Resolution No.(224) (7/2016) by the Board of Ifta`, Research and Islamic Studies:
"Exhuming a Graveyard to Build a School in it is Prohibited"
Date: 5/Sha`ban/1437, corresponding to 12/5/2016 AD.
All perfect praise be to Allah, The Lord of the Worlds, and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
During its sixth session held on the above date, the Board reviewed the question-originally sent by the UNRWA-of His Excellency the Minister of Endowments about the ruling of Sharia on the above issue?
According to Sharia, graveyards are of great sanctity and Muslims must show respect to their inhabitants and protect them against harm, as indicated in the following Prophetic tradition: "Breaking a deceased body’s bones is exactly like breaking them when he is alive.” {Related by Abu Dawood}.
Therefore, Muslim jurists haven`t permitted exhuming graves for no legitimate necessity until the bones have transformed into earth, which isn`t the case with [An-Nadeef Graveyard] since it contains fresh graves, as shown by the report of the special committee formed to that purpose.
In conclusion, it isn`t permissible to exhume the graves of " An-Nadeef Graveyard" for building a school there. And Allah Knows Best.
Chairman of the Iftaa Board, Sheikh Abdulkareem Al-Khasawneh
Dr.Hail Abdulhafeez/Member Prof. Abdulnasser Abulbasal/ Member
Dr. Yahia Al-Botoosh/ Member
Dr. Sa`eed Hijjawi/ Member
Dr. Mohammad Khair Al-Eesa/ Member
Dr. Khalid Woraikaat/ Member
Prof. Abdullah Al-Fawwaz/ Member
Dr. Mohammad Al-Khalayleh
Dr. Mohammad Al-Zou`bi/ Member