Q 2: What
is the ruling on a person who builds or participates in building a Masjid (mosque) on top of a dead person's grave
and beside other graves? Is it an aspect of Shirk (associating others with Allah in His Divinity or worship) to build a Masjid in this place? What about someone whose job is to decorate or paint this Masjid? What is the ruling on the money that they get from this job especially if they are in dire need of money?
It is authentically narrated that Allah's Messenger (peace be upon him) said:
Let there be the curse of Allah upon
the Jews and
the Christians for they have taken the graves of their Prophets as places of worship.
It is also authentically narrated that he (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, so you must not take graves as Masjids (mosques); I forbid you to do that.
Likewise, it is narrated that he (peace be upon him) forbade plastering graves, building or sitting on them. (Part No. 1; Page No. 413) Accordingly, it is not permissible for a Muslim to do or help doing something which Allah forbids. So, the person who has done or participated in this deed should make Tawbah (repentance to Allah, Exalted be He) and remove that Munkar (that which is unacceptable or disapproved of by Islamic law and Muslims of sound intellect) if they can. May Allah forgive and pardon such a person if they repent to Allah sincerely and do good deeds after their Tawbah!May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.