Some Ulama claim that it is permissible to build upon graves. What do the Sunni Hanafi & other fuqahaa ( shafi, maliki, hanbali ) say about this issue. Shouldn’t the graves be levelled ?
Hazrat Jabir (rad) said,”The Messenger of Allah (saw) has forbidden plastering graves, to make them a place to sit, or to build over them constructions” (Sahih Muslim )
Qadi Thanaullah Panipati Hanafi said “Whatever is happening on saints graves like building over them, putting candels, and others things like that, it is all Haram” (Ma la Buda minhu p 95),
Ibn Abidin said, “It is reported from Abu Hanifa that he considers Makruh ( Haram) constructions over graves graves like houses, mazar (Qubas) and other constructions, because Jabir reported that the Prophet (saw) has forbidden to plaster graves, to write over them, and to build constructions over them, narrated by Muslim and others” (Fatawa Shami vol. 2 page 237)
Abul Hayaj Al-Asadi narrates that Ali ( Ibn Abu Talib) said to him, “Don?t you want me to give you the mission that the Messenger of Allah (saw) gave to me ? Do not let any picture without erasing it, nor a grave without levelling it” (Sahih Muslim)
The claim by these Ulama is incorrect.
It is prohibited to build structures on grave. The substantiations for that are clearly mentioned in the details of your question.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai