Question : A question was asked regarding the validity of building domes on graves.

Fatwa in Brief: Building domes on graves is haram. It is one of the ways (dhara’i‘) to polytheism (shirk).

The Permanent Committee, 9/82-83

Response:

Building [a dome] on graves and raising them above their surroundings is disliked (makruh), unless it is for the purposes of showing off, or if the grave is built on/near a public [charity] graveyard, in which case it is unlawful.

Commentary:

Muslim and others include a hadith in which Thumama ibn Shafayy reports the following:

When we were with Fadala ibn ‘Ubaid, in the country of the Romans at a place (known as) Rudis, a friend of ours died. Fadala ordered us to prepare a grave for him [the deceased], and level the ground. Then he said: ‘I heard the Messenger of God (upon him be peace) commanding [us] to level the grave’. And it was also narrated that Abu al-Hayaj al-Asadi reported that ‘Ali ibn Abu Talib said to him: ‘Shall I not direct you along the same path as the Messenger of God (upon him be peace) sent me? Do not leave any image without erasing it or any high grave without levelling it’.

Al-Tirmidhi says: Some of the People of Knowledge object if a grave is raised higher than ground level, unless this is only slightly, to the degree that people do not walk over, or sit on, the grave. According to al-Fiqh ‘ala al-Madhahib al-Arba‘a [The Fiqh According to the Four Schools of Law], building domes on graves, houses, or schools, or surrounding these structures with walls is disliked, even if there is no arrogance or ostentation in doing so. However, if the professed purpose [in constructing a dome or wall or decorating a grave] is to show off, then these acts are unlawful (haram). It is also forbidden (haram) to build a dome or erect an elaborate grave on public cemeteries or waqf lands assigned to charity because such buildings may usurp and crowd the space for other graves. In this respect, the Shafi‘i scholars deem it permitted to build domes on the graves of Prophets, martyrs and righteous people, even if these are [erected] in public cemeteries or waqf lands so as to commemorate the memory [of these pious individuals].

In light of the above, building on graves and/or raising these graves above ground level is disliked but not in the haram category. However, when such construction takes place out of arrogance, or occurs in a public land, or an area endowed as a graveyard, it is haram. The Shafi‘is excluded the cases of the graves of the Prophets, martyrs and pious individuals from the category of disliked. These scholars permit building on these graves in the public spaces or endowed lands to celebrate their memory. Here, the opinion of the majority [which forbids these erections in public cemeteries or endowed land] is stronger.

And God knows best.

Dr. ‘Ali Mansur