When building, graves were found whose owners are unknown; should they be dug up?

The questioner : May Allah reward you. In some areas, land is divided and space is left for schools, mosques, and graves. These graves may be old and forgotten, and then people build on them. Later, when they dig, they find an old grave. Is it permissible to build on it?

The Shaykh : You should refer to the authorities in the country. They may decide that the graves should be respected and not built upon, or they may decide that they should be dug up and moved to a distant location. Also, are these graves of Muslims or polytheists? It is not known. Has this land been occupied for a long time, and were its people disbelievers?

The questioner : Yes.

The Shaykh : So, the majority of them are likely disbelievers. It is permissible to dig up the graves of disbelievers and to build schools or mosques on them, as the Prophet (peace and blessings be upon him) did when he arrived in Madinah. He dug up the graves and built the mosque.