[SoftrermaBioniaSat]

Salaams

In another thread we were discussing this event:

http://www.telegraph.co.uk/news/worl...tu-mosque.html

And it got me thinking. Do you disagree with levelling graves (I'm talking talking in terms of whether it is the most hikmah way of getting rid of them, but whether you agree with the act of getting rid of them).

My question is 1 what have the major ulema said that you guys follow on levelling graves?

and 2, do you consider it legitimate that they are following these hadeeths and statements from the 4 imaams and therefore this is an act of love for Allah SWT and the prophet SAW. If not, what is your counter evidences and explanations to the following

Statements from the Hanafi Scholars 1
"It is prohibited to strengthen (or cement, reinforce) the graves."[Kitab al-athar,Imam Muhammed]
Imam Sarkhasi says in al-Masbut,"Do not reinforce the graves because its forbiddance is proven from the Messenger of Allah sallallahu alaihiwasallam."[Al-Masbut by Imam Sarkhasi v.2, p.26]
Qadhi Khan says in his Fatawa, "The graves should not be strengthened and neither should tombs and structures be built over them because its negation has been related from Abu Hanifah."[Fatawa Qadhi Khan, v.1 p.194]
Imam Kasani says,"It is detestable to strengthen the graves and Imam Abu Hanifah considered it detestable to build tombs and similar structures over the graves. It contains wastage of wealth. Whereas there is no harm in sprinkling of water over the grave but it is related from Imam Yusuf that even sprinkling of water is detestable because the grave cements due to it."[Badai' as-Sinai' by Imam Kasani v.1 p.320]
Mulla Ali Qari al-Hanafi writes,"The prohibition of lighting up lamps upon the graves has come because it is from the wastage of wealth, and fbecause in them are the signs of Hellfire and because it contains glorification of the graves.”[Murqah of Mulla Al Qari]
Qadhi Ibrahim writes mentioning the foundations of those who worship graves,"Nowadays some deviant people have started making Hajj of the graves and have established manners (or rituals) for it. And from those matters that oppose thereligion and Shari'ah is that people express helplessness and humility near the graves, and light lamps upon them. To offer Chadar upon the graves, to assign a guard for them, to kiss them and to seek provision and children near them, all these matters have no proof from the Shari'ah Islamiyyah." [Ja' al-Haq p.302]
Allamah Haskafi al-Hanafi says,"Those offerings and vows that are taken by themasses upon the graves, be they in the form of cash or oil, then upon consensus it is falsehood and forbidden."[Darral Mukhtar by Haskafi v.2, p.139]

Imam ash-Shafii said: "I prefer that the soil used for a grave be no more than that dug for that grave. I like to see a grave raised above the ground the length of a hand or so. I prefer not to erect a structure over a grave or to whitewash it, for indeed this resembles decoration and vanity, and death is not the time for either of these things. I have never seen the graves of the Muhajirin or Ansar plastered. I have seen the Muslim authorities destroying structures in graveyards, and I have not seen any jurists object to this."[Kitabul Umm]


Imam ash-Shaafi’i said: “I detest that a creature [of Allaah (subhaanahu wa ta’aala)] be sanctified to a degree that his tomb becomes like a mosque [to which Salaat is performed] the thing that leads people astray.” [Al-’Umm (Vol. 1, Pp. 246)]

Ibn Hajar al Haythami As-Shafi'i said in his az-Zawajir: (This is a collection of legal verdicts, pubhshed when king Al-Zahir decided to destroy all the buildings in the graveyards. Coeval Islamic scholars collectively supported him saying to do so was incumbent upon the ruler.-> need confirmation)
"We should not hesitate to destroy mosques and domes built over graves. These are worse than the mosque of adDirar, because these things are erected in disobedience to the Messenger of Allah, peace be upon him. The Prophet, peace be upon him, has forbidden this and has ordered the destruction of raised graves. Every lamp or lantern placed over a grave must be removed. It is not correct to stop at a grave or make a vow at it. " as quoted in Fiqh-us-Sunnah

Volume 004 : Funerals and Dhikr. Fiqh 4.068.
---------------------------------------------
Section : Making Humps over Graves and Flattening Them.

Jurists agree that it is permissible either to make a little hump over the grave or to flatten it. At-Tabari said: "I dislike it for a grave to be prepared in any way other than these two: it should be either levelled with the ground or raised with a hump over it, but no higher than one hand, as is the common practice among Muslims. Levelling the grave differs from flattening it completely. Jurists differ concerning which of these two methods is best. Al-Qadi 'Iyad has reported from the major scholars that it is best to make a hump over the grave because Sufyan an-Nammar told him that he had seen the grave of the Prophet, peace be upon him, with a hump over it." (Bukhari) This is the opinion of Abu Hanifah, Malik, Ahmad, al-Mazani, and many scholars of the Shafi'i school. Ash-Shafi'i's opinion, however, is that because of the order of the Prophet, peace be upon him, levelling is best.


1. Hazrat Jabbir [r.a] narrated that Prophet had forbidden ... from building structures and sitting over the graves.

[Muslim, Tirmidi, Mishkaat]

Imam Nawawi [r.h] writes in the sharah of this hadees:

"To build a structure over the the grave if its owned, then its makrooh and if its common maqbara [shrine] then it's haram. It has been clearly mentioned by Imam Shafi [r.h] and others and Imam Shafi [r.h] said in his Kitaab al-Umm that I saw the Imams in Makkah ordering the removal of the buildings over the graves and this is supported by the hadees."

[Sharh Saheeh Muslim vol 1 page 312]


2. Imam Muhammed bin Hasan [r.h] says:

"It is makrooh to make the graves solid...because Prophet [s.a.w] had forbidden this and this is our madhab and this is also the view of Imam Abu Hanifa [r.h]."

[Kitaab al-Athaar Imam Muhammed page 96-97]

Note: When the word "Makrooh"is used by Imam Abu Hanifa [r.h] and the salaf, it means haram and makrooh-e-tahreemi.


3. It says in Fatawa Alamgeeri [r.h]:

"To build a strucure over the grave is makrooh".


4. Allamah ibn Abideen [r.h] says:

"I am not aware of anyone who has allowed of building the structure [over the graves]."

[Shaami vol 1 page 101]


5. Qadi Sanaullah Pani Pati [r.h] says:

"To build large structures over the graves of Awliya and to lighten the candles etc are haram."


6. Hazrat Abul Hiyaj al-Assadi [r.h] says: [he was an officer in the army of Hazrat Ali [r.a],

"Hazrat Ali [r.a] told me that shouldnt I send you for a task that Prophet [s.a.w] sent me for, and that is to not leave any picture, statue, and dont leave any grave but to level it to the ground."

[Muslim, Tirmidi, Mishkaat]

Note: Here to level it to the ground means the length that is prescribed by the Sharia.


7. Mullah Ali Qari [r.h] went as far to say:

"It is wajib to demolish the the structures over graves even if its masjid"


8. Imam Syed Muhammed Alusi [r.h] says:

"..it is wajib to remove the high graves and large structures over the graves because they are more dangerous than Masjid Zarrar...and it is wajib to remove the lightening that is done over the graves [of Awliya].."

[Rooh-al-Maani vol 15 page 219]

9. Hafiz ibn Qayyam [r.h] says:

"It is wajib to remove them [the structures over the graves]." (source?)

10. Hafiz ibn Hajjar Makki al-Shafi [r.h] says:

"It is wajib to remove the structures and domes over the graves".

[Kitaab-al-Zawajir page 163]


Imam Qurtubi says “Therefore, the Muslims went to great lengths to block the tendency to do so at the grave of the Prophet (saws). They raised the dirt walls around it high, completely surrounding it and blocking off the entrances to it. Then they feared that the location of his grave might be turned into a direction for prayer, because it was in the direction the worshippers face and some of them might get the idea that facing it was an act of worship. For this reason, they built two walls at the northern corners of the grave and placed them at a slant so that they would form a triangle with on of its corners pointing to the North. In this way, no one could be able to directly face the grave while making his prayer.“
[al-Mufhim lima Ashkal min Talkis Kitâb Muslim (2/128)]

Imam Malik (may Allah have mercy on him) was asked about a stranger who comes to the grave of the Prophet (peace and blessings of Allah be upon him) each day. He said, ‘That is not right,’ and quoted the hadith, ‘O Allah, do not make my grave an idol that is worshipped.’”[al-Jami’ li’l-Bayan by Ibn Rushd Classed as sahih by al-Albani in Tahdhir al-Sajid min Ittikhadh al-Qubur Masajid, p. 24-26.]


Ibn Rushd said: “So he regarded it as makruh to pass by it a great deal to send salam on him, and to come there every day, lest the grave become like a mosque to which people come every day to pray. The Messenger of Allah (peace and blessings of Allah be upon him) forbade that when he said, ‘O Allah, do not make my mosque an idol.’”[al-Bayan wa’l-Tahsil by Ibn Rushd, 18/444-445.]

Al-Qadi ‘Iyad was asked about people of Madinah who stand by the grave one or more times a day, and they send salams and make du’a’ for a while. He said, “I have not heard of this from any of the fuqaha’, and nothing is good for the latter generations of this ummah except that which was good for its first generations. I have not heard that any of the first generations of the ummah used to do that.”[Al-Shifa bi Ta’rif Huquq al-Mustafa, 2/676.