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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

Is it permissible for a husband to stop his wife from visiting her family?

A husband shouldn`t stop his wife from visiting her family, and it is disliked for him to do so because such an act makes them harbor feelings of hatred against him.

When does the time for Udhiyah begin?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The time for Udhiyah (sacrificial offering) begins once the sun has risen on the day of Eid al-Adha—which is the tenth of Dhul-Hijjah—and a period of time has passed equivalent to two brief prayer units (Raka'at) and two brief sermons (Khutbah). It then continues until the sunset of the last of the days of Tashreeq, which are the eleventh, twelfth, and thirteenth of Dhul-Hijjah.
 
The Prophet (peace be upon him) said: "All the mountain passes of Mina are places of sacrifice, and in all the days of Tashreeq there is slaughtering." [Narrated by Al-Bayhaqi and Ibn Hibban].
 
The best time to slaughter is after finishing the Eid prayer, due to the saying of the Prophet (peace be upon him):
 
"Indeed, the first thing we begin with on this day of ours is to pray, then we return and slaughter. Whoever does that has attained our Sunnah, and whoever slaughters before [the prayer], it is only meat he has presented to his family; it is not part of the ritual sacrifice (Nusuk) in any way." [ٌReported by Bukhari & Muslim].
 
It is valid to sacrifice at any time, whether by night or by day; however, it is disliked (Makruh) at night. And Allah the Almighty knows best.

Is a woman's prayer performed while following an Imam whose prayer is being broadcasted via the television valid, and does she receive the reward of congregational prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Among the conditions for the validity of following an Imam (Iqtida’) is that the Imam and the follower must be in the same location. Therefore, the prayer of one who follows an Imam whose prayer is being broadcasted via television from a distant location is not valid. However, if the follower is with the Imam in the same mosque, the prayer is valid. And Allah the Exalted knows best.

How should a person who is afflicted with continued major ritual impurity (incontinence of urine, bleeding outside the monthly period) perform ablution?

Such a person should make ablution for every prayer after its due time and after removing impurities from their body and outfit, and should place a fresh diaper whenever needed so as for the impurity not to spread out. They should also perform prayer immediately even if incontinence of urine continued, and should repeat the aforementioned for every obligatory prayer, then perform optional prayer as much as they want.

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