Relocating the deceased
Question
What is the ruling on moving the deceased from their graves? This may occur to place them in newly constructed graves, to separate them from other deceased persons with the aim of placing them in a distinct grave apart from other relatives, to avoid potential disputes with the living, or to place them together with other deceased relatives.
Answer
It is impermissible to move the deceased from their graves except to prevent harm to their remains, and only when that harm cannot be avoided by any other means. Permissible instances include cases where graves are damaged by floods or torrential rain or when burial took place on usurped land. Another valid reason is the pursuit of a public benefit that cannot be realized otherwise, such as the construction of a road or redirection of a river that renders relocation an essential necessity.
Thus, relocating the deceased constitutes harm, and harming them in death is tantamount to harming them in life. It is impermissible to place the interests of the living above that of the deceased and no excess should be committed in this matter except when it conflicts with a public necessity where the benefit of the public takes precedence over individual interest.
And Allah Almighty knows best.
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