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(F 168) Is building graves in Egypt considered ongoing charity (sadaqah jariyah)? Knowing that the graves in Egypt are neither lahd nor shaqq.


Firstly: Descriptions of the grave are mentioned in the Sunnah:
In the description of the grave, it is mentioned that it can be a “lahd” (a niche or cavity) or it can be a “shaqq” (a trench or pit). The “lahd” is preferred, and this is due to the following reasons:
– Because it is the choice that Allah has made for His Prophet, peace be upon him. Anas ibn Malik, may Allah be pleased with him, narrated: “When the Prophet, peace be upon him, passed away, there was a man in Al-Madinah who used to make “lahd” graves, and another who used to make “shaqq” graves. They said, ‘Let’s seek the guidance of our Lord and send to them. Whichever of them comes first, we will follow him.’ So they sent to both of them and the one who made “lahd” graves came first, and they made a “lahd” grave for the Prophet, peace be upon him.” [Reported by Ahmad and Ibn Majah].
– Saad ibn Abi Waqqas, may Allah be pleased with him, said: “Construct a “lahd” grave for me, and set up bricks over me as it was done for the Messenger of Allah, peace be upon him.” [Reported by Muslim].
– Due to the prophet, peace be upon him, statement as reported by Ahmad, Abu Dawood, An-Nasa’i, At-Tirmidhi, and Ibn Majah: “Lahd is for us, and shaqq is for others.”
Lahd is the act of digging the grave, then a portion is dug at the bottom of it from the side that follows the direction of the Qibla, to accommodate the body of the deceased, in which the deceased is placed.
On the other hand, “Shaqq” refers to digging the grave, then placing the deceased at the bottom of the pit, and covering them with wood, bricks, or similar material, and then placing soil over the top.
Secondly, the phenomenon of “building” graves above the ground has become prevalent in Egypt, Turkey, and some Arab countries. This involves constructing a structure above the grave, in which one or more deceased individuals are placed. This practice has been observed in some tombs of allies of Allah and righteous individuals.
The scholars’ opinions differ regarding the undesirability of this practice. Ibn Abidin reported its undesirability from some Hanafi scholars, saying: “It is disliked to bury in al-Fasaqi, which is a built structure with enough space for a congregation to stand in, due to its deviation from the Sunnah. The undesirability in this practice comes from various aspects: the absence of the lahd, burying a group in a single grave without necessity, mixing men and women without a barrier, plastering the grave, and constructing over it.” He mentioned in “Al-Halīyah”: “Especially if there is a deceased person in it who has not decomposed. And what ignorant grave-diggers do, such as digging graves of those whose bodies have not decomposed and allowing strangers to enter upon them, is a manifest reprehensible act.” [Hashiyah Ibn Abidin]
Such views have been expressed by many scholars, yet despite that, this method has become widely prevalent to the extent that it has become a common practice for burial. Although this method differs from the preferred one, it does not contradict a definitive textual directive in its essence. The Prophet, peace be upon him, as reported, did not invent a new burial method that did not exist during the pre-Islamic era. Instead, preferred a way to the other. Before Islam, people used to perform both “lahd” and “shaqq” burials. The Prophet, peace be upon him, purified and endorsed the practice of “lahd” as the preferred method.
Therefore, the burial method practiced in Egypt and other places, even if it does not precisely align with the Sunnah of burying the Prophet, peace be upon him, is not considered forbidden. This is because it is a custom that has been recognized by people across generations, witnessed by scholars and jurists, and used for the burial of allies of Allah and righteous individuals.
The matter of burying multiple deceased individuals in a single grave is not an innovation. The Prophet, peace be upon him, buried some of the martyrs of the Battle of Uhud in groups. Several scholars also permitted this practice. Ibn Abd al-Barr mentioned in his book “al-Istidhkaar”: “Chapter: Burying in a Single Grave as a Necessity and the Fulfillment of Abu Bakr may Allah be pleased with him, of the Promises of the Messenger of Allah, peace be upon him, after His Passing.”
It was mentioned in it by Malik, from Abdur-Rahman bin Abi Sa’sa’a, that he was informed that ‘Amr bin al-Jamuh and Abdullah bin ‘Amr Al-Ansarīyīn Al-Salmīyīn, The flood had affected their graves as they had their graves by the side of a flood channel. They were in a single grave and they were among those who were martyred on the Day of Uhud. Their graves were dug up to relocate them, but they were found unchanged, as if they had passed away just yesterday. One of them had been wounded, so he placed his hand on his wound, and he was buried like that. His hand was then removed from his wound, and it was left, then it returned as it was. There were forty-six years between the Day of Uhud and the day of dugging up their graves to relocate them.
Malik said: “There is no harm in burying two men or three in a single grave out of necessity, and placing the elder of them closer to the qibla (direction of Mecca).”
Therefore, I see no objection to donating this type of graves.
And Allah knows best.
Fatwa by Dr. Khālid Naṣr