The Hanafi Madhab forbids building over graves and solidifying them
The quoted of this articles are taken from the book “Kalimah Go Mushrik” of Shaykh Mubashar Rabbani
Clarification of Ahnaf’s use of words
Haram: This is something that is forbidden by Quran, or Hadith Mutawatir or Mashur, and his author is a sinner by doing this action.
Makruh Tahrimi: That is something that is like Haram in punishment, meaning his author is a sinner by doing this action. The only difference is that this forbiddance is established by Khabar Ahad. So for Ahnaf, wearing gold and silk for men, doing Nikah of Tahlil (for the purpose of making woman legal to the first husband) are Makruh Tahrimi as they are forbidden by Khabar Ahad and not by Quran or Hadith Mutawatir.
Makruh Tanzihi: This is the forbiddance whose author is not sinful, yet leaving this action will give reward, like eating and drinking standing or other actions.
When Ahnaf mention the word Makruh in an absolute way, then mean it is Makruh Tahrimi. Ibn Abidin said in his “Radul Muhtar”, Matlab fil Karahiyah At-Tahrimiyah wa Tanzihiyah:
“The Makruh in this chapter is of two types, one of them is the Makruh Tahrimi and it is the one intended when mentioned in an absolute way”
And this has also been mentioned in “Fathul Qadir” of ibnul Humam v 2 p 114.
So whenever Ahnaf say that for Imam Abu Hanifah, a matter is Makruh, it will mean it is Makruh Tahrimi, unless it is specified that it is Makruh Tanzihi.
Saying of Imam Abu Hanifah
Muhammad ibnul Hasan Ash-Shaybani wrote in his “Kitab ul Athar”, Bab Tasneemul Qubur wa Tajsisuha:
“And we do not see that one should add more (mud on the grave) than what came from it, and we consider it Makruh to do Tajsis (plastering of the grave) or to coat it with clay or that a mosque should be established upon it or that something should be written on it, and using baked bricks to built on it or to be put inside the grave is Makruh, and we do not see any wrong in sprinkling water on it, and this is the saying of Abu Hanifah (rah)”
Sayings in main Hanafi book of Fiqh
Al-Marghinani said in his “Hidayah” v 2 p 100:
“And it is Makruh to use baked bricks and wood, because this enters in the ruling of building”
Ibnul Humam said in his “Fath ul Qadir”, explanation of “Al-Hidayah”:
“Abu Hanifah (rah) considered it Makruh to build on graves, even if they are not known with signs, and Abu Yusuf (rah) considered it Makruh to put any writing on it because of what Jabir, may Allah be pleased with him, narrated from the Prophet (saw): “Do not perform Tajsis (plastering) of graves, do not build over them, do not sit and write on them”
Ibnul Humam said about the Hadith of ‘Ali that the Prophet (saw) ordered him to level graves:
“This is because of what they used to do like elevating graves and building beautiful and elevated constructions over them”
‘Abdullah ibn Ahmad An-Nasafi sais in his “Kanz ud Daqaiq” v 2 p 194:
“They (graves) should not be elevated nor plastered”
Ibn Nujaym said in explanation in his “Bahr ur Raiq”:
“Because of the Hadith of Jabir that the Messenger of Allah (saw) forbade to do Tajsis (plastering) of graves, to sit on them, to build over them and write on them”
Al-Hasakafi said in his “Durul Mukhtar” v 1 p 125:
“And they (graves) should not be plastered because of its forbiddance (nahi)”
Ibn ‘Abidin said in his “Radul Muhtar” v 1 p 601:
“As for building on them (graves), I have not seen anyone allowing this”
Al-‘Ayni said in his “Binayah Sharh Hidayah”:
“And they should not be coated with gypsum, nor should there be any construction over it, because this is for solidification and beautification”
Al-Kasani said in his “Badai” v 1 p 372:
“It is narrated from the Prophet (saw) that he forbade that there should any resemblance between graves and populated areas, and baked bricks and wood are for populated areas.”
Qadhi Ibrahim Al-Halabi said in “Halabi Al-Kabeer” p 599:
“It is Makruh to do Tajsis (plastering) of graves, and to coat them with clay, and this is what the three Imams (Abu Hanifah and his two students Abu Yusuf and Muhammad ibnul Hasan) said because of what Jabir narrated…and from Abu Hanifah, it is Makruh to build on them constructions like houses or domes or similar to them because of the precedent Hadith”
Ahmad ibn Muhammad Al-Qaduri said in his “Qaduri” p 60:
“And using baked bricks and wood is Makruh”
Abu Bakr ibn ‘Ali al-Haddad said in his “Jawahir An-Nayrah” v 1 p 133:
“It is Makruh to coat graves with clay and to do Tajsis (plastering) of them, to build on them, to write on them because of his (saw) saying: Do not do Tajsis of graves, do not build on them and do not sit on them”
‘Ubaydullah ibn Mas’ud said in his “Sharh Wiqayah” v 1 p 240:
“And using baked bricks and wood is Makruh”
Sayid Murtadha Az-Zubaydi said in his “’Uqud Al-Jawahir Al-Munifah” v 1 p 103:
“The Bayan of the narration shows that it is Makruh to do Tajsis (plastering of graves)”
As-Sarkhasi wrote in his “Mabsut” v 2 p 62:
“He forbade doing Tajsis of graves”
Hasan Ash-Shurunbulali wrote in “Nur ul Idah” p 153:
“And baked bricks and wood is Makruh…and it is forbidden (Haram) to built on graves for beatification and Makruh if it is for solidification after burial”
At-Tahtawi wrote in his explanation of “Maraqi Al-Falah” p 335:
“The three (Abu Hanifah and his two students) said that they (graves) should not be plastered because of the saying of Jabir that the Messenger of Allah (saw) forbade…And the forbiddance of the Prophet (saw) indicates that what they have mentioned is Makruh Tahrimi”
Qadhi Thanaullah PaniPati wrote in his “Ma la Buda Minhu” p 67:
“And what is done at graves of saints, building elevated constructions, illuminating lamps, and similar matters are Haram or Makruh”
Mulla Ali Qari wrote in his “Mirqat” v 1 p 414 about the Hadith mentioning innovation of misguidance:
“And this is what the Imams condemned like the building on graves and their Tajsis (plastering)”
Sayings in Main Hanafi books of Fatawa
Qadhi Khan said his “Fatawa” v 1 p 93:
“And graves should not be plastered because of what is reported from the Prophet (saw) that he forbade Tajsis (plastering), Tafdid (putting silver on it), building over the grave…because of what is narrated from Abu Hanifah (rah) that graves should not be plastered nor coated with clay, nor any construction should be elevated on it.”
It is written in “Fatawa Alamgiri” v 1 p 166:
“And the grave should be made convex from a hand span, and it should not be made in square form nor plastered, and there is no harm in sprinkling water on it, and it is Makruh to build on graves, to sit or sleep on them”
Siraj ud Din said in his “Fatawa Sirajiyah” p 24:
“It is Makruh to build on graves”
Abu Layth As-Samarqandi said in his “Fatawa Nawazil” p 82:
“It is Makruh to do Tajsis of graves, to coat them with clay, to build on them, to write on them or to mark them by putting a sign on them”
Ala ud Din As-Samarqandi said as mentioned in “Tuhfatul Fuqaha” v 1 p 400:
“The Sunnah concerning the grave is that it should be convex, not in a square form, it should not be coated with clay, nor plastered, and Abu Hanifah consider it Makruh to build on graves”
The order to destroy Mausoleums build upon graves
Mahmud Al-Alusi said in his “Ruh ul Ma’ani” v 15 p 238:
“There is consensus on the fact that among the greatest forbidden matters and cause of Shirk is to pray close to them (graves) and to take them as places of worship (mosques), or to build upon it, and it is obligatory to rush to destroy them (mosques built on graves) and to destroy the domes that are on the graves, as they are worse than the mosque of Dhirar, because they are built in disobedience to the Prophet (saw), and it is obligatory to remove the torches and lamps that are on graves, and it is not permissible to make a Waqf of them and vows upon them”
Mahmud Al-Alusi said about the story of Kahf and people who base on it to justify building on graves of saints:
“And people have taken this as a proof for permitting building on graves of saints and turning them into mosques and praying in them…This saying is pure falsehood, corruption and evil. Ahmad, Abu Dawud, At-Tirmidhi, An-Nasai, ibn Majah narrated from ibn Abbas that the Messenger of Allah (saw) said: “May Allah curse the women visiting graves, those who make graves upon them and put lamps upon it”
Qadhi Ibrahim Al-Hanafi said in his “Majalis ul Abrar” p 129:
“And the domes built on graves, it is obligatory to destroy them because they have been built in disobedience and opposition to the Messenger (saw), and every construction that is built in disobedience and opposition to the Messenger (saw) deserves more to be destroyed than the mosque of Dhirar.”
So these quotations are clear that the Madhab of Abu Hanifah is that it is forbidden to plaster graves, to build domes on them.
May Allah send Salah and Salam on the Prophet (saw), his family and companions!