Sharʿi Status of Bequests Regarding Funeral and Burial
Source: Fatāwā Amonpuri by Shaykh Ghulam Mustafa Zaheer Amonpuri
Question:
Is it permissible for a person to make a will concerning his funeral and burial?
Answer:
If the deceased makes a will stating, for example, that a certain person should lead his funeral prayer, or that he should be buried in a specific way, at a specific place, or makes certain requests regarding shrouding — then, if such instructions are in line with Sharʿi requirements, they are permissible and valid.
- ʿĀʾishah رضي الله عنها narrated that during his final illness, Abū Bakr رضي الله عنه asked about the Prophet’s ﷺ shroud and instructed that he too be shrouded in simple garments, saying:
“The living have more right to new clothes than the dead.”
(Ṣaḥīḥ al-Bukhārī 1387) - ʿUmar ibn al-Khaṭṭāb رضي الله عنه, in his final moments, sent a message through his son to ʿĀʾishah رضي الله عنها seeking permission to be buried beside the Prophet ﷺ and Abū Bakr رضي الله عنه. She consented, though she had initially reserved that spot for herself. He also instructed that after his death, permission be sought again before burial.
(Ṣaḥīḥ al-Bukhārī 1392) - Saʿd ibn Abī Waqqāṣ رضي الله عنه instructed:
“Prepare for me a laḥd (side niche) grave and place bricks over it as was done for the Messenger of Allah ﷺ.”
(Ṣaḥīḥ Muslim 966) - ʿAmr ibn al-ʿĀṣ رضي الله عنه willed:
“Stay around my grave for as long as it takes to slaughter and distribute the meat of a camel, so that I may feel comfort in your presence and prepare myself for answering the angels of my Lord.”
(Ṣaḥīḥ Muslim 121)
Conclusion
It is not necessary to carry out every single instruction of the deceased regarding funeral and burial. Instead, such bequests should be presented to the scholars:
- If the will contains anything contrary to Sharīʿah or impermissible, it should be ignored.
- If it is within Sharʿi bounds, it may be fulfilled.
Hādhā mā ʿindī wallāhu aʿlam bis-ṣawāb.
