: The Messenger of Allah ﷺ said : Allah cursed the Jews and the Christians; they took the graves of their prophets as places of worship.'Aishah said: he was warning against what they had done. She said: were it not for that, his grave would have been left exposed, but he feared that it would be taken as a mosque. And in the two Sahihs also: that Umm Salamah and Umm Habibah, may Allah be pleased with them both, mentioned to the Messenger of Allah a church which they had seen in the land of Abyssinia, and what was in it of images, and he said: Those people, when a righteous man died among them, would build over his grave a masjid and depict therein those images; those are the worst of creation in the sight of Allah. And in Sahih Muslim, on the authority of Jundub ibn Abdullah (subhanahu wa ta'ala) said: I heard the Messenger of Allah Five [days/years] before he died, saying: Indeed, I declare myself innocent before Allah of having any close friend among you, for Allah has taken me as a close friend just as He took Ibrahim as a close friend. Had I been one to take a close friend from my nation, I would have taken Abu Bakr as a close friend. Verily, those who came before you used to take the graves of their prophets and righteous people as places of worship. Indeed, do not take graves as places of worship, for I forbid you from that.And there are many hadiths on this topic. The imams among the scholars of the Muslims from all four madhhabs and others have stated explicitly the prohibition of building mosques over graves, and they have warned against that, in accordance with the sunnah of the Messenger and as advice to the ummah and a warning to it against falling into what those before it fell into from among the extremists of the Jews and Christians and their like from among the misguided of this ummah. It is obligatory upon the Islamic Sciences League in Jordan and upon other Muslims to hold fast to the sunnah, and to proceed upon the path of the imams, and to be wary of what Allah and His Messenger warned against, for in that lies the righteousness of the servants, their happiness, and their salvation in this world and the hereafter. Some people have clung, in this matter, to His saying (subhanahu wa ta'ala) In the story of the People of the Cave:
وَكَذَٰلِكَ أَعۡثَرۡنَا عَلَيۡهِمۡ لِيَعۡلَمُوٓاْ أَنَّ وَعۡدَ ٱللَّهِ حَقّٞ وَأَنَّ ٱلسَّاعَةَ لَا رَيۡبَ فِيهَآ إِذۡ يَتَنَٰزَعُونَ بَيۡنَهُمۡ أَمۡرَهُمۡۖ فَقَالُواْ ٱبۡنُواْ عَلَيۡهِم بُنۡيَٰنٗاۖ رَّبُّهُمۡ أَعۡلَمُ بِهِمۡۚ قَالَ ٱلَّذِينَ غَلَبُواْ عَلَىٰٓ أَمۡرِهِمۡ لَنَتَّخِذَنَّ عَلَيۡهِم مَّسۡجِدٗا
And thus We made their case known to the people, that they might know that the Promise of Allah is true, and that there can be no doubt about the Hour. (Remember) when they (the people of the city) disputed among themselves about their case, they said: "Construct a building over them, their Lord knows best about them," (then) those who won their point said (most probably the disbelievers): "We verily shall build a place of worship over them."
Qur'an 18:21 — trans. Hilali & Khan
The answer to that is as follows: Allah, glorified and exalted, related concerning the leaders and those in positions of authority in that time that they said this statement, and this is not by way of approval and affirmation of them, but rather by way of censure, condemnation, and warning against their conduct. What indicates this is that the Messenger on whom this verse was revealed, and who was the most knowledgeable of people regarding its interpretation, forbade his nation from taking graves as mosques, warned them against that, and cursed and censured whoever did it. Had that been permissible, the Messenger of Allah would not have been so severe severe warning about that and went to great lengths in it, until he cursed whoever did it, and informed that such people are among the worst of creation in the sight of Allah, the Mighty and Majestic. This is sufficient and convincing for one seeking the truth. Even if we were to suppose that taking graves as places of masjid was permissible for those before us, it would not be permissible for us to follow their example in that, because our sharia abrogates the sharias that came before it, and our Messenger, may Allah's peace and blessings be upon him, is the seal of the messengers, and his sharia is complete and general, and he forbade us from taking graves as places of masjid. So it is not permissible for us to oppose him; rather it is obligatory upon us to follow him and hold fast to what he brought, and to abandon whatever conflicts with that from the old sharias and the customs deemed good by those who practiced them, because there is nothing more complete than the sharia of Allah, and no guidance better than the guidance of the Messenger of Allah It is Allah alone who is asked to grant us and all Muslims success in remaining firm upon His religion and holding fast to the shari'ah of His Messenger Muhammad ﷺ, in words and deeds, outwardly and inwardly, and in all matters, until we meet Allah, the Mighty and Majestic; indeed He is All-Hearing, Ever-Near. And may Allah send salah and peace upon His servant and Messenger Muhammad, and upon his family and companions, and upon those who follow his guidance until the Day of Judgment.[1]
  1. Majmu' Fatawa wa Maqalat Mutanawwi'ah li al-Shaykh Ibn Baz (1/433).