الحكم الفقهي الإسلامي والقانوني في دفن الموتى بالمسجد أو جواره: قضية المرحوم أحمد اليوسفي بعين مران نموذجا

Abstract EN

The burial of the dead shall be in a specific place called a cemetery away from the population in a precise distance, in order to prevent the inhabitants from serious or contagious disease, just as the law requires that graves are dug with a certain depth and width, and that the cemetery be fenced.

the Islamic jurisprudence in its various doctrines has forbidden the burial of the dead in mosques, or nearby or in their squares, because mosques are a Waqf that no one can exploit or bury there in.

this is what the masters of Islamic jurisprudence agreed about, scholars also forbid building, plastering, or reading near the tomb.

concerning the case of imam al Yousifi Ahmad who is buried near the mosque in the municipality of Ain Maran, Chlef province, it is considered as a violation of the Islamic law and regulation.

so, the municipal, security services and religious authorities should rebury him in the municipality cemetery.