Building on the Graves and Their Jurisprudential Adaptation (A Comparative Jurisprudential Study)

Abstract

The issue of building over tombs – or the mosques beside them - is one of the most discussed issues in which the jurists differ in Islamic law in general, and also - in the Islamic Republic of Pakistan - there has been an ongoing debate on this issue for quite some time. Therefore it was necessary to address such an important topic and also to know its permissibility or impermissibility in the light of Islamic Sharia, and in the following lines we will try our best to present different opinions of the Jurists with their evidences and argumentations in this issue, the presentation of the opinions of Islamic Scholars and Jurists having different school of thoughts will enable a common person to understand the disputed issues in a better and broader way. It is notable to mention that collecting the different opinions of Islamic Jurists - regarding this issue - is a primary objective of this research to highlight the greatness of the tolerant Islamic Sharia in its concern for individuals and communities, we have relied on the comparative and analytical methodology which appears in the presentation and discussion of different opinions.