Time is of the essence

BismillahirRahmanirRahim
Assalaamu alaykum

I pray that you are well.

The other day an Iman/Shaykh called me seeking advice regarding a situation concerning a Muslim brother who has passed away and his non-Muslim widow refused a Muslim funeral and burial. She actually wanted to cremate him. I told him that the only way to prevent her is through a court order, which would be almost an impossible task to get one given the holidays and time is of the essence. It would be very difficult to find an attorney to take the case at this late juncture and I can't help as I am not well.

This situation could have been avoided if the deceased has Will and burial instructions. This is indeed a great lesson for everyone in US who does not have a Will and burial instructions set up especially those who are married to non-Muslims. My advice to you who fit this category is that after you finish reading this email, take a blank piece of paper and hand write your Will (write a very basic one for now--e.g. appoint an executor to execute your will, appoint a guardian for your children, burial instructions, simple distribution of your property), sign and date this document. This is what we called "holographic will" and it is valid in California. It is important that this Will be handwritten by you (i.e. nothing should be typed), sign and date by you. Then, immediately make an appointment to consult an attorney to make a comprehensive Will/Trust. Make a few copies of your will, put in a sealed envelope and distribute to the named executor and the guardian. Put the original will in a sealed envelop and lodge it with someone you trust or if you have a safe deposit box at the bank, lodge it there. Place a copy of the Will with your other important papers. It is best to inform your masjid imam about your burial instructions already in place. Know about Islamic inheritance law so your comprehensive Will conform to the Islamic shari'ah. Every souls will taste death and death will come sooner than we think, so don't put this off even a moment.

Ibn ‘Umar, Allah be pleased with him, reported that the Prophet, Allah bless him and grant him peace, said: “It is not rightful for a Muslim person, if he has anything to bequeath, that he sleeps two consecutive nights without having his will written with him.”

“…when death approaches any of you and he is leaving wealth, that he makes fair bequests to parents and next of kin…” Qur’an 2:180

Ibn Mas’ud and Abu Burazah, Allah be pleased with them both, reported that Allah’s Messenger, Allah bless him and grant him peace, said:
“A human being’s feet will not depart from before his Lord, on the Day of Resurrection, until he is questioned about 5 things:
1. His lifetime—how did he consume it?
2. His youth and body—how did he use it?
3. His wealth—how did he earn it?
4. And how did he spend it?
5. His knowledge—what did he do with what he knew?
Note: Allah asked two things with regard to our wealth which means we should pay particular attention to it.

May Allah grant us good in this world and the Hereafter. Ameen.

And Allah knows best.
Wassalaam