Running a waterline alongside a graveyard
Fatwa No: 235072

  • Fatwa Date:16-1-2014 - Rabee' Al-Awwal 15, 1435
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Question

Asslam-o-Aliakum I want to cross a water pipe that may be ¾” to 2” in diameter from a grave yard nearer to my home to access the water from a water well beside the grave yard. Moreover I also want to clear that the grave yard is almost full of graves & a new grave yard has been inaugurated in the village. Old Grave yard has also a boundary of concrete pillars having barbed wire & I will layout the pipe with the pillars from grave yard side without damaging any grave or pillar because graves are some far from the pillars. Please let me know that according to Islamic Point of View, it is permissible to cross the water pipe from a grave yard or not. Thanks & Regards, Mehboob Ellahi

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His Slave and Messenger.

The dead have a certain sanctity so any acts of aggression against them should not be undertaken. ‘Aa’ishah  may  Allaah  be  pleased  with  her narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “Breaking a dead person's bones is like breaking the bones of a living person.” [Abu Daawood and Ibn Maajah]

Ibn Hajar  may  Allaah  have  mercy  upon  him said: “What we can conclude from this Hadeeth is that the sanctity of a believer after his death is still preserved in the same manner as it was when he was alive.

At-Teebi  may  Allaah  have  mercy  upon  him said: “This is an indication that he is not to be abused when dead just as he is not to be abused when he is alive.

Therefore, if there is no damage to the graves when passing the water pipe, then it is permissible for you to do so; however, you must ask the people in charge of the graveyard and seek their permission.

Allaah Knows best.

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