Question:
Respected Mufti Saheb,
May Allah preserve you in the best condition. A brother who is establishing a Muslim cemetery has the following questions:
- Is it permissible for the graves to face east or west, instead of being angled in the direction of the qiblah, in order to maximize the number of graves within the cemetery?
- Is it permissible to dig a grave nine feet deep and place a concrete slab directly above the body, in order to bury a second body above it later on (within the same grave)? This will result in two, four-foot compartments—one above the other. The concern is spatial and financial limitations.
Jazakal-Lāhu khayrā,
Answer:
Wa Alikum As Salam,
- May Allah accept your duas and also bless you with goodness. With respect to your questions, the following are the answers:
The graves for Muslims should be dug in a manner that when the deceased is placed into the grave, he is turned to his right side and made to face the direction of the Qiblah. Therefore, the grave must be dug in a way that the right side of the grave is angled in the direction of the Qiblah. While mentioning this, the Fuqaha (Jurist experts) have stated, ‘The deceased would be turned towards the Qiblah on his right side since the Prophet (S.A.W) has instructed this. In a hadith recorded by Imam Abu Dawood, it is narrated that the Prophet (S.A.W) said ‘The Baitul Haram is your Qiblah, while you are alive and when you are dead’. While commenting on this, the great jurist expert, At Tahtawi writes, ‘and the deceased will be turned towards the Qiblah’ means that it is ‘Wajib’ to do so as mentioned in Ad-Durr or it is Sunnah, as it is mentioned by Ibn Ameer Hajj from the Imam. Therefore, if the deceased has not been placed towards the Qiblah or it has been placed on its left side and then the people remember, Imam Abu Hanifa (A.R) has said that if the grave has not yet been covered with dirt, they will remove the wood/bricks which blocked the body, and turn it to its right side (facing the Qibla)’. It is also narrated that when a man from Banu Abdul Mutalib died, the Prophet (S.A.W) instructed Ali (R.A) and said ‘O Ali, turn him towards the Qiblah completely’. (Hashiya At Tahtawi Ala Maraqi Al Falah page. 609 Qadeemi Kutub Karachi)
Imams Shafi and Ahmad (A.R) have also stated that it is Wajib to place the body in the grave while turning it to the direction of the Qiblah. (Al Fiqh Al Islami Wa Adillatuhu Vol. 2 page. 1550 Maktaba Rasheediya Queta).
- With respect to the explanation you have given in the second question, there are three concerns:-
- Each grave will only be four feet deep.
- A concrete slab will be used to seal off the body.
- One grave will be built upon another existing grave.
With respect to the first issue, all the Imams of Fiqh have stated that a grave must be dug deep and wide since the Messenger of Allah (S.A.W) said ‘Dig the grave, make it wide and dig it deep’. (Tirmidhi). Based on this, the Imams of Fiqh have mentioned that graves must be wide and deep. Imams Shafi and Ahmad (A.R) have stated that the depth of the grave should be to the height of a man. This is based upon the statement of Umar (R.A) who said, ‘Dig a grave deep enough for a man’s height and make it broader’. Imam Ahmad (A.R) also mentioned that the grave can be dug to a depth which is equal up to the chest of the person. According to the Madhab of Imam Abu Hanifa, the grave should be dug to such a depth that equals to half of the height of a person or to his chest. If it is increased in depth to his full height, it will be far better. (Al Fiqh Al Islami Wa Adillatuhu Vol. 2 Page 1549 Maktaba Rasheediya Queta; At Tahtawi Ala Maraqi Al Falah Page. 607 Qadeemi Kutub Karachi).
From these official verdicts of the Imams of Fiqh, it is established that the grave should be dug measuring the height of the deceased or to the level of his chest, or at least half of the height of a person according to Imam Abu Hanifa (A.R). Even in this opinion, Imam Abu Hanifah (A.R) ruled that it is far better to dig it to the level of the chest or to the full height of the person.
Based on these explanations, it will not be proper to dig the grave in such a manner where it is restricted to be only four feet in depth when the majority of scholars (the Jumhoor) have strongly encouraged that it be deep and wide. In fact, the Prophet (S.A.W) himself said, ‘Dig the grave, make it wide and dig it deep’. (Tirmidhi).
With respect to the second concern where a concrete slab is placed over the body, the Fuqaha have stated that this is not permissible. Regarding this, the Hadith of Jabir (R.A) states, ‘The Messenger of Allah (S.AW) prohibited one to plaster the grave (i.e to coat a hard material over it), to sit on it and to build upon it’ (Sahih Muslim; Abu Dawood; Tirmidhi).
While writing on this, the author of Badhl Al Majhood stated, ‘It is Makrooh to coat/plaster the grave with clay (or any hard material) from above or beneath the grave.’ (Badhl Al Majhood Vol 10 page 515). It is also narrated from Imam Muhammad that he said, ‘and we consider it Makrooh to white wash the grave or to plaster it with clay’. (Kitab An Nawazil Vol. 6 page. 238 Darul Ishaat Karachi 2016).
The above statements show that to plaster the grave with clay, (especially the top and bottom), is considered to be Makrooh. As such, in a similar manner, to seal off the grave by putting a concrete slab over it, will also be reprehensible.
Regarding this manner, the great Mufti of India, Mufti Salman Mansoopuri (DB) wrote, ‘It is evident from authentic Ahadith that the Prophet (S.A.W) has prohibited one from making the graves solid and to build (anything) on them. As such, it is not permissible at all to make/build the grave of a Muslim in a solid manner’. At another place, the respected Mufti (DB) wrote, ‘The grave does not remain forever, but it perishes (and becomes flat as part of the earth again). Therefore, to put things on top of it to preserve it (so that no other person can be buried on that spot after some time), is against the spirit of the sacred Shariah’.
‘It is for this reason, some Ahadith mention the prohibition of inscription on the grave, especially in graveyards (and Muslim cemeteries) which have been given as Waqf (for Allah). When inscriptions are placed on graves in such places, then these graves become fixed only to those who were initially buried there, to the extent that even after many years, other deceased Muslims cannot be buried on those spots. If everyone places inscriptions on the graves (or makes these solid and firm), then the Muslim cemetery will eventually be filled, and there will be no spaces available for other Muslims to be buried there’. (Kitab An Nawazil Vol. 6 pages. 233;237 Darul Isha’at Karachi 2016).
The above explanation shows it is not allowed to make the grave solid and firm by actually putting a slab of concrete on top of it where it cannot be used again to bury another Muslim in the future. If all the graves are made in this way, it means that the cemetery will become a fully private one, where no one can ever be buried on those spots even though years may pass.
With respect to the issue of burying another body on top of that first grave, this will not be permissible since in doing so, you will be actually building/making a grave on top of another one, and the Prophet (S.A.W) has clearly prohibited his followers from building anything upon a grave.
And Allah knows best
Mufti Waseem Khan
4/11/2022