Ruling on digging up graves in order to build houses
Machine translationRead the Arabic original
This is a message received by the program from the questioner, 'Abd al-Salam Ghayath al-Yamani, from the Mahwit Governorate in Yemen. He says in his message: I live in a village on the edge of a mountain on the southern side, which is a high mountain, and on the western side is the edge of a mountain, and on the eastern side as well, and agricultural terraces surround us. I have a plot of land next to a cemetery, so I intended to build a house for myself because my father's house no longer accommodates us. After we dug in the same land and laid the foundation stone for the house, we found graves. After that, we took out the bones and moved them to another place, where there is a trench under a mountain in our village containing heads, hands, feet, and parts of human bodies that were placed there long ago. We do not know whether our action is prescribed or not. Please inform us, may Allah reward you.
Answer: This is not permissible as long as there are graves in the land. The obligatory thing is to leave them as part of the cemetery, as long as the cemetery is next to you, next to the questioner. The obligatory thing is that he does not touch them and does not dig up the graves. If he digs and finds graves, he should leave them alone and leave them as they are. It is not permissible for people to dig up graves and build their houses in the place of the graves. This is an encroachment on the dead and a wrong against the dead, so it is not permissible.
Some things may be permissible if dire necessity calls for them, such as if there is a pressing need for a road that benefits the Muslims and some graves are in its way, and there is no way to divert the road. In that case, it may be permissible to take part of the cemetery and move the remains to another place, if the dire necessity calls for widening this road for the Muslims and there is no way to divert it from the cemetery. However, for people to take from the cemetery to widen their houses, this is not permissible. Yes.
The presenter: May Allah bless you and reward you with good.
Answer: This is not permissible as long as there are graves in the land. The obligatory thing is to leave them as part of the cemetery, as long as the cemetery is next to you, next to the questioner. The obligatory thing is that he does not touch them and does not dig up the graves. If he digs and finds graves, he should leave them alone and leave them as they are. It is not permissible for people to dig up graves and build their houses in the place of the graves. This is an encroachment on the dead and a wrong against the dead, so it is not permissible.
Some things may be permissible if dire necessity calls for them, such as if there is a pressing need for a road that benefits the Muslims and some graves are in its way, and there is no way to divert the road. In that case, it may be permissible to take part of the cemetery and move the remains to another place, if the dire necessity calls for widening this road for the Muslims and there is no way to divert it from the cemetery. However, for people to take from the cemetery to widen their houses, this is not permissible. Yes.
The presenter: May Allah bless you and reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
