Ruling on Making a Road Through a Cemetery
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Question:
We have a cemetery that is about two hundred years old, and people are still buried in the far side of it to this day. However, there is a street that passes through one end of it, and also through the middle of the cemetery. Is that permissible? And if it is not permissible, is it possible to move the bones and the remains of the graves to a place outside the area? We ask for your guidance. May Allah reward you with good.
Answer:
It is obligatory to prevent the street from passing over the graves. Graves are respected; the graves of Muslims are respected. Therefore, it is not permissible for them to be disrespected, neither by vehicles nor by pedestrians. Rather, they must be respected, and the road must be blocked by placing a fence that prevents the road, so that it is diverted to another direction other than the cemetery.
As for if dire necessity calls for it, and it is not possible to divert the road, and the necessity becomes clear; then the scholars of the Shari'ah in the country should be consulted regarding it. If they issue a ruling to move the remains to another place, there is no harm.
It is not permissible for the state or the authority to proceed without insight. Rather, they must consult and look to see if there is a passage for the road other than the cemetery. If the world becomes narrow, and no passage is found, and the necessity is confirmed, and the scholars are consulted—specifically the well-known scholar, known for his knowledge, virtue, and religion; then there is no harm in opening the road for the sake of necessity, and moving the remains from the location of the road to other places in the cemetery. Each grave's remains should be placed in a separate pit, and the surface of the pit should be leveled like the surface of the graves; so that they are not disrespected due to necessity. Yes, and it is established from him (peace and blessings be upon him) what indicates that in the case of necessity. Yes.
The presenter : May Allah reward you with good.
We have a cemetery that is about two hundred years old, and people are still buried in the far side of it to this day. However, there is a street that passes through one end of it, and also through the middle of the cemetery. Is that permissible? And if it is not permissible, is it possible to move the bones and the remains of the graves to a place outside the area? We ask for your guidance. May Allah reward you with good.
Answer:
It is obligatory to prevent the street from passing over the graves. Graves are respected; the graves of Muslims are respected. Therefore, it is not permissible for them to be disrespected, neither by vehicles nor by pedestrians. Rather, they must be respected, and the road must be blocked by placing a fence that prevents the road, so that it is diverted to another direction other than the cemetery.
As for if dire necessity calls for it, and it is not possible to divert the road, and the necessity becomes clear; then the scholars of the Shari'ah in the country should be consulted regarding it. If they issue a ruling to move the remains to another place, there is no harm.
It is not permissible for the state or the authority to proceed without insight. Rather, they must consult and look to see if there is a passage for the road other than the cemetery. If the world becomes narrow, and no passage is found, and the necessity is confirmed, and the scholars are consulted—specifically the well-known scholar, known for his knowledge, virtue, and religion; then there is no harm in opening the road for the sake of necessity, and moving the remains from the location of the road to other places in the cemetery. Each grave's remains should be placed in a separate pit, and the surface of the pit should be leveled like the surface of the graves; so that they are not disrespected due to necessity. Yes, and it is established from him (peace and blessings be upon him) what indicates that in the case of necessity. Yes.
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.