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Funeral Laws - carrying and Burial

Burying a Person in Another's Grave

Q: Janaa'iz-50: A person was buried on someone's property and the owner now wishes to remove the body. Does he have the right to do this or is he entitled only to the price of the property?

Answer: The owner has the right to remove the body. However, if the land was made Waqf and someone dug a grave, he may claim for his labour if a different person is to be buried in the grave but cannot remove the body. And Allaah knows best what is most correct.

Fatawa Rahimiyyah vol.3