Digging up Old Graves To Bury the Newly Deceased

Darulifta Ahlesunnat

(Dawateislami)

Question

   What do the honourable scholars say about this issue: I am a grave-digger, and I deal with many people who want graves made. Some ask me to dig a grave near one of their deceased family members or friends. I try to respect their wishes where possible. There are times in which there is no space or not enough space near a grave to dig another entire grave.

   When this happens, they say that a certain grave is old, and its inhabitant no longer physically remains therein. They then ask me to dig a new grave on the site of the old. If space is present but not large enough to dig an entirely new grave, they ask me to take the remaining necessary space needed to dig a new one from the parameters of the old one. In short, they demand for me to dig up an old grave. Am I allowed to dig up an old grave on their behest?

بِسْمِ اللہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

   Digging up the grave of a Muslim without a  Shari’  reason is impermissible and sinful, regardless of the age of the grave. The reason for this is that it entails disrespect and belittlement of the deceased which is forbidden(Haram). Burial near one’s deceased family members is not a necessity, and so forbidden actions are not permitted to facilitate this. Therefore, in this case, people making demands in this manner, as well as you acting on them, is impermissible.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَرَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ وَسَلَّم