The inquirer requests clarification of the ruling regarding the relocation of the remains of a deceased from a cemetery set to be entirely demolished and redeveloped for a road and a housing project, along with the required formal and religious procedures for carrying out such a transfer.

It is established in Islamic jurisprudence that it is impermissible to move the deceased from their graves after burial except in cases recognized as valid under Islamic law. Such cases include:

- If the deceased was buried in usurped land, and the rightful owner or a party entitled to preemption reclaims it and does not allow the grave to remain in place.

- If the grave is compromised by flooding, moisture, water intrusion, or similar factors that affect its integrity.

- If the relocation serves a benefit either to the living or to the deceased.

- In cases of necessity.

 

Conditions for relocating a deceased

The conditions for relocating a deceased include:

• That the body remains intact during the relocation.
• That the sanctity of the deceased be preserved.
• That the relocation serves an interest or necessity.
• That the deceased be handled with care, as the deceased feel pain similar to the living.

 

The ruling

It is unlawful to relocate a deceased in the absence of any of any of the above-mentioned cases or conditions.

And Allah Almighty knows best.