Part 1 - The Ruling of the Dome Built upon the Grave Of the Messenger of Allaah - sallAllaahu alayhi wa sallam

The Ruling of the Dome Built upon the Grave

Of the

Messenger of Allaah - sallAllaahu alayhi wa sallam

A Research Paper Prepared

by

Abu AbdurRahmaan

Muqbil bin Hadi al-Waadi'ee

Supervised by

Shaykh Hamad al-Ansaari

may Allaah have mercy on him

And Debated by

Shaykh AbdulGhaffar al-Hindi

May Allaah increase the Scholars of the Muslims like him

Presented to the

Faculty of Sharia

The Islamic University

In the City of the

Messenger of Allaah- sallAllaahu alayhi wa sallam

Translated by

Abbas Abu Yahya

Contents:

Part 1

Introduction

Part 2

Allaah Ta’ala Honouring His Prophet Muhammad - sallAllaahu alayhi wa sallam

Part 3

The Sharia's stance against extremism

Part 4

The consultation amongst the Companions of where the Messenger - sallAllaahu alayhi wa sallam – should be buried

Part 5

When was the grave of the Messenger - sallAllaahu alayhi wa sallam - first entered into his masjid?

Part 6

When was the dome built on the grave of the Messenger - sallAllaahu alayhi wa sallam?

Part 7

The dislike of the dome by the people of knowledge

Part 8

The Prophet - sallAllaahu alayhi wa sallam - prohibited building on top of graves

Part 9

The prohibition of the Messenger - sallAllaahu alayhi wa sallam – of taking graves as masajid

Part 10

Taking graves as masajid is the way of the Jews and the Christians

Part 11

The Prohibition of praying to graves, upon them and in a graveyard

Part 12

The conclusion of what is obligatory upon the Muslims regarding this dome and other domes

The Ruling of the Dome Built upon the Grave

Of the

Messenger of Allaah - sallAllaahu alayhi wa sallam

By the

Shaykh, Muhadith of the land of Yemen

Muqbil bin Hadi al-Waadi'ee

Introduction

Indeed all Praise belongs to Allaah, we praise Him, we seek His aid, and we seek His forgiveness. We seek refuge in Him from the evil of our selves, and the evil of our actions. Whom ever Allaah guides, there is none to misguide him, and who ever Allaah leaves astray then there is none that can guide him.

I testify that there is none worthy of worship except Allaah Azza wa Jal, Alone without any partner, and I testify that Muhammad is His slave and Messenger.

<< O mankind! Be dutiful to your Lord, Who created you from a single person and from him He created his wife and from them both He created many men and women and fear Allaah through Whom you demand your mutual (rights), and (do not cut the relations of) the wombs (kinship). Surely, Allaah is Ever an All­-Watcher over you>>[1]

<< O you who believe! Fear Allaah as He should be feared and die not except in a state of Islaam (as Muslims) with complete submission to Allaah>>[2]

<< O you who believe! Keep your duty to Allaah and fear Him, and speak (always) the truth. He will direct you to do righteous good deeds and will forgive you your sins. And whosoever obeys Allaah and His Messenger he has indeed achieved a great achievement >>[3]

O Allaah send prayers upon Muhammad, and upon the family of Muhammad, like You sent prayers upon Ibraheem and upon the family of Ibraheem, indeed You are One worthy of praise and the Majestic.

O Allaah send Your blessings upon Muhammad, and upon the family of Muhammad, like You sent Your blessings upon Ibraheem and upon the family of Ibraheem, indeed You are One worthy of praise and the Majestic.[4]

Allaah sent the Messenger as a witness over the people, as a bringer of good news, a warner, and a protector for the unlettered. He Subhanahu wa Ta’ala named him al-mutawkil (the one who puts all his trust in Allaah), not harsh nor hard hearted, nor did he raise his voice in the market places.

He did not reciprocate evil with evil, but he forgave and pardoned. His - sallAllaahu alayhi wa sallam - life was not taken until Allaah rectified the distorted religion by sending the Messenger -sallAllaahu alayhi wa sallam.

The people said La ilah il Allaah (none is worthy of worship except Allaah). Thus Allaah (through the Messenger) opened the eyes of the blind, gave hearing to the deaf and gave life to the hearts.[5]

To proceed:

I came across a fatwa by a person, who some people think is from the people of knowledge. The question was asked: Is it permissible to build domes on graves?

The meaning of the answer of this mufti was that the ummah has agreed upon the continuation of the dome above the grave of the Messenger -sallAllaahu alayhi wa sallam. He also mentioned some other statements that I cannot recollect now.

This issue has continued to concern me ever since I saw the fatwa, ten years ago. And now Allaah has facilitated me to write about it, and all praise and blessings are to Him.

Every student who graduated from the Islamic University was requested to present a research paper. The topic I chose was ' The Ruling of the Dome Built upon the Grave of the Messenger of Allaah - sallAllaahu alayhi wa sallam ' I hoped that Allaah would give me success in gathering the material for this research, to present the evidences which show the invalidity of this fatwa of this poor mufti. When I presented this subject to the Dean of the faculty, he agreed to the topic. He then requested Shaykh Hamad al-Ansaari – may Allaah have mercy on him - to be my supervisor. Since he was well acquainted with the reference books. Shaykh Hamad directed me to many reference books, which I never knew of. He opened the way for me to accomplish what I thought, I was unable to but I was able to complete what was required, so may Allaah reward him with good, and may Islaam and the Muslims benefit from him.

I perceived that the introduction should consist of two sections:

1- The high esteem in which the Prophet - sallAllaahu alayhi wa sallam - was held by his Lord.

2- The dispraise of Ghuloo (extremism), since many people are caught by surprise by this topic, and they think that this is desecrating the honour of the Messenger - sallAllaahu alayhi wa sallam.

Perhaps many of the custodians of the graves, who think that there is no provision for them except by deceiving, evil plotting and trickery call out to the people. It is as if they do not believe in the saying of Allaah Ta’ala:

<< And no there is no living creature on the earth except its provision is due from Allaah >>[6]

And His saying:

<< And there are so many living creatures, that do not carry their own provision! Rather Allaah provides for them and for you>>[7]

And His saying:

<< Verily, Allaah is the All-Provider, Owner of Power, the Most Strong >>[8]

So it is obligatory to give dawa' to these types of people, and remind them about Allaah. If they return then that is good, and if they do not, then it is obligatory upon the people of knowledge to uncover their situation for the benefit of the people. So they do not become deceived by the ignorant ones who come in the guise of the people of knowledge.

All Praise belongs to Allaah, may His peace and blessings be upon our final Prophet Muhammad, his family, his Companions and all those who follow his guidance.

---

[1] An-Nisa’: 1

[2] Aal-Imraan : 102

[3] Al-Ahzaab : 70-71

[4] This format was narrated by Bukharee (v.7 p.22) in kitaab al-Anbiyaa

[5] This is the meaning of the Athar of Abdullaah bin 'Amr bin al-‘Aas -radiAllaah anhu, as is mentioned in Bukharee (v.10 p.207) also in al-Fath.

[6] Hud: 6

[7] Al-Ankaboot : 60

[8] Ad-Dhariyaat : 58

Part 3 - Ahadeeth of Tawheed

The Ahadeeth of Tawheed

from the

‘Silsilah Ahadeeth As-Saheehah’

of

Shaykh Al-Albaani

Translated by

Abbas Abu Yahya

Chapters of Tawheed and the Shahadtayn

11- Supplicating with the Beautiful Names of Allaah

"Allaah does not afflict a slave with grief nor sadness, except that if the slave says: -

اللَّهُمَّ إِنِّي عَبْدُكَ وَابْنُ عَبْدِكَ وَابْنُ أَمَتِكَ نَاصِيَتِي بِيَدِكَ مَاضٍ فِيَّ حُكْمُكَ ، عَدْلٌ فِيَّ قَضَاؤُكَ ، أَسْأَلُكَ بِكُلِّ اسْمٍ هُوَ لَكَ سَمَّيْتَ بِهِ نَفْسَكَ أَوْ عَلَّمْتَهُ أَحَدًا مِنْ خَلْقِكَ أَوْ أَنْزَلْتَهُ فِي كِتَابِكَ أَوِ اسْتَأْثَرْتَ بِهِ فِي عِلْمِ الْغَيْبِ عِنْدَكَ أَنْ تَجْعَلَ الْقُرْآنَ رَبِيعَ قَلْبِي وَنُورَ صَدْرِي وَجِلَاءَ حُزْنِي وَذَهَابَ هَمِّي

O Allaah indeed I am Your slave, and the son of Your slave, and the son of Your female slave, my forelock is in Your Hand, Your command over me is forever executed and Your decree over me is just. I ask of You with all Your names, which belong to You, which You have named Yourself with, or which You have taught someone from Your creation or revealed it in Your Book or that which You have taken unto Your self with the knowledge of the unseen with You, that You make the Quraan the life of my heart and light of my breast and keep away from me my sadness, and that my grief goes away –

Allaahumma ‘innee ‘abduka, wabnu ‘abdika, wabnu amatika, nasiyatee biyadika, madhin fiyya hukmuka, adlun fiyya qadha’uka, asaluka bikulli ismin huwa laka, sammayta bihi nafsaka, aw anzaltahu fee kitabika, ‘aw allamthu ahadan min khaliqika, aw ista’tharta bihi fee ilmil ghaybi ‘indaka, án taj’alal-qurana rabee’a qalbee, wa noora sadree, wa jala’a huznee, wa thahaba hammee

then Allaah takes away his grief and sadness and replaces it with happiness."

The narrator said: It was said: O Messenger of Allaah should we not learn it?

He answered: Of course, it is necessary for the one who hears it, that he learns it.

Silsilah Saheehah: 199

“What prevents you from listening to what I advise you with? That you should say in the morning and the evening:

يا حي يا قـيـوم برحـمـتـك أسـتـغـيـث, أصلـح لي شـأنـي كـله, و لا تـكـلـني إلـي نـفـسـي طـرفـة عـيـن أبـداً

Ya Hayyu Ya Qayyoom (The Ever-Living, The Eternal) I seek aid with your Mercy, and correct all my affairs, and do not ever leave me to my own self even for a blink of an eye.

Ya Hayyu Ya Qayyoom bi-rahmaatika astageethu, asslih lee shaa’anee kullihee, wa la takillnee ila nafsee turfatu aeeynin abadn

Silsilah Saheehah: 227

12- Obediance to the Leader in Goodness

"Obedience to the leader is a right upon the Muslim man, as long as the leader does not order him with disobedience to Allaah Azza wa Jal. So, if he orders you to disobey Allaah, then there is no obedience to him."

Silsilah Saheehah: 752

13- No obedience to the created if it means disobedience to the Creator

"There is no obedience due to anyone in disobedience to Allaah Tabarak wa Ta'aala."

Silsilah Saheehah: 179

"There is no obedience in disobedience to Allaah Tabaraka wa Ta'aala."

Silsilah Saheehah: 180

"There is no obedience to mankind in disobedience to Allaah, indeed obedience is in goodness.

Silsilah Saheehah: 181

The reason for this hadeeth:

The Messenger of Allaah- sallAllaahu alayhi wa sallam – dispatched an army, and he commanded a man to lead them, who lit a fire, and the man said to the army: enter into the fire. The people wanted to enter into the fire, but some of them said : verily we have just fled from the fire.

This was mentioned to the Messenger of Allaah - sallAllaahu alayhi wa sallam – and he said to those who wanted to enter into it: if you entered it you would have remained in it until the Day of Judgment, and he said a good word to the others, and he said…..(the above hadeeth).

The extra wording in the hadeeth is from Tayyalisee and the context is by Muslim.

In another narration by him where he said:

“The Messenger of Allaah - sallAllaahu alayhi wa sallam – dispatched a battalion and ordered a man from the Ansaar to lead them, and he ordered them to listen to him and obey him. They caused this man to get angry, so he said to them: Gather some firewood for me, so they gathered it for him. Then he said: light the fire and they lit the fire, then he said to them: Did not the Messenger of Allaah - sallAllaahu alayhi wa sallam – order you to listen and to obey me? They said Yes, of course.

He said enter in to the fire!

So they started to look at each other, and said (and in another narration: a young boy said to them) : indeed we fled to the Messenger of Allaah - sallAllaahu alayhi wa sallam – from the fire, [ do not be hasty, until you meet the Prophet - sallAllaahu alayhi wa sallam – and if he orders you to enter it, then enter into it ], so this is what they did.

The man's anger came down/subsided, and the fire was put out. When they returned to the Prophet - sallAllaahu alayhi wa sallam – and mentioned it to him, he said: if you had entered it, you would never have exited from it, indeed obedience is in goodness."

Narrated by Bukhari (8/47, 13/109), Muslim (6/16), Ahmad (1/82, 134) and other narrations which contain the extra wording is also by Ahmad.

This hadeeth has many benefits, the most important of which is the impermissibility of obedience to anyone, if it is disobedience to Allaah Tabarak wa Ta'aala, whether it is the leaders, scholars and the shaykhs.

Also from this hadeeth you get to know the misguidance of different groups of people;

The first: some of the soofis who obey their shaykhs, even if they command them to commit sins, using as a proof, that they in reality are not committing sins. Also that the shaykh sees that which the follower does not see.

I know a shaykh from amongst these people who appointed himself as a leader. He mentioned a story to his followers in some of his lessons in the masjid, the summary of which is, one of the Soofi shaykhs ordered one of his followers that during the night he should go to his father and kill him while he is in his bed next to his wife! So when he killed him, he returned to the shaykh, happily having carried out the command of the shaykh! The shaykh looked at him and said: Do you think that you have really killed your father? Rather he is your mother's boyfriend! As for your father he is away!

Then he makes and presents a Sharia' ruling, as he claims, from his story, and he says to his followers : If a shaykh orders his follower with a ruling which is apparently against the Sharia', it is upon the followers to obey him in this, then he said: Do you not see this shaykh, he apparently orders the boy to kill his father, however in reality he ordered him to kill the one who fornicated with his mother, and that person deserved to be killed!

The falsity of this story is not hidden according to the Sharia' from many angles:

Firstly: Carrying out the punishment is not the right of the shaykh, no matter how important he is; rather it is from the right of the leader or the one in charge.

Secondly : if the case was that this actually took place, then why did he only carry out the punishment on the man and not the woman, and they both fornicated?

Thirdly: the Sharia' ruling for the married adulterer is to be stoned to death, and the person is not killed except by stoning. From this it is clear that the shaykh has opposed the Sharia' from many angles, this is also the situation with the follower who based upon this previous story, made it incumbent upon the Muslims to be obedient to the shaykh, to the extent one of them said to the people: if you see the shaykh and he is wearing a cross around his neck, then it is not allowed to criticize him!

With all the clarity of the absurdity of these stories, and their opposition together to the Sharia' and to the intellect, we find some people become deceived by these stories, and amongst them some of the cultured youth.

A discussion took place between me and one of those youths about that story, and he had heard it from that follower of the shaykh, and what the shaykh had based his ruling upon. However, the discussion with him did not bring about any benefit. He persisted in believing this story, since according to his claim, it was a miracle, and he added: you people reject miracles!

So when I said to him: If your shaykh orders you to kill your father, would you do it?

He said: Indeed, I have not reached that level yet!

So after this can anyone be blamed for characterizing the religion of these shaykhs except that they are the opium of the people?

The second group is:

The blind followers who prefer to follow the statements of the Madhab above the statement of the Prophet - sallAllaahu alayhi wa sallam with what is clearly taken from the statements of the Prophet - sallAllaahu alayhi wa sallam.

So if it is said to one of them, for example: do not pray the Sunnah of the Fajr prayer after the obligatory prayer has begun, due to the prohibition of the Prophet - sallAllaahu alayhi wa sallam – from doing so, which is clear, they do not obey, and they say the Madhab allows this.

If it is said to them: the Nikah at-Tahleel ( whereby another man marries the divorced woman and then divorces so that she can be allowed to marry her first husband) is invalid, because the Prophet - sallAllaahu alayhi wa sallam – cursed the one who does this. They would answer by saying: No, but it is permissible according to such and such Madhab!

There are hundreds of issues like this, and this is why many of the scholars held the opinion that the saying of Allaah Tabaraka wa Ta'ala about the Christians: << They took their rabbis and their monks to be their lords besides Allaah >> applies to these blind followers, as Fahkr ar-Razi has explained in his Tafseer.

14- From the Completeness of Relying upon Allaah Ta'ala is Leaving off Cauterization and Requesting Ruqiyaah

“Whoever gets cauterized or requests Ruqiyaah then he is far from relying upon Allaah."

Silsilah Saheehah: 244

I say: this hadeeth shows a dislike of cauterization, and requesting Ruqiyaah. As for the first thing then it is due to being afflicted with the fire. As for the other thing then it is due to the person being in need of someone else in which there is benefit, although this benefit is not strong.

This is why from the characteristics of those who enter Paradise with out being taken in account for anything, is that they do not request Ruqiyaah, nor do they become cauterized, nor do they seek omens, and they rely upon their Lord. As is mentioned in the hadeeth of Ibn Abbas in Bukhari and Muslim.

15- None knows the unseen except Allaah

" There are five things which are not know except to Allaah:

<<Verily, Allaah! With Him (Alone) is the knowledge of the Hour, He sends down the rain, and knows that which is in the wombs. No person knows what he will earn tomorrow, and no person knows in what land he will die. Verily, Allaah is the All-­Knower, All-­Aware >>”

Silsilah Saheehah: 2914

All Praise belongs to Allaah, may His peace and blessings be upon our final Prophet Muhammad, his family, his companions and all those who follow his guidance.