Relocating the grave of Bahadur Shah Zafar

Question

The last crowned Mughal emperor of India, Bahadur Shah Zafar ﵀, was unjustly exiled from India by the British and kept under confinement in Rangoon; he died there a hundred and fifty years ago and was buried there. Now some Muslim leaders wish, with the help of the Government of India, to move him to India. In this matter it would be appropriate to draw your honour’s attention also to the following points. (1)

Answer

Respect for a grave is obligatory (lazim). But when the deceased no longer remains in the grave and has turned to dust, its ruling changes: respect is no longer obligatory, and building and farming are permitted there. If point no. 1 is put forward as the ground for the permissibility of moving the grave of the late Bahadur Shah Zafar, then drawing attention to points nos.

Source: Fatawa Mahmudiyya

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