Fatwa: # 17088
Category: Masjid (Mosque)
Country: India
Date: 3rd September 2008


We are not sure if there is a graveyard beneath the Masjid we want to reconstruct


I want to ask that in our village we have a very old jamia mosque. Now we want to re-construct and we have started the construction few days before. When we remove the old structure and start diging underground for blocks we found some graves one side of the mosque.

We asked many old people about it whether it was a graveyeard or not, but no one give any clue about this. Now I want to ask can we construct new mosque on the same place or not.


In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

It is permissible to construct the masjid on the same site since the existence of the graves was previously unknown and it is an unrecognized area for burial by the community, i.e. the site is not recognized as a graveyard and burials do not take place there. However, if the graves dug up are those of disbelievers and some remains (bones, etc.) are found, those remains must be removed. 

وصار ترابا جاز دفن غيره في قبره وزرعه والبناء عليه

(Raddul Muhtar, 2/234, HM Saeed)


وإن بقي من عظامهم شيء تنبش وترفع الآثار وتتخذ مسجدا ، لما روي { أن مسجد النبي صلى الله عليه وسلم كان قبل مقبرة المشركين فنبشت }

(Raddul Muhtar, 2/234, HM Saeed

(Ahsan Al-Fatawa, 6/409, HM Saeed)

And Allah knows best


Ml. Asif Umar,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]