Shar‘i Ruling on Acting upon a Will Regarding Place of Burial
Taken from: Fatāwā Arkān-e-Islām
Question
If a person makes a will to be buried in a specific place after death, is it permissible according to Shari‘ah to fulfill this will?
Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, Ammā Baʿd:
Step 1: Determine the Reason for the Will
◈ The first step is to find out why the deceased requested burial in that specific place.
◈ It is possible the chosen place:
- Contains a false or fabricated grave.
- Is a site where shirk (associating partners with Allah) is practiced.
- Has some other haram (prohibited) reason behind it.
If the Will is Based on an Unlawful Reason
◈ In this case, it is not permissible to act upon the will.
◈ The will should be disregarded, and the deceased should be buried in a common Muslim graveyard, provided they were Muslim.
If the Will is for a Permissible Reason
◈ If there is no unlawful intention behind the will — for example:
- The deceased wanted to be buried in the city where they lived most of their life.
◈ Then it is permissible to fulfill this will.
Condition: No Waste of Wealth
◈ This is allowed only if fulfilling the will does not involve excessive expense.
◈ If fulfilling it requires significant expenditure, then it should not be carried out, because all land belonging to Muslims is the same in Shar‘i terms.
