Is it permissible to remove old graves to build new ones in their place?
We have previously explained the permissibility of utilizing an obliterated graveyard for all types of uses, including burying the dead, cultivation, and construction, according to the majority of scholars. The Maliki school, however, holds that it may only be utilized for burying the dead and building mosques. This applies if the graves have been completely obliterated. However, if any trace of the deceased remains, it is not permissible to exhume them, even if hundreds of years have passed, for the sanctity of the dead is like the sanctity of the living.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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