Is it permissible to exhume and open the grave to recover usurped property from the deceased?

General Chapter

Al-Mughni

Book of Funerals

Book 7 · Issue 4 · Bab 1

Open in Qurani

Primary text

Exhumation and extraction of usurped property are permissible if the body has begun to decompose and there is a high probability of discovering and retrieving the property from the deceased's remains, based on the principle of preventing harm and returning property. Evidence supporting the retrieval of property from a grave is found in the report by Abu Dawud, where the Prophet, peace be upon him, indicated the presence of a golden branch with the grave of Abu Raghal, which people subsequently dug up and extracted.