Any ṣalāh performed in a graveyard is considered invalid. Here, the negation of validity stipulates the corruption of the act itself. This is because acts of worship may either be considered valid and correct, or corrupted. There is no middle between these two. They are legislatively opposed to one another and, as such, whenever validity is negated corruption follows.

Our saying “ṣalāh” here is inclusive of all prayers regardless of whether they are obligatory or supererogatory. It is also inclusive of prayers that consist of rukūʿ and sujūd and those that do not. This is because we have stated “ṣalāh” which would mean that would also include ṣalāt al-janāzah, and that praying such a ṣalāh in the graveyard is impermissible. However, evidence proves that ṣalāh al-janāzah represents an exception as we will mention—Allāh willing. Considering this, this statement is inclusive of all prayers save for ṣalāt al-janāzah.

[Q]: Is it permissible for a person just to perform sujūd in a graveyard? For example, if he was reciting Qurʾān and, while passing the graveyard, he comes upon a verse for which there is a sajdah tilāwah.¹

[A]: The answer to this is an offshoot from the difference of opinion among the scholars regarding sujūd al-tilāwah. Among them are those who hold the opinion that it a form of ṣalāh, while others do not consider it ṣalāh. As for those who do not consider it a form of ṣalāh, they regard performing sujūd in the graveyard permissible. While those that have the opinion that it is a form of ṣalāh regard it as impermissible.

[Q]: Is the “graveyard” being referred to here simply land that has been prepared for the purpose of burial, even if nobody has been buried there yet? Or is it land that actually holds buried bodies?

[A]: What is meant by “graveyard” here is land in which people have been buried. As for land that has been purchased for the purpose of serving as a graveyard, but there are no deceased that have been buried there yet, ṣalāh on such land is valid. Then, when a person is buried there, ṣalāh on such land will be deemed invalid. As, at that point, that land in its entirety is considered an actual graveyard.

Generally, performing ṣalāh on any land is fundamentally considered valid. As the Prophet (صلى الله عليه وسلم) said: “The entire earth has been made a place of sujūd and a means of purification for me”.² Therefore, we undoubtedly require evidence to prove the invalidity of ṣalāh performed in any given place.

[Q]: What is the evidence that ṣalāh performed in the graveyard is invalid?

[A]: The evidence of this is the following:

1. The saying of the Prophet (صلى الله عليه وسلم): “The entire earth is a place of sujūd except for the graveyard and the area used to relieve oneself”³. This represents an exception which may be used to gauge the general, encompassing rule.
2. The saying of the Prophet (صلى الله عليه وسلم): “Allāh’s curse be on the Jews and the Christians. They took the graves of their prophets as places of sujūd”. His saying “places of sujūd” here is a more encompassing term than referencing an actual erected structure. It may refer to any place in which sujūd is performed, even if there is no erected structure. The word used here is “masājid” which is the plural form of the word “masjid” which refers to any place in which sujūd is performed. Thus, it is more general than a built structure.
3. Logical reasoning: Praying in the graveyard may be taken as a means towards worshipping the graves therein, or seeking to resemble those who worship graves. For this reason, because there were disbelievers who used to perform sujūd to the sun specifically at its rising and setting, the Prophet (صلى الله عليه وسلم) forbade us from similarly praying ṣalāh at sunrise and sunset.⁴ Such that this ṣalāh could not be taken as a means towards worshipping the sun instead of Allāh, or seeking resemblance to the disbelievers.

As for those who view the reason for the prohibition of praying in the graveyard as being in relation to the presence of najāsah therein, this reasoning is weak. Rather, it is completely dead, soulless. They also say: There is a possibility that the dead, buried bodies may be unearthed and dead matter from those bodies mar the surrounding dirt with najāsah.

This may be answered as follows:

1. Fundamentally, dead bodies are never exhumed.
2. Who told you that the dirt you are praying upon contains dead matter from those bodies?
3. Who said that the matter attributable to the dead Children of Ādam is considered najs?
4. There is no difference, as far as these people are concerned, between an old graveyard and a new one where one is well-aware that exhumation shall not occur. They are unable to answer any of these introductory queries. As such, their reasoning is unsound.

[Q]: Is one grave sufficient to garner any ṣalāh performed in its vicinity invalid? Or does it have to be three or more?

[A]: There is a difference of opinion in this matter. Among the scholars are those who say: One or two graves does not invalidate the correctness of ṣalāh while others hold the opinion that it does. The correct opinion in this issue is that ṣalāh should be avoided even in the vicinity of a single grave. This is because it is a place that holds a buried body and should, therefore, be considered an actual graveyard. All the people in the area cannot die at the same time such that the graveyard is filled immediately. Rather, they die one after another.

[Q]: Should you then make the ruling in attachment to the name itself and say: No one may pray in any land that is prepared for the purpose of serving as a graveyard?

[A]: The namesake has not been fulfilled in such an instance. It is only a graveyard with regards to that which will occur in the future. As such, performing ṣalāh therein is correct. As soon as someone is buried on that land, it becomes a graveyard.

The exception to the aforementioned is ṣalāt al-janāzah. If the ṣalāh is performed on the grave itself, then this is undoubtedly an exception. The evidence for this is that it has been authentically confirmed that the Prophet (صلى الله عليه وسلم) noticed that a woman who used to sweep the masjid was missing, so he (صلى الله عليه وسلم) asked concerning her. They [the companions] told him: “She has passed away”. She had died in the night and the companions hated to disturb the Prophet (صلى الله عليه وسلم) at the time of her passing, to cause him to leave his dwelling. So he (صلى الله عليه وسلم) said to them: “If you had only sought my leave”, that is, informed me. Then, he (صلى الله عليه وسلم) said: “Direct me to her grave”, so they directed him to her burial site. He (صلى الله عليه وسلم) stood over it and prayed.⁵

[Q]: What if we are to bring the deceased to his grave and pray on him [in the graveyard] before his burial?

[A]: We have a general, encompassing rule here which is “The entire earth is a place of sujūd except for the graveyard and the area used to relieve oneself”, and praying on the dead is a form of ṣalāh without a doubt. As it is opened with the takbīr, concluded with the taslīm, and the prerequisites of purity and recitation of the Qurʾān apply to it. Then, it is definitely a form of ṣalāh. What has extricated it from the encompassing statement of “except for the graveyard”? We may analogise it with praying on the grave [i.e., after the burial has concluded] because it has been authentically confirmed that the Prophet (صلى الله عليه وسلم) prayed on a grave [after burial]. Thus, there is no difference between praying on the grave of a person who has already been buried and another who is about to be buried. The reasoning is present in both which is the occurrence of a form of ṣalāh in the graveyard. The practice of the people nowadays is in accordance with this; that is, they pray on the deceased even if it is before his burial in the graveyard.

We could also say: Praying on the deceased in this way is not included in the ḥadīth. This is because the Prophet (صلى الله عليه وسلم) said: “The entire earth is a place of sujūd”, that is, a place for the performance of ṣalāh that consists of sujūd. However, ṣalāt al-janāzah does not have any sujūd associated with it.

Source: Al-Sharḥ al-Mumtiʿ 2:237-241
Translated by: Riyāḍ al-Kanadī