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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 to combine and shorten prayers at home before traveling?

It is impermissible to combine and shorten prayers at home before traveling because a person is called a traveler once he/she departs the borders of his/her country, and offering prayer that way was originally intended to exempt a traveler. And Allah Knows Best.

Is it permissible for a Muslim to slaughter an Aqeeqah on behalf of someone else, and offer it to him as a gift?

In principle, the guardian is the one who should offer the Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth) because he is obliged to provide for the newborn, and it is impermissible for anyone else to slaughter it on his behalf unless with his consent. However, it is permissible for a person to offer the sheep, or its price as a gift to the guardian of the newborn, and then the latter can slaughter it, or deputies someone else to do that on his behalf.

1- A young man whose father and grandfather are dead. Unfortuntly, he passedaway leaving a mother, two sisters and a brother. Do his paternal uncles inherit him? 2- A man died leaving daughters, a wife, brothers, a mother or no mother. It is well known that the daughters inherit two thirds and the wife one eighth. To whom does the rest of the estate go and what is the evidence on that from the texts of Sharia?

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
1- The full brother or the paternal half-sibling disinherits the paternal uncles. The paternal half-sibling takes one sixth and because they are from the Asabah (Male relatives on the father`s side) of the deceased they take the rest of the estate. The proof of this is that Ibn ‘Abbas (May Allah Be Pleased with them) reported God’s Messenger (PBUH) as saying: "Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir." [Agreed upon]. In this case, nothing is left to them.
2- The brothers take the rest of the deceased`s estate and the full brother disinherits the paternal half-sibling, and the proof of this is the aforementioned narration. And Allah The Almighty Knows Best.

Is it permissible for the woman who is observing Iddah after the death of her husband to exchange calls with her relatives and husband`s family call?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is permissible for the woman who is observing Iddah* after death of husband to exchange calls with them; however, when she speaks to non-Mahrams , she shouldn`t be soft of speech and she should be straight to the point. This because Almighty Allah Says (What means): "O ye wives of the Prophet! Ye are not like any other women. If ye keep your duty (to Allah), then be not soft of speech, lest he in whose heart is a disease aspire (to you), but utter customary speech." [Al-Ahzaab/32]. And Allah The Almighty Knows Best.
 

 [1] The iddah is a waiting period that a Muslim woman observes after the death of her husband or after a divorce. The Quran says: For those men who die amongst you and leave behind wives, they (the wives) must confine themselves (spend iddah) for four months and ten days.

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