From `Abdul `Aziz ibn `Abdullah ibn Baz to the honorable prince, may Allah grant him success and let Al-Haqq (the Truth) be victorious with his support! Amen.

Some sincere advisors wrote to me about a grave that is being worshipped instead of Allah in your country. Attached is a copy of his letter along with two photos of the said grave. I hope Your Eminence can issue an order to undermine this grave and prevent people from excessively praising it and offering sacrifices to its dweller. This is because excessiveness related to graves is as an act of the first Jahiliyyah (pre-Islamic time of ignorance). Besides, drawing closer to the dwellers of graves by offering sacrifices or vows or seeking their help are acts of Jahiliyyah, which Muslim rulers should put an end to.

The mortal remains should be moved to the public cemetery; each corpse should be buried in a separate hole in the ground and its surface should be leveled like all other graves, in order to hide it from people, lest they should over-praise it again.

It is reported that `Umar ibn Al-Khattab (may Allah be pleased with him) did the same with the grave of Daniel, whom the Persians used to over-praise; he ordered them to dig thirteen graves during the daylight and put the corpse in one of them at night and then to level all the graves so that people could not discern his grave.

May Allah bless you wherever you are and make the religion victorious with your support! May Allah guide you to do that which He loves and that which pleases Him!
May Allah help you protect the purified Shari`ah (Islamic law) from contraventions! He is the Most Generous. As-salamu `alaykum warahmatullah wabarakatuh.

Chairman of Chairman of the Departments of Scholarly Research, Ifta', Daw`ah, and Guidance

Ibn Baz Fatwas > Volume 27 > Book on Da`wah

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Wahhabi Bone Collectors

Removing "Shirk"!

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The Tomb of Prophet Daniel :

The alleged proof of salafist grave diggers

Here

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Abul Aalia said: “When Tastar was invaded, we found, in the treasure house of Al-Harmazan, a bed on which lay a dead man, with a holy script at his bedside. We took the scripture to Umar Ibn Al-Khattab.

He called Ka’b and he translated it into Arabic, and I was the first Arab to read it.

I read it as I read the Quran.”

Here, I (i.e. Khalid Ibn Dinar) said to Abul Aalia: “What was in it?” He said: “Life history, annals, songs, speech, and what is to come.” I asked: “And what did you do with the man?” He said: “We dug in the river bank thirteen separate graves. At nightfall we buried him and leveled all the graves in order to mislead people for they would tamper with him.”

I asked: “And what did they want from him?” He said: “When the sky was cloudless for them, they went out with his bed, and it rained.” I asked: “Who did you think the man was?” He said: “A man called Daniel.” I asked: “And for how long had he been dead when you found him?” He said: ‘Three hundred years.” I asked: “Did not anything change on him?” He said: “No, except for the hairs of his face (beard and mustache); the skin of the prophets is not harmed by the earth, nor devoured by hyenas.”

[Narrated by Ibne Abi Duniya, Behaqi, Muhammad bin Ishaq in Maghazi, Ibne Kathir in his book Stories of the Prophets]
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Umar bin al Khattab(RA), kept the grave of prophet Daniel(AS), away from the Jews

Firstly, this narration has nothing to do with having structures over the graves. Therefore the idea of permitting vandalism and desecration of graves on the mere existing of a structure over the grave is never derived from this.

Secondly, Wahhabiyyah are misleading by not clarifying the contextual details of the incident. The Jews were actually using the remains of the Prophet Daniel by bringing it out into the open. The narration quoted by them itself mentions this fact, that, the body was kept in the open lying on a bed.

From the details of it, we can clearly see that the Jews used to constantly dig out the coffin and move the coffin around between two groups of people.

So it in this context that Umar bin al-Khattab(RA) kept the body and grave away from them.

It had nothing to do with having a construction over the grave nor even to do with the fact that the Jews sought tawassul by it. On the contrary, it was because the remains of the Prophet was being fought over by the groups of people and rights of the dead being violated in this manner. Such violation was then prevented and the remains finally laid to rest safely to prevent it from happening again.

Therefore, the Salafis have no proof in this whatsoever. This is rather a proof against the salafi grave diggers. In attempt to force their heretical ways upon the Muslims, groups of armed fanatic bigots from the Salafi sect wreck destruction of the graves and dig out their remains. By this they are in effect violating the rights of the dead, the very matter Umar bin al-Khattab(r) sought to prevent.

The Messenger of Allah, (may Allah bless him and grant him peace), cursed those

“who dug up graves”. (Al-Muwatta of Imam Malik).

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Imam al-Baydhawi (d. 685 AH):

لما كانت اليهود يسجدون لقبور الأنبياء تعظيما لشأنهم ويجعلونها قبلة ويتوجهون في الصلاة نحوها فاتخذوها أوثانا لعنهم الله ومنع المسلمين عن مثل ذلك ونهاهم عنه أما من اتخذ مسجدا بجوار صالح أو صلى في مقبرته وقصد به الاستظهار بروحه أو وصول أثر من آثار عبادته إليه لا التعظيم له والتوجه نحوه فلا حرج عليه ألا ترى أن مدفن إسماعيل في المسجد الحرام عند الحطيم؟ ثم إن ذلك المسجد أفضل مكان يتحرى المصلي لصلاته والنهي عن الصلاة في المقابر مختص بالمنبوشة لما فيها من النجاسة
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Imam al-Nawawi (d. 676 AH):

He said in his Sharh upon Sahih Muslim (translation taken from here):
وأما البناء عليه فإن كان في ملك الباني فمكروه ، وإن كان في مقبرة مسبلة فحرام . نص عليه الشافعي والأصحاب . قال الشافعي في الأم : ورأيت الأئمة بمكة يأمرون بهدم ما يبنى ، ويؤيد الهدم قوله : ( ولا قبرا مشرفا إلا سويته
“As for building upon [a grave], then if (a) [the earth on which the grave is built] belongs to the one who builds over it, [building over it] it is offensive, whereas if (b) it is in a public graveyard, then it is unlawful.

*Imam Shafi`i and the early scholars of his school have explicitly said this. Shafi`i said in his book, al-Umm,

“I have seen the scholars of Mecca command the demolition of [graves] that are built over. Such demolition is supported by the hadith, “… nor an elevated grave except that you level it …””

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As for the 'Imarat al-Qubur of the Anbiya`,

'Ulama and Salihin:

He said in his Rawdhat al-Talibin:
يجوز للمسلم والذمي الوصية لعمارة المسجد الأقصى وغيره من المساجد ، ولعمارة قبور الأنبياء ، والعلماء ، والصالحين ، لما فيها من إحياء الزيارة ، والتبرك بها

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Imam Imam Ibn Rajab (d. 795 AH) mentions that it's allowed according to most scholars (translation taken from here):
وأكثر العلماء على جواز الدفن في البيوت، ووصى يزيد بن عبد الله بن الشخير أن يدفن في داره، فدفن فيها، وشهد الحسن جنازته، ولم ينكر ذلك أحد
"The majority of scholars hold the view of the permissibilty of burial within buildings. Yazid bin Abdullah bin al-Shakhir instructed that he buried in his home, and he was buried there. Hasan attended his funeral and no one condemned this."
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Imam Ibn 'Aqil (d. 513 AH) mentioned in his al-Fusul - as quoted in al-Insaf - that it's allowed to build a dome or a tomb upon a grave that belongs to the one who builds it and otherwise it's disliked (i.e. if it's a public graveyard), because it narrows the space:
القبة والحظيرة والتربة ، إن كان في ملكه فعل ما شاء ، وإن كان في مسبلة كره للتضييق بلا فائدة ، ويكون استعمالا للمسبلة فيما لم توضع له
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Imam al-Nawawi (d. 676 AH) makes a clear distinction between the land that belongs to the one who builds upon it and between a public graveyard and how he mentions the qoute of Imam al-Shafi'i (d. 204 AH) in the context of public graveyards.

Some ignorant people have unfortunately taken the statement of Imam al-Shafi'i out of it's context and are [mis]using it in order to to justify their crimes (i.e. going aroung and destroying the graves of the Awliya` and Salihin, bombing their graves and digging people out of their graves).

(And it's not surprising that these ignorant people have lied against Imam al-Shafi'i - without realising it - for they have even lied against Rasulullah - sallallahu 'alayhi wa sallam - and acted as if he ordered the desecration of the graves of the Awliya` of Allah!)

* So let's see what Imam al-Shafi'i himself said in his Kitab al-Umm:
عن طاوس : { إن رسول الله صلى الله عليه وسلم نهى أن تبنى القبور أو تجصص } ( قال الشافعي ) : وقد رأيت من الولاة من يهدم بمكة ما يبنى فيها فلم أر الفقهاء يعيبون ذلك فإن كانت القبور في الأرض يملكها الموتى في حياتهم أو ورثتهم بعدهم لم يهدم شيء أن يبنى منها وإنما يهدم إن هدم ما لا يملكه أحد فهدمه لئلا يحجر على الناس موضع القبر فلا يدفن فيه أحد فيضيق ذلك بالناس
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He mentions that he saw from the authorities in Makkah those who destroyed that which is build [upon the graves] and that the Fuqaha` did not critisize that. Then he mentioned that if the land belonged to the one who died in his lifetime or has been inherited, then nothing of it (that which is built upon the grave) can be destroyed; and that only that is destroyed which does not belong to anyone, so that it does not take the place of other and narrows the space.

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The hadith as related by Imam Al-Bukhari (435) & Muslim (531) is as follows:

The Messenger of of Allah (Allah bless him and give him peace) said in his final illness, “May Allah curse the Jews and Christians who took the graves of their Prophets as masajid.”

Explanation

Masajid is the plural of masjid, which is the name of a physical place/location. The hadith is referring to the actual place of the grave itself and is not referring to that which surrounds the grave, is adjacent to the grave, or is above the grave.

Allamah Ali al-Qari said in his Sharh al-Mishkat (1/470)

They made masajid upon them. He said: the conditional clause [upon them] indicates that making a masjid adjacent to graves is permitted [la ba’s bihi].

Ibn Abd al-Barr said in Al-Tamhid (6/383)

This hadith contains the permissibility of supplicating against the people of disbelief, the prohibition of prostrating upon the graves of the Prophets. This includes that it is prohibited to prostrate to anyone other than Allah (Azza wa Jall). The hadith can be interpreted to mean that the graves of the Prophets are not taken as a qibla (direction of prayer) to which prayers are directed…A group claimed that this hadith is evidence that it is disliked to pray in a graveyard or with a graveyard in front of one, however I do not regard this to be a proof for this.

Ibn Abd al-Barr said at another place in Al-Tamhid (5/45)

The Messenger of Allah (Allah bless him and give him peace) warned his companions and the rest of his community of the bad practices of the nations which had preceded him, who would offer prayer to the graves of the Prophets, taking them as a qibla and masjid (place of prostration).

Allamah al-Baydawi said:

When the Jews and Christians had prostrated to the graves of their Prophets out of honouring them and making them a qibla to which they would direct their prayers, taking them as idols.

Allamah al-Tibi said in Sharh al-Mishkat (2/235)

As for the person who makes a masjid adjacent to [the grave of] a pious person or prays in his cemetry, intending by it istizhar of his soul, or attaining a trace from his worship, not out of honouring or facing the direction of the grave and its like, then there is no harm in this. Do you not see that the resting place of Ismail (Upon him be peace) is in the Masjid al-Haram at the Hateem?

Similar points were mentioned by Qadi Iyad in Ikmal al-Muallim (2/450-452); Imam al-Nawawi in Sharh Sahih Muslim (3/17); Imam al-Qurtubi in al-Mufhim (2/128) and al-Turbushti in Mirat Sharh al-Mishkat (2/419).

Allamah al-Sayyid al-Samhudi in Wafa al-Wafa (2/557) said

There remains adjacent to the noble graves the space for one grave. This supported by that which is narrated by Aishah (Allah be pleased with her)…her granting permission to Hasan bin Ali (upon him be peace) to be buried in the room. However Bani Umayyah prevented the burial.

Likewise that which is related in Sahih al-Bukhari from Hisham bin Urwah that Aishah instructed Abdullah bin al-Zubair: ‘Do not bury me with them’ [meaning the Prophet (Allah bless him and give him peace) and his two companions] rather bury me with the companions of al-Baqi…
Al-Ismaili related this and cited the additional wording: ‘There was the space of a grave in her house’, however in the Sahih it is mentioned that Umar bin al-Khattab when he sent the message to Aisha requesting to be buried alongside the Prophet (Allah bless him and give him peace) and Abu Bakr, she replied: I had wanted it for myself, however today I give others preference to it over myself.

Imam Ibn Rajab al-Hanbali’s Confirmation of the Above

Ibn Rajab al-Hanbali said in his Fath al-Bari (3/233)

The majority of scholars hold the view of the permissibilty of burial within buildings. Yazid bin Abdullah bin al-Shakhir instructed that he buried in his home, and he was buried there. Hasan attended his funeral and no one condemned this.

Sayyidah Aishah’s Offering Prayer in the Prophetic Chamber
For the duration that the Prophet (Allah bless him and give him peace) and then Abu Bakr (Allah be pleased with him) were buried in the room of Sayyidah Aishah (Allah be pleased with her) she would offer prayer in the room next to the noble grave. However when Sayydina Umar (Allah be pleased with him) was buried in the room she had a wall constructed between her and the graves, or would fully cover herself.

There are a couple of differing narrations detailing this in the Tabaqat Ibn Sa’d (2/294) the strongest of them being the following

Saeed bin Sulaiman informed us saying Abd al-Rahman bin Uthman bin Ibrahim informed us saying, I heard my father mention: Aishah would open her hijab up to the time when her father was buried alongside the Messenger of Allah (Allah bless him and give him peace). When Umar was buried there she covered up fully and did not untie her hijab.

This is supported by that which is mentioned by Ibn Zabalah (as cited by Ibn Asakir in his Tuhfah p.224) that

Ismail bin Ubaydullah narrated to me from his father from Amrah from Aishah (Allah be pleased with her) that she said: I used to remove my hijab and wear my normal clothing until Umar was buried [in the room]. I then was always carefully observed my clothing until a wall was built between me and the graves.

Friday Prayer in the Prophetic Chamber Due to Lack of Space

When there was no space in the masjid people would enter the rooms of the Prophet (Allah bless him and give him peace) and offer prayer therein. Ibn Shabbah said in Tarikh al-Madinah (as cited by Ibn Najjar p.152 and Ibn Taymiyyah in Rad ala al-Akhnai p.121)

Al-Qanabi and Abu Ghassan narrated to me from Malik that: People would enter the rooms of the wives of the Prophet (Allah bless him and give him peace) to pray therein on Fridays. This was after the passing away of the Prophet (Allah bless him and give him peace), this was when there was no space in the masjid.