Ruling on Acting upon a Will Regarding Burial Location

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.