Q:
What is the legal ruling on fencing graves? Is it lawful to spend the money of Zakah (obligatory charity) to fence graves?
We ask this question to be enlightened about our religion and to avoid falling in mistakes, especially that we receive many applications asking for help in fencing graves lest some people who have weak faith may usurp the graves by constructing on them.May Allah reward you and write your answer in the record of your good deeds on the Day of Judgment!
A:
Fencing graves is required from the viewpoint of Shari`ah to protect the graves and avoid harming the dead by walking on them, but it is not lawful (Part No. 8; Page No. 418) to pay for fencing them from Zakah money, because Zakah is determined to be paid only to the eight categories of Zakah recipients mentioned in the Words of Allah (Glorified be He):
As-Sadaqât (here it means Zakât) are only for the Fuqarâ’ (poor)
and so on, to the end of the verse. So, the payment of Zakah must be confined to these categories, to the exclusion of other charitable projects such as building mosques, fencing graves, and so on. Rather, such projects are to be financed from donations or by the relative competent authority such as the Ministry of Municipal Affairs.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
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