Cases When Exhumation Is Permissible
Issue No.599- Exhumation is not haram in the following cases:1- When the dead body has been buried in a usurped land and the owner of the land is not willing to let it remain there. Also when the shroud or any other thing buried with it is usurped and the owner does not allow this. Similarly, if anything belonging to the heirs (e.g., rings or valuable ornaments) has been buried along with the deceased and they do not agree to it, or agree but its being in the grave is regarded as waste, it should be brought out. However, if the dead person had made a will that, for example, a certain supplication or a ring be buried along with his dead body, the grave cannot be dug up to bring those objects out provided that his will does not exceed one-third of his estate or it is not considered as waste.2- When it is necessary to inspect the body of the dead person in order to establish a right.3- When the dead body of a Muslim has been buried in a place which is disrespectful to it, like if it has been buried in the graveyard of non-Muslims or in a dunghill.4- When it is for a legal purpose [according to the Islamic sharia] which is more important than exhumation. For example, when they want to bring out a living child from the womb of a buried woman (Obviously, the child may stay alive for a short while after the death of its mother).5- When it is feared that a wild animal will tear up the corpse or it will be exhumed by the enemy.6- When a part of the body of the dead person has not been buried with it and they want to bury it. However, the obligatory precaution is to bury that part in a way that the body is not revealed.
