DAVAO CITY (MindaNews / 4 December) — The Bangsamoro Darul-Ifta’ has issued a fatwa or religious guidance permitting the exhumation of graves to facilitate the identification of unknown victims who perished during the 2017 Marawi Siege.

The International Committee of the Red Cross (ICRC) in the Philippines welcomed the ruling of the Islamic advisory council in the Bangsamoro region. 

Sheikh Abdulrauf Guialani, the Bangsamoro Mufti, said they permitted the exhumation of unidentified victims buried in mass graves in the Islamic City of Marawi following a request from ICRC for a guidance on the matter.

He noted that the Darul-Ifta’ studied the sensitive issue thoroughly before arriving at a ruling last November 3, a copy of which MindaNews obtained recently.

“The original ruling on exhuming graves is prohibited (haram), as it violates the sanctity and dignity of the human being. However, when justified by valid reasons, it becomes a nuanced matter in Islamic jurisprudence requiring a balance between the sanctity of the deceased and the rights of the living relatives,” it said.

Islamic jurisprudence permits exhumation in cases of confirming identity, among others, the ruling stated.

“As in modern forensic medicine, when there is a claim of lineage or inheritance that depends on identifying the deceased (e.g., through DNA), or for legal necessity, such as proving intentional or accidental murder,” the ruling, entitled “Fatwa on Exhuming Graves,” explained.

The prohibition also shifts to permissibility when, according to the Bangsamoro Darul-Ifta’, these religious conditions are met:

• The need must be real and urgent
• The objective cannot be achieved by other means
• The exhumation must be carried out with minimal violation
• Permission must be obtained from the deceased’s relatives (if known), the relevant local authority, or the competent religious judiciary

Allison Lopez, ICRC-Philippines communications manager, welcomed the fatwa issued by the Bangsamoro Darul-Ifta’.

“The fatwa issued by the Darul-Ifta’ will serve as a vital reference for Muslim families of the missing, local government units, and Islamic organizations in Marawi City,” she said in an email on Wednesday.

The ICRC has been supporting families and providing technical assistance to Philippine authorities in the search and identification process of the unidentified dead in the Marawi siege.

She stressed that the responsibility to search for and identify missing persons cases lies with the state.

Lopez said that at least 300 cases of missing persons related to the Marawi conflict remain unresolved, adding that the families of these individuals have the right to know the fate and whereabouts of their missing loved ones.

Identifying the unidentified remains buried in Maqbara Cemetery could provide much-needed closure to many of these families, she noted.

Lopez said the fatwa will also help guide the Technical Working Group (TWG) for Marawi Siege Victims Identification.

This group is tasked with facilitating the exhumation, identification, and documentation of remains in Maqbara Cemetery, as well as addressing reports of missing persons resulting from the Marawi conflict.

“It is crucial that all search and identification efforts are conducted with full respect for cultural and religious sensitivities,” Lopez said.

The Marawi siege, which erupted on May 23, 2017, displaced at least 350,000 individuals and left the core of the country’s only Islamic city in ruins.

The five-month urban battle between the Maute Group, aided by the Abu Sayyaf Group, and government forces left at least 1,100 individuals dead, mostly Islamic militants, data from the Armed Forces of the Philippine showed.

The militants seized Marawi in a bid to establish it as an Islamic State territory in Southeast Asia. (Bong S. Sarmiento / MindaNews)