The Ruling on Leveling Old Graves and Utilizing Their Land

Question:
And other than the Shaykh, may Allah guide you, are the graves that have been there for more than a hundred years, scattered among the farms, to be leveled and the land utilized for planting or otherwise?

Answer:
As long as it is known that they are graves, it is not permissible, even if a long time has passed. Rather, they should be preserved; because they contain the remains of the dead, they are to be preserved and leveled, and it is not permissible to use them. What some jurists mentioned, that after a hundred years they can be taken and used, has no evidence for it. They only justify this by saying that their bodies have decomposed, and Allah knows best. Not all bodies decompose; some remain, such as the bodies of martyrs and some of the believers. Also, their soil and dust have sanctity, so it is not permissible to use graveyards, even if a long time has passed.