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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on digging up graves for the purpose of expanding a residence

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Question:
The first message in this episode is from listener Saleh Hattash al-'Amri. Brother Saleh says in his message: I settled in a location and built my residence there. Near the house are old graves, said to be from one hundred and fifty years ago. As the days passed and the number of families increased, it became necessary for us to expand the residence. Since the expansion is obstructed by those graves, I ask you to inform me: does the Shari'ah permit me to remove these graves and bury them in another location, or what should I do? I ask you to inform me, for I am torn between two things: the narrowness of the house and the great sanctity of the dead for me. May Allah reward you with good?

Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon whoever follows his guidance. As for what follows:
You have no right to interfere with the graves. Rather, it is obligatory for you to avoid them, respect them, and be wary of encroaching upon them; because they predate you, they are more entitled to their location, and their people are more entitled to their place. Unless the graves are few, two or three, in which case it is possible for you to write to us so that we can write to the court there, and give us the true information about that. As for if they are many graves; avoid them and do not interfere with them in any way; because they are prior, and they are more entitled to their location. As for two or three that are isolated from the graves, write to us about them and we will look into the matter—Allah willing—through the court that you have.

The presenter : May Allah reward you with good.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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