Moving the dead from the grave after burial out of necessity

By Nazir Ayyad

حكم نقل الميت من قبره بعد دفنه للضرورة

A question on moving the dead from one grave to another out of necessity, in which Egypt's Dar al-Ifta answered that it is forbidden in principle but permitted for a necessity, need or recognised benefit. Dar al-Ifta answered that opening a grave and moving the dead is forbidden in principle, except for a necessity, need or legally recognised benefit that cannot be achieved without moving him. It required that the deceased be treated with respect in the move, that his body or what remains of it be preserved and covered, that he be carried gently, and that the competent official authorities permit it and their regulations be followed. It gave as examples the grounds jurists list for opening a grave: burial facing away from the qibla, without washing or shroud, or in usurped land; property dropped into the grave; danger of water damage to graves; or a public interest such as building a road.

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Summary

A question on moving the dead from one grave to another out of necessity, in which Egypt's Dar al-Ifta answered that it is forbidden in principle but permitted for a necessity, need or recognised benefit. 1

The question

The questioner asked whether a dead person may be moved from the grave in which he was buried to another grave out of necessity. 1

The answer

Dar al-Ifta answered that opening a grave and moving the dead is forbidden in principle, except for a necessity, need or legally recognised benefit that cannot be achieved without moving him. 1 It required that the deceased be treated with respect in the move, that his body or what remains of it be preserved and covered, that he be carried gently, and that the competent official authorities permit it and their regulations be followed. 1 It gave as examples the grounds jurists list for opening a grave: burial facing away from the qibla, without washing or shroud, or in usurped land; property dropped into the grave; danger of water damage to graves; or a public interest such as building a road. 1

About this record

Egypt's Dar al-Ifta published this fatwa on its site as no. 9021, dated 29 July 2026, among the fatwas of Grand Mufti Nazir Ayyad. 1 The museum records this text as a historical document attributed to the body or scholar that issued it; it issues no ruling of its own.

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Exhuming graves (nabsh)

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Moving a deceased person's remains to a family cemetery· Exhuming graves (nabsh)

Sources

  1. Egypt's Dar al-Ifta (dar-alifta.org) , fatwa 9021

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islam.museum contributors. “Moving the dead from the grave after burial out of necessity”. islam.museum, https://islam.museum/en/work/fatwa-dar-alifta-moving-the-dead-from-the-grave/. CC BY-SA 4.0. Last updated 2026-11-01.

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Moving a deceased person's remains to a family cemetery

A question about moving a deceased person's remains to a family cemetery, in which Jordan's General Iftaa Department answered that a grave may not be opened and the remains moved while the deceased's bones remain in it, and that difficulty of visiting is not a necessity that permits exhumation, since one can pray for the deceased from afar and visit at longer intervals. The Department answered that the deceased has sanctity and dignity, citing Surat al-Isra' 17:70, and that graves may not be opened or removed while the bones of the dead remain in them; bones decay only after hundreds of years, as observed in the country. It cited, as evidence that the dead have the same sanctity as the living, a hadith narrated by Abu Dawud whose meaning is that breaking a dead person's bone is like breaking it while he is alive, and a hadith narrated by Muslim whose meaning is that sitting on an ember that burns through one's clothes to the skin is better than sitting on a grave; part of the deceased's dignity is that his grave not be opened or his sanctity violated. It said the place where a person is buried counts as an endowment for him, and burial in a public cemetery is better so that more people pray for and visit the dead; since he was buried in a private cemetery, there is no need or necessity to move him near his family so they can visit and pray for him, since prayer can be made from afar, and visits can be made at longer intervals if they are difficult. It concluded that the grave may not be opened unless the remains have fully decayed.