The starting point is that no one can own a body as it is not considered “property” (save if the body has undergone a process that has given it a value such as. embalming or being the subject of medical research but ordinarily this would not be the case). Although no one can own a body, some specific individuals are “responsible” for the body and can therefore take possession of it.

When someone passes away, their loved ones have to deal with practical matters, one of which is organising an Islamic funeral. To avoid disputes and potential delays in burial, it’s important to put your wishes in writing. In some cases, when a person has converted to a different religion, there may be disagreement between parties over the proper religious rites to perform for burial. This can make it difficult for both sides to agree.

The responsibility would fall on the individuals listed in the following order of priority:

• the surviving husband or wife;
• the children of the deceased and grandchildren;
• the mother and father of the deceased;
• blood-related brothers and sisters, and niece or nephew in the case of a deceased sibling;
• grandparents;
• blood-related uncles and aunts and cousins in the case of a deceased uncle or aunt.

If the deceased had no remaining blood relations, then the responsibility would fall on the individual(s) who had an interest in the deceased’s estate.

This Formal Declaration of Instructions to Be Strictly Followed Upon My Death sets out personal wishes regarding funeral and burial arrangements. It is intended to guide executor, trustees, or any individual responsible for managing affairs, ensuring that your preferences are honoured with accuracy, dignity, and respect.

A copy of this declaration should ideally be retained alongside the will for ease of reference. “Together, these documents provide essential clarity, offering those entrusted with your affairs a clear understanding of your intentions. They serve to support decision‑making with compassion, reduce uncertainty, and help the family and representatives carry out your wishes in a manner consistent with your values.

Guidance for Wider Awareness – Especially for Reverts and Those in Mixed‑Faith Marriages

Sister Ayeisha Khandia of Fountain Solicitors has recently handled several sensitive cases involving reverts and individuals in mixed‑faith marriages who passed away without a will or any written burial instructions. In each situation, the non‑Muslim family requested a non‑Islamic funeral, and in some cases even cremation.

She fought tirelessly on behalf of the deceased, and alhamdulillah, each individual was ultimately laid to rest according to Islamic rites. However, these cases should never have reached the point of legal dispute.

Two things worth knowing:

1. This is a declaration of wishes, not a will. It works best alongside a proper Islamic will, and it carries far more weight if you have named a Muslim executor.
2. Tell people it exists. A document nobody knows about does nothing.

Please pass this on. Ten minutes now saves someone else a court battle later.

Note for Imaam Scholars and Chaplains

We kindly advise that this information is also shared with Imams and community members who are performing Islamic Nikah and Shahadah, as well as with the hospital chaplain. This will ensure they are fully aware and able to advise families and individuals accordingly.

Attached is a Declaration of Instructions for Muslim burial. It covers ghusl, kafn, janazah, dafn, no cremation, no embalming, and who should be contacted.

Fill it in, sign it, get it witnessed, and give copies to at least two people who will act on it. Keep one with your important documents.