Is it permissible to exhume graves for the purpose of widening roads?
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Question:
Is it permissible to exhume graves under the pretext of widening roads? And if this is not permissible, there is a cemetery in Umm al-Hamam in Riyadh where they exhumed the graves, leaving some of them partially intact, and they dumped the earth on the others?
Answer:
Exhuming graves is a matter that requires detailed consideration and careful attention. Therefore, they should not be exhumed except in cases of dire necessity for the benefit of the living. If it is possible to divert the road and avoid exhuming them, that is what is obligatory. If dire necessity calls for their exhumation, they should be exhumed, and the bones and remains should be moved to another place in the cemetery or to another cemetery.
As for what concerns Umm al-Hamam, this has not reached me, and we will look into this, if Allah wills. But regarding the exhumation of graves for public interests, this is a matter that requires careful consideration. It is obligatory for the state and the responsible officials to be cautious in this regard. If dire necessity calls for it, and there is no alternative in a matter that benefits the living and serves their interest, then there is no harm in exhuming them out of necessity, and moving the remains to another place in the cemetery or to other cemeteries.
And during the time of Mu'awiyah (may Allah be pleased with him and grant him satisfaction), some of the graves of the people of Uhud were dug up for interests that Mu'awiyah (may Allah be pleased with him and grant him satisfaction) saw. Jabir also dug up his father's grave, took his father out of it, and placed him in another location because he feared a flood for him. In one narration, it is stated that he was buried with another person, so he took him out and placed him in a separate grave.
So the conclusion: Exhuming them for the benefit of the deceased, if they are in a place that is disrespected, trampled upon, and desecrated, involves moving them to a protected place far from disrespect. So there is no harm for the interests of the dead. Likewise, exhumation for the interests of the living, for the public interest out of necessity, if dire necessity calls for it. But if it is possible to avoid exhumation and to divert the roads away from them, that is what is obligatory.
Is it permissible to exhume graves under the pretext of widening roads? And if this is not permissible, there is a cemetery in Umm al-Hamam in Riyadh where they exhumed the graves, leaving some of them partially intact, and they dumped the earth on the others?
Answer:
Exhuming graves is a matter that requires detailed consideration and careful attention. Therefore, they should not be exhumed except in cases of dire necessity for the benefit of the living. If it is possible to divert the road and avoid exhuming them, that is what is obligatory. If dire necessity calls for their exhumation, they should be exhumed, and the bones and remains should be moved to another place in the cemetery or to another cemetery.
As for what concerns Umm al-Hamam, this has not reached me, and we will look into this, if Allah wills. But regarding the exhumation of graves for public interests, this is a matter that requires careful consideration. It is obligatory for the state and the responsible officials to be cautious in this regard. If dire necessity calls for it, and there is no alternative in a matter that benefits the living and serves their interest, then there is no harm in exhuming them out of necessity, and moving the remains to another place in the cemetery or to other cemeteries.
And during the time of Mu'awiyah (may Allah be pleased with him and grant him satisfaction), some of the graves of the people of Uhud were dug up for interests that Mu'awiyah (may Allah be pleased with him and grant him satisfaction) saw. Jabir also dug up his father's grave, took his father out of it, and placed him in another location because he feared a flood for him. In one narration, it is stated that he was buried with another person, so he took him out and placed him in a separate grave.
So the conclusion: Exhuming them for the benefit of the deceased, if they are in a place that is disrespected, trampled upon, and desecrated, involves moving them to a protected place far from disrespect. So there is no harm for the interests of the dead. Likewise, exhumation for the interests of the living, for the public interest out of necessity, if dire necessity calls for it. But if it is possible to avoid exhumation and to divert the roads away from them, that is what is obligatory.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.