The Fiqh of passing by the graves of the Kuffaar

(And yes it means no RIP prayers for them)

بسم الله والحمد لله والصلاة والسلام على رسول الله ، وبعد

Al-Baihaqee reported on the authority of `Aamer Ibn Sa`d, that his father said: A Bedouin came to the Messenger of Allaah ﷺ and said: “My father used to uphold ties of kinship, and he did such-and-such (mentioning his acts of kindness), so where is he?” The Prophet ﷺ said: ❝He is in the Fire.❞ The Bedouin found it difficult to bear. Then he said: “Where is your father of Messenger of Allaah?” He ﷺ said: ❝Whenever you pass by the grave of an idolater, give him the tidings of Hell-fire.❞

The Bedouin later became Muslim, and he said: “The Messenger of Allaah ﷺ gave me a difficult task. I never passed the grave of an idolater but I gave him the tidings of Hell-fire.”

[Shaikh al-Albaanee said in Saheeh al-Seerah: reported by al-Baihaqee in “al-Dalaail” (1/191-192), and also reported by al-Tabaraanee in al-Kabeer (326), as well as by al-Dhiyaa’ al-Maqdasee in “al-Mukhtaarah” (1005) and its chain is “Saheeh” See al-Saheehah (18)]

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Shaikh al-Albaanee said: In this Hadeeth there is an important benefit which many books of Fiqh had missed out on (or neglected), i.e. the prescription of giving a Kaafir the tidings of Hell-fire when passing by his grave. And it is not hidden – from this legislation – that it is to awaken a Believer and to remind him of the gravity of this crime which this Kaafir had committed. The sin which is the most gravest of them all; and which makes the other worldly sins – even if they were all gathered together – insignificant in comparison to it. It is the sin of Kufr (disbelief in Allaah) and Shirk (associating partners with Allaah in acts of worships), about which Allaah تعالى clearly warned us that He تعالى severely abhors it when He تعالى excluded it from forgiveness (for the one who dies upon it), as He تعالى said:

﴿إِنَّ اللَّـهَ لَا يَغْفِرُ أَن يُشْرَكَ بِهِ وَيَغْفِرُ مَا دُونَ ذَٰلِكَ لِمَن يَشَاءُ﴾

{Verily, Allaah forgives not that partners should be set up with him in worship, but He forgives except that (anything else) to whom He pleases} [Surah al-Nisaa’ (4): 48 & 116]

This is why the Prophet ﷺ said: ❝The biggest sin is that you set up rival unto Allaah while He alone has created you.❞ [Saheehain]

The ignorance about this benefit has led some of the Muslims to oppose what the Wise Legislator (Allaah) had legislated. We know for sure that many Muslims visit the lands of the Kuffaar to fulfil some of their specific needs (like for education or medical treatment) or general (like tourism etc.), and it does not suffice them till they visit the graves of some of the “great men” (in history) among the Kuffaar, and place flowers and wreaths on their graves, and humbly and sorrowfully stand in front of them – which indicates their approval of them and their lack of abhorrence for them. Whereas, the excellent examples which the Prophets عليهم السلام left behind teaches the opposite, as has been mentioned in this authentic Hadeeth, and listen to what Allaah عز وجل had said:

﴿قَدْ كَانَتْ لَكُمْ أُسْوَةٌ حَسَنَةٌ فِي إِبْرَاهِيمَ وَالَّذِينَ مَعَهُ إِذْ قَالُوا لِقَوْمِهِمْ إِنَّا بُرَآءُ مِنكُمْ وَمِمَّا تَعْبُدُونَ مِن دُونِ اللَّـهِ كَفَرْنَا بِكُمْ وَبَدَا بَيْنَنَا وَبَيْنَكُمُ الْعَدَاوَةُ وَالْبَغْضَاءُ أَبَدًا حَتَّىٰ تُؤْمِنُوا بِاللَّـهِ وَحْدَهُ...﴾

{Indeed there has been an excellent example for you in Ibraaheem and those with him, when they said to their people: “Verily, we are free from you and whatever you worship besides Allaah, we have rejected you, and there has started between us and you, hostility and hatred for ever, until you believe in Allaah Alone…”} till the end of the Aayah [Surah al-Mumtahanah (60):4]

This was their (the Prophets’) stance with them (the Kuffaar) while they were still alive. So then how should it be after they are dead?!

Regarding the people of al-Hijr (Thamood), `Abdullaah bin `Umar رضي الله عنهما narrated that Allaah's Messenger ﷺ said: ❝Do not enter (the places) of these people where Allaah's punishment had fallen unless you do so weeping. If you do not weep, do not enter (the places of these people) because Allaah's curse and punishment which fell upon them may fall upon you.❞ [Saheeh al-Bukhaaree (433, 3380, 3381) and Saheeh Muslim (5296, 5297)]

[Al-Saheehah (1/57-58)]