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Resolutions of Iftaa' Board

Resolution No.(126): "Ruling of Sharia on Building Graves over each other"

Date Added : 18-12-2017

Resolution No.(126): "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…" {Sunn 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

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Summarized Fatawaa

I have a date farm, and the dates come in different categories, and within each category there are different sizes. How is zakāh paid on the yield?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the yield reaches the niṣāb (the minimum threshold for zakāh to become obligatory) — which is five awsuq (plural of wasq), equivalent to (611) kg — then zakāh becomes obligatory upon it, at a rate of one-tenth ('ushr) if irrigated by rainwater (i.e., naturally, without the use of machinery), or one-twentieth (half of the 'ushr) if irrigated using machinery/equipment.
If the yield of dates consists of different varieties, then zakāh should be paid from each variety according to its respective proportion. If this proves difficult, it is permissible to pay from a medium-quality variety [representative of the average].
It is stated in Ḥāshiyatā Qulyūbī wa ‘Umayrah (Vol.2/P.22): "Different varieties are combined together [for the purpose of calculating the niṣāb] — such as the various types of dates, the various types of raisins, and so on — and zakāh is paid from each type according to its respective proportion. However, if this becomes difficult due to the large number of varieties and the small quantity of each individual type, then zakāh should be paid from a medium-quality variety among them — neither the best nor the worst — out of consideration for both sides [the giver and the poor recipient]. If one goes to the trouble of paying from each variety according to its proportion, this is also permissible." And Allah, the Exalted, knows best.

If someone fasts on the White Days with the intention of making up for missed fasts (qada), will they receive the reward for both voluntary and obligatory fasting?

Making up missed obligatory fasts (qada) is mandatory, and the intention for qada must be specified.
If a person makes up their missed Ramadan fasts on the White Days, they must intend qada, but they may also intend to fast the White Days, and Allah willing, they will receive the reward for both.
This is similar to entering a mosque and praying an obligatory prayer, where the person also earns the reward of Tahiyyat al-Masjid (greeting the mosque) if they intend both.
● If the person missed their fasts due to a valid excuse, they may wait and fast on the White Days.
● However, if they missed the fasts without a valid excuse, they must make up the fasts immediately and should not delay them until the White Days.

Is it valid to perform the obligatory prayer while sitting?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Standing (Al-Qiyam) while having the ability to do so is one of the pillars (Arkan) of the prayer; the obligatory (Faridah) prayer is not valid without it. However, whoever is unable to stand may pray sitting down. As for voluntary (Nafilah) prayers, it is permissible to pray them sitting even if one is able to stand, but the one sitting receives half the reward of the one who prays standing. And Allah the Exalted knows best.

What is the ruling on praying in congregation at the mosque?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Congregational prayer (Salat al-Jama‘ah) is a communal obligation (Fard Kifayah) for resident men regarding the performance of the prescribed (obligatory) prayers. For men, praying in congregation at the mosque is better than praying elsewhere, such as at home. On the authority of Abdullah bin Umar, the Messenger of Allah ﷺ said: 'Prayer in congregation is twenty-seven degrees more excellent than the prayer of a person alone' (Reported by Bukhari & Muslim). Furthermore, on the authority of Abu Hurayrah, the Messenger of Allah ﷺ said: 'Shall I not tell you that by which Allah erases sins and raises ranks?' They said, 'Of course, O Messenger of Allah.' He said: 'Performing wudu thoroughly despite difficulties, taking many steps toward the mosques, and waiting for the next prayer after the prayer; that is your Ribat (steadfastness)' (Narrated by Muslim).
 
As for a woman, her praying in congregation at home is better for her than in the mosque, according to the saying of our Master the Prophet ﷺ: 'Do not prevent your women from attending the mosques, but their homes are better for them' (Narrated by Abu Dawood). Young boys should be encouraged to attend the mosques and congregational prayers so they may become accustomed to them. And Allah the Exalted knows best.

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