What is the ruling if a deceased person is buried in usurped or jointly owned land without the co-owner's permission?

General Chapter

Al-Mughni

Book of Funerals

Book 7 · Issue 3 · Bab 1

Open in Qurani

Primary text

The body must be exhumed and removed if buried in usurped land or land jointly owned without the partner's permission. This is because the harm caused by a grave in land is continuous and extensive, unlike the harm associated with a non-owner's shroud.