Is it permissible to build graves, to make graves from marble? How should the graves of Muslims be?

Dear Brother / Sister,

Most of the scholars state that "tasnim", that is, arranging the upper part of the grave like a camel’s hunch and making it about a hand span high from the ground is mandub and making it higher is makruh. (1) Acting upon some of the narrations that the Prophet (pbuh) prohibited making buildings and mosques on graves (2), Imam Shafii states that graves should not be elevated and that they should be even with the ground. (3) As a matter of fact, Hz. Ali states that the Messenger of Allah (pbuh) sent him to break all the idols in Madinah and to level all of the graves. (4)

Scholars disagree about the amount meant by the word "taswiya" in the hadiths. The meaning "to level, to make even with the ground" that Imam Shafii understands is closer to the lexical meaning of the word. However, it is necessary to make graves apparent so that people will not sit on and trample on them. This purpose can be attained only when graves are elevated a bit from the ground. It is reported that the Shafii scholars that came later regarded this height necessary; thus, fiqh scholars agreed on it. (5)

In that case, what is ordered to be leveled in the hadiths are the tombs, mausoleums and buildings on the graves. It is permissible to surround a grave with a wall in order to make it apparent that there is a grave there and to prevent people and animals from stepping on it. However, it is forbidden to waste, do luxurious things and to spend a lot of money while doing it. For, decorating the grave is of no use to the dead. Instead, it is better to give that money to the poor and to send the thawab to the dead and to pray to Allah so that it will be accepted. (6)

It is even forbidden to whitewash and paint that wall that surrounds the grave since it will be regarded as decoration. This deed was prohibited by the Prophet (pbuh) (7); it is makruh to do it. (8) It is haram to construct a tomb, a mausoleum and a building on the grave with the purpose of decoration and boasting. (9) It is definitely forbidden by hadiths to write things on the graves. (10) Acting upon this prohibition, mujtahids state that it is haram to write verses on the gravestones since they can fall down and be trampled by people and that it is haram to write other things. (11)

However, making analogy to the Prophet’s putting a stone on the grave of his son Ibrahim and Uthman b. Maz'un, who was the first muhajir to die in Madinah, so that the graves will be known (12), the scholars that came later stated that writing the name only will be a sign to prevent the grave from being lost like the stone the Messenger of Allah (pbuh) put and they regarded it permissible to write the name and the date of death on the gravestone. (13)

The majority of Islamic scholars states the following about building a mausoleum, etc. on the graves:

It is makruh, not haram, to build a house, dome, mausoleum, school, mosque, or a garden with walls on a grave if decoration and boasting are not the purpose; however, if the purpose is decoration and boasting, it is haram. It is not legitimate to build a mausoleum in a public cemetery. If the grave is a part of the property of the dead person, it is makruh to build a mausoleum, tomb, etc. on it. (14)

However, some Islamic scholars regard it permissible to build a tomb on the graves of scholars, sultans, the wives and children of sultans. Some scholars issued fatwas that it was permissible to build tombs and mausoleums if there were a lot of buildings around and if the tombs and mausoleums would not bring about respect to them but would serve their names to be known. (15)

We can state the following about the shape of the graves: A Muslim’s grave should be plain, natural and humble; the materials used in the construction of the grave should be cheap. A Muslim cemetery should be a model with its plainness, naturalness and tidiness; it should be free and away from pomp, show off and luster. The believers stand in the same row in the mosque by being freed all of their privileges; similarly, their graves should be equal to one another in appearance. Things that spoil this equality should not be allowed in the construction of graves.

Footnotes:

1) al-Jaziri, al-Fiqh Alal-Madhahibil-Arbaa, Cairo (nd) 1/535.
2) see Bukhari, Janaiz, 69; Muslim, Janaiz, 31-32, Masajid, 63; Abu Dawud, 76; Nasai, Janaiz, 295, 339, 299.
3) al-Jaziri, ibid.
4) Musnad, 1/11l.
5) Mollamehmetoğlu, Osman Zeki, Sünen-i Tirmizi Tercüme ve Şerhi, İst. 1972, 2/235.
6) Muhammad Hamidullah, Translated by Kemal Kuşçu, İslam’a Giriş, İst. 1973, p. 291.
7) Muslim, Janaiz, 32; Ibn Majah, Sunan, Janaiz, 43; Nasai, Janaiz, 98; Musnad, WI/299.
8) al-Jaziri, ibid; Tahtawi, Hashiya Ala Maraqil-Falah, Egypt, 1970, p. 504.
9) al-Jaziri, 1/536; Tahtawi, ibid; Shawkani, Sarhus-Sudur, p. 526, (in al-Jami'ul-Farid)
10) Ibn Majah, Janaiz, 43; Tirmizi, Janaiz, 57;
11) al-Jaziri, 1/535-536.
12) Ibn Majah, Janaiz, 42; Abu Dawud, Janaiz, 63; Tirmizi, Sunan, Janaiz, 57.
13) Mollamehmetoğlu, 2/236.
14) see al-Jaziri, 1/536
15) Hasan al-Idwi, Mashariqul-Anwar, Egypt, 1316/26.

(see Prof. Dr. Süleyman Toprak, Ölümden Sonraki Hayat.)

Questions on Islam