Is it permissible to widen a street at the expense of a cemetery that constricts it?
It is not permissible to exhume a grave without a legitimate Shar'i reason. However, if there is a necessity to widen the public road through a cemetery that constricts people, there is no objection to it, especially if the graves are decayed. It is permissible to exhume a grave if it has decayed and turned to dust, and at that point, it is permissible to bury another person in it, cultivate that land, build upon it, and utilize it in all other ways, and dispose of it, by agreement of the companions (scholars), provided that no trace of the deceased remains, whether bone or otherwise. The later Maliki scholars have explicitly stated the permissibility of widening roads and mosques from cemeteries.
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