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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

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

What should a person do if they suffer from an incurable illness that prevents them from fasting?

A person who has an illness that is not expected to be cured and prevents them from fasting must feed a needy person one mudd (600 grams) of food (such as wheat or rice) for each missed day instead of fasting.
Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184].

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