Is it obligatory to exhume a body buried without ritual washing (ghusl)?
General Chapter
Al-Mughni
Book of Funerals
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.