What should we do regarding the discovery of three graves containing small, decaying bones during excavation work in an old, bustling street, about which the elderly residents know nothing, and the street is adjacent to a fenced cemetery, keeping in mind that closing the street would cause great hardship?
If the bones are human, then it is not permissible to exhume graves or violate the sanctity of the dead except in cases of necessity, or if the graves have deteriorated and no trace of the deceased remains. If bones are found, the second case is negated. The consideration then remains for necessity: if the people of the city cannot do without this road and find no alternative, then there is no harm in moving the bones to Muslim cemeteries and keeping the road, this being a matter of choosing the lesser of two evils.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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