Generally the executor named in the will, or the closest next of kin where there is none. Written instructions carry substantial weight in practice.
The Canadian position
Funeral directions in a will are often not legally binding and arrive too late anyway.
Disputes about burial are decided quickly by courts when they arise, but the process is distressing.
The Islamic position
Where a family includes non-Muslims who may be deciding, written instructions given to them now are essential.
Do not leave burial method to be inferred.
The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.
General information, not legal or religious advice. Inheritance depends entirely on the exact family circumstances. Confirm the Canadian position with a lawyer in your province and any religious ruling with a qualified scholar.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- What to do when someone dies — Government of Ontario
- Canadian Legal Information Institute — CanLII
- Deceased social media accounts what to do ontario — Treadstone Law
- Buy out deceased partners estate instead of them ontario — Treadstone Law
- Tfsa after death tax implications — Treadstone Law
- Social media accounts after death ontario — Treadstone Law
- Accessing cra account for a deceased person ontario — Treadstone Law
- How soon after death apply probate ontario — Treadstone Law
- Wills & estates practice — Treadstone Law