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Who pays burial expenses of a Muslim?

Question

How can I insure that I will receive a proper Muslim burial that will be paid for in the event of my death without the aid of life insurance? My mother will respect my wishes but she is not a Muslim so she has no knowledge nor does she have the funds.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

Expenses of preparing the deceased for burial should be paid from his estate before dividing it. This takes precedence over all other rights such as paying off his debts, executing his will and the right of heirs.

If the deceased does not have any wealth, then preparing him for burial is the duty of the one who is obligated to spend on him (such as the father and the like), and if that one does not have enough money, then it must be done by the Muslim community as a whole.

What you can do is write a will so that the Islamic teachings regarding burying you should be followed and this is to be entrusted to Muslims in your country. In this way, you would be free from liability, Allaah willing. Punishment will befall the one who goes against that will. For more benefit, kindly refer to Fatwa 85432.

We would like to note that insurance on one’s life, if it is done by a commercial insurance company - as the question implies - then it is not permissible. Whoever participated in that form of insurance should repent to Allaah The Almighty and withdraw that subscription if possible and not take any money except the premiums that he/she had paid to the insurance company. For more benefit, please refer to Fatwa 81425.

Allaah Knows best.

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