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Building Domes Over the Graves of the Awliya

The mu`tamad in the Shafi`i and Hanbali is that it is mubah if built 
on private property and makruh if built on common land as it narrows 
down public space. The Malikis have a view similar to this but it 
appears that the Hanafi School is stricter and views such 
construction as a waste and inappropriate for the dead

See some views excerpted in the following two files:

...

Yet the chosen position in al-Durr al-Mukhtar is that is is not 
makruh and some of the commentators of Mishkat al-Masabih share that 
view, such as al-Turibishti (d. 600) and Zayn al-`Arab [`Ali ib n`Abd 
Allah ibn Ahmad] as cited in Shaykh Ahmad al-Ghumari's Ihya' al-
Maqbur min Adillat Jawaz Bina' al-Masajid `ala al-Qubur which is 
partly very useful and partly unreadable due to its anti-madhhabi 
bias.

Some latter-day positions consider it acceptable for the pious, 
learned and Ahl al-Bayt as examined in the paper posted at:
http://www.masud.co.uk/ISLAM/misc/nabulsi.htm

Radical views on this issue among late Hanafis such as Mahmud Shukri 
al-Alusi and Nu`man al-Alusi and ex-Hanafis such as Shams al-Din al-
Afghani the founder of Jami`a Athariyya in Peshawar have paralleled 
the influence of la-madhhabi monographs such as al-Ma`allami al-
Yamani's `Imarat al-Qubur and al-Shawkani's Sharh al-Sudur fi Tahrim 
Raf` al-Qubur. In recent times there were renewed efforts from the 
pen of Nasir al-Albani (Tahdhir al-Sajid, Ahkam al-Jana'iz and 
others). Typically, all these works are terribly deficient in fiqh 
and rely mainly on two devices, (i) isnad-based weakening of the 
madhahib's proofs and (ii) mostly arbitrary revisionism of the 
madhahib's methods and understanding.

WAllahu a`lam.


GF Haddad
2008-11-01