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Can I include funeral and burial instructions in my will?

You can, but you should not rely on it. Wills are frequently not read until after burial, and Islamic burial happens within a day.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

You can, but you should not rely on it. Wills are frequently not read until after burial, and Islamic burial happens within a day.

The Canadian position

Funeral directions in a will are generally not binding on the executor in most provinces, and practically they arrive too late to be acted on.

The Islamic position

Ghusl, kafan, salat al-janazah and prompt burial all happen within roughly twenty-four hours. A document opened a week later cannot govern them.

Researched — the schools differ

Hastening the burial is recommended, not obligatory, and no school lays down a 24-hour rule — that figure is a community convention, not a fiqh ruling. What the schools differ on is how serious a delay is: the Hanafi, Maliki and Hanbali schools call it disliked, the Shafi’i school forbidden. All four reverse the rule where death is not yet certain, and we found no school addressing a coroner’s investigation or a burial permit — a delay forced by Canadian law has no classical ruling of its own.

All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — How soon must a Muslim be buried?.

Related madhhab issue: Ghusl, kafan and salat al-janazah — who performs them?.

What to do about it

  1. Write burial wishes on a separate one-page document.
  2. Give copies to your spouse, your executor and your local masjid's funeral coordinator.
  3. Record whether you have a prepaid arrangement or a cemetery plot.
  4. Keep the will for the property; keep this for the first day.
Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Islamic primary sources
  1. Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
  2. Sahih Muslim, Book of Wills — Sunnah.com
Canadian legislation & government
  1. What to do when someone dies — Government of Ontario
Further reading — Treadstone Law
  1. Funeral wishes in will legally binding ontario — Treadstone Law
  2. Cremation vs burial instructions executor follow ontario — Treadstone Law
  3. Executor refuses honour funeral wishes remedy ontario — Treadstone Law
  4. Are funeral expenses paid first insolvent estate ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law