Exhuming Graves, Removing Remains, and Placing Another Deceased
Machine translationRead the Arabic original
Question:
This person asks, saying that it seems to be in a country other than Saudi Arabia. He says that in the graves, they place the deceased, and after six months, they exhume the grave and remove the remains from it. He says that when our mother died, one of our relatives placed a layer of cement on her body, or something similar, so that the grave would not be exhumed. What is the ruling?
Answer:
It is not permissible to exhume a grave, because once the deceased is placed in it, it becomes his property, dedicated to him. Therefore, it is not permissible to remove him from it; it has become his private residence until the Hour comes. This is an injustice. Removing the deceased from his grave is not permissible unless dire necessity calls for it, such as if the deceased is being harmed by being trampled on or if a public road is being built over him, causing harm to the deceased. In that case, we would move him to the public cemeteries. However, if there is no such necessity, it is not permissible to take out the remains to break the tongue of another deceased person. The existing occupant has more right to the grave than the new deceased. Taking it from him is an injustice. Therefore, the deceased must be left in their graves, and they must not be encroached upon. If you were to go to someone’s house and tell him, “Get out, I want to live in your house,” would that be permissible? No, that is not permissible, and no one can force you to do it. So how can you remove the deceased from his grave and place another deceased in it? Yes, you have no right to do that. Did he precede you to this? Yes.
The presenter:
May Allah reward you with good,
This person asks, saying that it seems to be in a country other than Saudi Arabia. He says that in the graves, they place the deceased, and after six months, they exhume the grave and remove the remains from it. He says that when our mother died, one of our relatives placed a layer of cement on her body, or something similar, so that the grave would not be exhumed. What is the ruling?
Answer:
It is not permissible to exhume a grave, because once the deceased is placed in it, it becomes his property, dedicated to him. Therefore, it is not permissible to remove him from it; it has become his private residence until the Hour comes. This is an injustice. Removing the deceased from his grave is not permissible unless dire necessity calls for it, such as if the deceased is being harmed by being trampled on or if a public road is being built over him, causing harm to the deceased. In that case, we would move him to the public cemeteries. However, if there is no such necessity, it is not permissible to take out the remains to break the tongue of another deceased person. The existing occupant has more right to the grave than the new deceased. Taking it from him is an injustice. Therefore, the deceased must be left in their graves, and they must not be encroached upon. If you were to go to someone’s house and tell him, “Get out, I want to live in your house,” would that be permissible? No, that is not permissible, and no one can force you to do it. So how can you remove the deceased from his grave and place another deceased in it? Yes, you have no right to do that. Did he precede you to this? Yes.
The presenter:
May Allah reward you with good,
Source
قناة «العلامة الدكتور صالح الفوزان»، محاضرات في العقيدة والدعوة-003-اجتماع الكلمة وأثره في دفع الفتن|صالح الفوزان|كبار العلماء — youtube.com (1:26:44)
The Arabic text is a machine transcription of the audio recording.
