Is it obligatory to exhume a body buried without ritual washing (ghusl)?

General Chapter

Al-Mughni

Book of Funerals

Book 7 · Issue 1 · Bab 1

Open in Qurani

Primary text

Exhumation and subsequent ritual washing of a buried body is obligatory if the deceased was buried without ghusl. This is the position held by Malik, Al-Shafi'i, and Abu Thawr. The justification is that the obligation of prayer (which includes ghusl) remains due and is not nullified by the improper burial; this is analogous to recovering property of value from the grave.

Supporting text

Abu Hanifa stated that the body must not be exhumed because exhumation constitutes mutilation (mithlah), which is prohibited.