Saturday, November 18, 2017 - 29 Safar 1439

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Is it permissible to build a grave beneath a walkway?

Is it permissible to build a grave beneath a walkway?

Answer

God has honored man, dead and alive. In the chapter of Al-Isra`, He says, “We have honored the sons of Adam; provided them with transport on land and sea; given them for sustenance things good and pure; and conferred upon them special favors, above a great part of Our creation” [17: 70].

The Prophet (peace and blessings be upon him) considered the violation of a dead body tantamount to violating a living person; he said, "Breaking the bones of a deceased is tantamount to breaking the bones of a living person" [recorded by Abu Dawud]. This hadith demonstrates that sanctity is accorded to dead bodies just as to living people. Furthermore, the Prophet (peace and blessings be upon him) prohibited treading on graves; he said, "It would be better for me to walk on hot coal, a sword or mend my shoes with my feet than to walk on a grave" [recorded by Ibn Majah with a good ascription]. Abu Marthad al-Ghanwi narrated that the Prophet (peace and blessings be upon him) said, "Do not sit on graves and do not pray in their direction" [Muslim].

The ruling
It is known that whatever leads to a prohibition is itself prohibited. Based on this, it is impermissible to build a grave beneath a walkway. Moreover, the road is public property and not just for the owner of the tomb; it is therefore impermissible for the latter to use the road for his own interests.

And God Almighty knows best.
 

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» Burying the dead in separate coffins in the same pit
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» Does the deceased hear the salutations of the living?