Resolution No.(126) (3/2009) by the Board of Iftaa`, Research and Islamic Studies: "Ruling of Sharia on Building Graves over each other"
Date: 27/4/1430 AH, corresponding to 23/4/2009.
All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
On the above date, the Board reviewed the letter of the Chairman of Abu Nussair Local Committee, No. 6/9/139, 27/1/2009, which includes the intention to build graves over each other.
After deliberating and researching, the Board decided what follows:
In principle, it is imperative that each deceased person is buried in one grave, and it isn`t permissible to bury more than one person in one grave if that wasn`t necessary. However, in case of necessity, such as when there are many deceased persons and it is difficult to bury each in a separate grave, burying them in one grave is permissible.
If the deceased person was buried in a grave, it isn`t permissible to build any structure over it, except that which preserves their corpse and keeps it in its place. Moreover, it isn`t permissible to bury a deceased person over another as indicated by the Hadith of Jabir (May Allah be pleased with him), who said: "The Messenger of Allah (PBUH) forbade that the graves should be plastered (made into permanent structures), used as sitting places (for the people) or building over them." {Muslim}.
In addition, the grave should be in an underground hole, because the Prophet (PBUH) said about those killed in the Battle of Uhud: "Dig graves and make them good and deep………" {Sunan An-Nassa`i}.
In conclusion, it is impermissible to build graves over each other because they are actually like the big drawers of hospitals` mortuary fridges, and not graves in the sense that suits the dignity of the Muslim person. Moreover, there is no need for burying more than one person in one grave since the desert is very vast, a human being is only buried once, and wherever there is a cemetery people can reach it. And Allah knows best.
Chairman of the Iftaa` Board, The Grand Mufti of Jordan, Sheikh Abdulkareem Al-Khasawneh
Vice-Chairman of the Iftaa` Board, Dr. Ahmad Hilayel
Sheikh Sa`eid Hijjawi/ Member
Dr. Mohammad Khair Al-Eesa/ Member
Judge Sari Attieh/ Member
Dr. Abdulrahman Ibdah/ Member
Dr. Mohammad Al-Ibraheem/ Member
Dr. Abdulnaser Abu Al-Basal/ Member
Dr. Mohammad Al-Khalayleh/ Executive Secretary of the Iftaa` Board