Yes, and record whether it is already purchased. Put it with your advance care documents rather than only in the will.
The Canadian position
Yes, and record whether it is already purchased. Put it with your advance care documents rather than only in the will.
Provincial law governs the detail, so confirm the position where the estate will be administered.
The Islamic position
The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.
Where a Canadian instrument has no classical counterpart, treat it as a contemporary question for a qualified scholar.
On the cemetery the jurists agree, and the agreement carries its own exception. The Kuwaiti encyclopaedia records that they agreed it is forbidden to bury a Muslim in a cemetery of non-Muslims, and a non-Muslim in a Muslim one, except where necessity requires it — so a community with no Muslim ground is not outside the classical rule but inside its stated exception. Where the schools genuinely differ is on moving the body. The Maliki school is much the widest: it alone permits transport after burial, and among the purposes it names is digging up someone who accepted Islam and was buried in a non-Muslim cemetery so as to rebury him among Muslims. The Hanafi, Shafi’i and Hanbali schools bar transfer after burial — except that the Hanbalis allow exhumation to move a body to a better resting place. Reopening a grave at all is forbidden by agreement before the body decays unless there is a necessity or a lawful purpose.
All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — Must a Muslim be buried in a Muslim cemetery?.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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.
- What to do when someone dies — Government of Ontario
- Cremation vs burial instructions executor follow ontario — Treadstone Law
- Poa personal care incapacity already occurred ontario — Treadstone Law
- Wills & estates practice — Treadstone Law