Is it permissible to exhume an old grave of one of the Awliya (pious saints) and transfer the remains to the cemetery, or to remove the traces of the grave and erect a building in its place on inherited land?
The basic principle is the impermissibility of exhuming the grave of the deceased, building over it, or walking on it, due to the Prophet’s (peace be upon him) saying: "Breaking the bone of a dead person is like breaking it when he was alive." Graves must be respected, and they should not be exhumed except out of necessity, or if no trace of the deceased remains. Scholars differed regarding the permissibility of utilizing an ancient (obliterated) cemetery. The Malikis are of the opinion that it may be utilized for Allah, like a mosque, while the majority of scholars believe it is permissible to utilize it for all types of utilization.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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