Is it permissible to build a grave beneath a walkway?
Question
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.