Q: Five hundred years ago, the first and only Masjid (mosque) of Al-Siqal village in Southern Yemen was founded. The lands surrounding the Masjid in three directions were used as graveyards and the road occupies the fourth direction. As the village expanded and the population increased, the Masjid could no longer provide enough room for all the people praying. The villagers then decided to expand their Masjid in 1385 A.H. They consulted the judge of the village and some senior scholars concerning the expansion of the Masjid by annexing a part of the graveyard to it. Since it is impossible to expand it from the fourth direction occupied by the road, the scholars suggested the following: Establishing reinforced concrete columns in the direction of the graves where the Masjid is to be expanded as outlined in the attached drawing. The columns were established around and not above the graves. When digging, we avoided putting the columns where there is an old or new grave. A ceiling was set a meter above these columns, so that (Part No. 5; Page No. 252

A: The Fatwa (legal opinion issued by a qualified Muslim scholar) you referred to is incorrect, if the case is as you have mentioned, for it is not permissible to offer Salah (Prayer) in or above graves, on account of the generality of the saying of the Prophet (peace be upon him): May Allah curse the Jews and the Christians; they have taken the graves of their Prophets as Masjids (places of worship). It is well-known that the air space above graves is pursuant to them (subject to the ruling on them). Accordingly, it is obligatory to demolish that additional part built as an expansion for the Masjid on the stretch of the air space above graves and to keep to the original space of the Masjid. However, if it is too narrow to offer the Jumu‘ah (Friday) Prayer in it, you can look for another Masjid in another place in the village where there are no graves.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.