Is it considered forbidden not to bury a man in his wife's family cemetery and instead bury him in his own family's cemetery, contrary to his will?
If the graveyards are privately owned, it is not permissible to bury the deceased in them except with the owner's permission. The will would be invalid without it, and burying in someone else's property without their permission is forbidden. However, if the graveyards are endowed for the general Muslim public, then the will is valid. Nevertheless, the heirs are not obligated by Sharia to implement it, as it does not pertain to property. Rather, it is commendable for them to do so out of kindness to the deceased, if possible. Implementing a will to be buried in a specific place is an act of righteousness if that place has a virtue, such as the sacredness of the spot or proximity to family. However, one should not imitate the deceased in all their wishes; rather, they should be presented to scholars, and only what they permit should be implemented. As for transporting the deceased to another country, their will regarding this is not to be carried out, and the original ruling is that it is forbidden except for the blessing of the place, such as proximity to Mecca, Medina, or Jerusalem.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/89779
- Source platform
- Ftawy
- Original fatwa ID
- 89779
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy