Is it permissible to offer Salah

Q: What is the Islamic ruling on offering Salah (Prayer) in a Masjid (mosque) where some graves are built? Some people are of the view that Salah offered at such Masjids is valid. They support their view with the Prophet's Masjid in Madinah where the Prophet's grave is placed. They also support their view with the Ayah (Qur'anic verse) in Surah Al-Kahf: (then) those who won their point said (most probably the disbelievers): “We verily shall build a place of worship over them.” (Part No. 6; Page No. 257) Does this provide evidence for the permissibility of constructing Masjids over graves? Is Salah offered at such Masjids valid? When these people are told of the unlawfulness of building Masjids on graves or are informed of the Prophet's Hadith in which he said: Allah cursed the Jews and Christians because they took the graves of their Prophets as places for praying. They say that this Hadith is restricted to the Jews and that it should not be applied to the Muslims. They also say that the Jews used to worship the people who were buried in them which is not the case with Muslims who only seek the blessings of the dead. There is much disagreement over this issue. Some people may abandon praying at many other Masjids for the sake of praying at these Masjids. What is your opinion regarding this Salah?

A: It is prohibited to construct Masjids over graves. This is based on the Hadith whose authenticity is agreed upon by Al-Bukhari and Muslim that the Prophet (peace be upon him) said: Allah cursed the Jews and Christians because they took the graves of their Prophets as places for praying. Moreover, the Prophet (peace be upon him) was not buried in the inside area of the Masjid but was buried in the chamber of `Aishah (may Allah be pleased with her). The Prophet's Masjid was originally built for the purpose of worship and was not built over the Prophet's grave. The Prophet's grave was annexed to the Masjid during the expansion plan. As for the Qur'anic Ayah (verse) which states: (then) those who won their point said (most probably the disbelievers): “We verily shall build a place of worship over them.” In his Qur'an exegete, Imam Ibn Kathir states: Ibn Jarir reported two views regarding the people referred to in this Ayah. The first: The Ayah refers to the Muslims among them. The second: The Ayah refers to the Mushriks (those who associate others with Allah in His Divinity or worship) among them. Allah knows best. (Part No. 6; Page No. 258) It appears, however, that these words (i.e. "We verily shall build a place of worship over them." ) were said by the leaders and powerful people of that time. Whether their action was approved of by Allah or not is a disputed matter. This is indicated by the fact that the Prophet (peace be upon him) said: Allah cursed the Jews and Christians because they took the graves of their Prophets as places for praying. This Hadith implies that Allah did not approve of their actions, and condemned them. Even if this action was approved, it is not permissible for us to follow their example in this, because our Shari`ah (Islamic Law) abrogates the laws that came before it. As long as our Shari`ah forbids taking graves as places of worship, Salah is not valid if offered in such places. It is also incorrect to claim that the Prophet's Hadith is restricted to the Jews and Christians. Evidences of Shari`ah are based on the principle of generality. The Messenger of Allah (peace be upon him) warned us not to imitate the Jews or Christians. This principle of generality is indicated in the authentic Hadith narrated in the Sahih (authentic book of Hadith) of Muslim on the authority of Jundub Ibn `Abdullah that the Prophet (peace be upon him) said: Beware of those who preceded you and used to take the graves of their prophets and righteous men as places of worship, but you must not take graves as mosques; I forbid you to do that. It is prohibited to seek blessings from the dead who were known for their righteousness with the purpose of drawing benefits from them or drawing close to them or hoping for their Shafa`ah (intercession). This constitutes an act of major Shirk (associating others with Allah in His Divinity or worship that takes the Muslim out of Islam). Allah (Exalted be He) says concerning Mushriks (those who associate others with Allah in His Divinity or worship): We worship them only that they may bring us near to Allâh. (Part No. 6; Page No. 259) In Surah Yunus, Allah also says: And they worship besides Allâh things that harm them not, nor profit them, and they say: "These are our intercessors with Allâh." Say: "Do you inform Allâh of that which He knows not in the heavens and on the earth?" Glorified and Exalted is He above all that which they associate as partners (with Him)! It is an act of Bid`ah (innovation in religion) to seek blessings from the living people who are famed for righteousness. The Sahabah (Companions of the Prophet, may Allah be pleased with them all) are known neither to have sought blessings from one another nor from the Rightly Guided Caliphs. This practice provides a means that invites to Shirk (associating others with Allah in His Divinity or worship). It will be an act of major Shirk if the person thinks that the righteous person is capable of bringing benefit or averting harm or that he has the universe at his disposal. The Sahabah's seeking blessings from the water which was left after the Prophet made his Wudu' (ablution) or his hair is permissible as this was a special favor granted to the Prophet (peace be upon him). Allah has especially favored the Prophet by blessing his body, hair and sweat.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.