Including Provisions for Your Islamic Funeral and Burial in Your Estate Plan

 Posted on June 29, 2025 in Estate Planning

Planning for your Islamic funeral and burial is essential for Muslims living in a society with diverse burial traditions. As part of a comprehensive estate plan, these provisions ensure your final rites are carried out in accordance with Islamic law, emphasizing humility, dignity, and expediency. 

In Illinois, you have the legal right to direct your own funeral and burial preferences. This means Muslims in this state can protect their right to an Islamic funeral using Illinois estate law. With the help of an experienced Oakbrook Terrace Islamic estate planning attorney, you can create a legally binding plan that honors your faith and relieves your loved ones of uncertainty during a difficult time.

What Are the Key Components of an Islamic Funeral?

Islamic law outlines funeral and burial practices. Including the following in your estate plan can help ensure your wishes are respected:

• No cremation, in keeping with the Islamic belief in the sanctity of the body

• Performance of ghusl before burial

• No decorative or metal casket to keep the tradition of a simple wooden box or no casket at all, if allowed by local law

• Burial at a Muslim cemetery or a section designated for Muslims

• Performance of the Janaza prayer at a masjid or Islamic center

• Burial to take place as soon after death as possible, ideally within 24 hours

• The body to be placed in the grave on its right side, facing the Qiblah

By clearly stating your wishes in your estate documents, you give your loved ones religious guidance and legal authority to act quickly and appropriately. Our attorneys are experienced in Islamic wills and trusts and can help you understand how to incorporate your plans in a way that is enforceable under Illinois law.

Can You Legally Include Funeral Instructions in an Illinois Estate Plan?

Statute 755 ILCS 60/5 allows individuals to name an agent with legal authority to control the disposition of their remains. You can designate a funeral agent in your health care power of attorney. Additionally, Illinois law respects written declarations of preference regarding burial arrangements. The appointed agent will follow your written instructions as long as they are lawful and do not impose an undue burden.

How Your Health Care Power of Attorney Supports Islamic Burial Wishes

In Illinois, your health care power of attorney (HCPOA) can play a critical role in ensuring your Islamic end-of-life and burial preferences are honored. Under 755 ILCS 45/4-10, a properly executed HCPOA allows you to appoint an agent to make medical and post-death decisions on your behalf if you become incapacitated. This agent can also be empowered to handle decisions related to the disposition of your body, including ensuring that your body is not cremated, that you are buried in a Muslim cemetery, and that the Janaza prayer is performed promptly. 

Contact an Oakbrook Terrace, IL Islamic Estate Planning Attorney Today

Your funeral and burial are more than just logistical matters. They are rooted in faith, and including detailed provisions in your estate plan ensures that your final rites are fulfilled according to Islamic values and protected under Illinois law. The DuPage County, IL Islamic estate planning lawyers at Farooqi & Husain Law Office are here to guide you through the sensitive and meaningful process. We have a broad understanding of Islamic family law and estate planning, providing us with a unique perspective to serve the Muslim community in our area. Contact us today at 630-909-9114 for a confidential consultation.