What is the ruling on collecting the remains of the deceased, which consist of a rib cage connected to bones, with the shroud almost deteriorated, in the "Ma'dhamah" (a place next to the grave) by placing them in a deep pit, some on top of others, with a stone divider between the skeletons of men and women, due to the cemetery being full?
The sanctity of a deceased person is the same as their sanctity when alive. Therefore, it is impermissible to exhume a grave unless there is a legitimate Sharia reason, as long as the bones remain. However, if the body has decayed and turned into dust, it is permissible to utilize the land for cultivation or burial. Al-Nawawi said: "It is not permissible to exhume a grave without a legitimate Sharia reason, by the agreement of the companions, and it is permissible for legitimate Sharia reasons, such as those mentioned previously. In summary, it is permissible to exhume a grave if the body has decayed and turned into dust... This applies only if no trace of the deceased remains, neither bone nor anything else." Ibn Hajar al-Haytami said: "It is forbidden to bury one deceased person on top of another, even if they are of the same kind, until the first body has completely decomposed." It is not permissible to exhume graves due to the cemetery being full; rather, one must search for another place for burial, even if it is outside urban areas.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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