When a Muslim dies in New South Wales

What the law says in New South Wales

Registering the death

If you use a funeral director, they usually register the death and apply for the death certificate. The registration is complete only when the Registry has matched the doctor’s certificate (or the coroner’s disposal order) with the Death Registration Statement. The pages we read give no deadline, so check with NSW Births, Deaths and Marriages. NSW BDM, Funeral directors; NSW Government, Get a death certificate

Registering the death

A funeral director can order a death certificate for the family only within 30 days of the registration. After that, the next of kin named on the certificate, the executor or a solicitor applies. NSW Government, Get a death certificate; NSW BDM, Funeral directors

The coroner and post-mortems

The coroner uses the least invasive examination needed, such as a records review, a CT scan or an external examination, and considers the family’s religious and cultural needs. The senior next of kin is told before any examination and can object. Coroners Court of NSW, Post mortem

The coroner and post-mortems

To object, the senior next of kin writes to the coroner giving reasons, including religious beliefs; for Lidcombe, email [email protected] with the subject “OBJECTION TO POST MORTEM”. If the coroner still requires the post-mortem, you are given notice and have 48 hours to apply to the Supreme Court. Coroners Court of NSW, Objecting to a post mortem; Coroners Act 2009 (NSW), s 96(1), as cited by the court

Release for burial

Do not confirm a date for the funeral until the coroner has decided about any post-mortem. There is no legal requirement in New South Wales to use a funeral director. NSW Government, A guide to arranging a funeral; Coroners Court of NSW, Objecting to a post mortem

Burial

A coffin is required unless NSW Health approves burial without one, and the family’s religious practice is a stated consideration. Conditions include a cloth wrap that prevents leakage, preparation in a mortuary registered with NSW Health, the cemetery’s agreement and a name plate in the grave. Apply through your local public health unit on 1300 066 055. NSW Health, Burial without a coffin; Public Health Regulation 2022, s 89, as cited by NSW Health

Burial

Some cemeteries already have an arrangement for certain community or religious groups, so ask the cemetery first: you may not need your own approval. A coffin is still used until the body is placed in the grave. Cemeteries & Crematoria NSW, Burial without a conventional coffin (fact sheet, 17 June 2026)

Burial

Rookwood General Cemetery has Muslim lawn sections 7 and 8. To buy a plot there, the family goes through a funeral director from the Islamic community. Metropolitan Memorial Parks (cemetery operator), Rookwood Muslim lawn 7 & 8

Probate and the estate

Apply to the Supreme Court for probate (with a will) or letters of administration (without one) within 6 months of the death, unless there is a reasonable explanation for the delay. A probate notice must be published first. NSW Government, Get a grant of probate or letters of administration

Small estates

You may not need probate if all the assets were jointly owned with one person, or if the total does not exceed a certain amount. The page gives no figure, so ask each bank what it needs, and ask a lawyer whether jointly owned assets were held in a way that passes to the survivor. NSW Government, Get a grant of probate or letters of administration

Services Australia and benefits

Tell Services Australia within 28 days: call the Older Australians line and say someone died, send the Advice of death form (SA116), or visit a service centre. The free Australian Death Notification Service tells many organisations at once. A surviving partner may get a lump-sum bereavement payment if both were on an income support payment for at least the previous 12 months, or a pension. Services Australia, Who to tell when someone dies; What help there is when an adult dies

From official sources, checked October 2026. Laws change; your funeral director and a lawyer can confirm them.

The steps

1. 1

   Have the death confirmed

   In the first hour · 0 of 4

   The death has to be verified before anything else can happen. This is usually done by a doctor; in New South Wales a nurse, midwife or paramedic can do it when no doctor is available. A doctor separately certifies the cause of death, unless the death goes to the coroner.

   • In a hospital, hospice or aged care home, the staff arrange for the death to be verified
   • At home and expected, call their doctor
   • At home and unexpected, call 000
   • Tell the staff early that the family needs a quick burial for religious reasons
2. and

   Close the eyes, cover the body, make duʿā

   In the first hour · at the same time as the step above · 0 of 4

   Gently and without hurry. Those present can do this while the calls are made.

   • Close the eyes and the mouth
   • Straighten the arms and legs
   • Cover the body with a clean sheet
   • Pray for them, and say only good
3. 2

   Call the mosque’s funeral service

   In the first few hours · 0 of 3

   Many mosques and Islamic societies run a funeral service. They arrange the washing, the shroud, the prayer and the burial, and help with the paperwork.

   • Call the mosque’s funeral service or the imam
   • Tell them where the body is and who the next of kin is
   • Agree a time for the ghusl and the janazah prayer

   Find a Muslim funeral service

4. 3

   The doctor certifies the cause of deathPaperwork

   In the first day · 0 of 4

   A doctor completes a Medical Certificate of Cause of Death (MCCD). It goes to the funeral director, or whoever is arranging the burial, and is needed to register the death. If the death has to be reported to the coroner, the coroner deals with it instead.

   • Tell the doctor that the family needs a quick burial for religious reasons
   • Give them a phone number that will be answered
   • Ask who the certificate will be sent to
   • Ask any questions you have about the cause of death
5. 4

   Ask whether the coroner is involvedPaperwork

   If the death was sudden · 0 of 5

   If the death was sudden, unexpected or unexplained, it is reported to the coroner, usually through the police. The coroner decides when to release the body, and may order a post-mortem (autopsy), which can delay the burial.

   • Ask the hospital or police whether the death has gone to the coroner
   • Tell the police officer or the coroner’s office at once that the family needs a quick burial and objects to an autopsy for religious reasons
   • Ask the coroner’s office who counts as the senior next of kin in New South Wales and what the time limit is: only that person can object, so they should do it at once
   • Ask whether a CT scan or an external examination can be used instead of an internal post-mortem
   • Do not fix a time for the janazah until the coroner confirms when the body will be released
6. 5

   Register the deathPaperwork

   Usually after the burial · 0 of 4

   Every death must be registered with the Births, Deaths and Marriages registry in your state or territory. If you use a funeral director, they usually register it for you, using the doctor’s certificate (or the coroner’s papers) and the details the family gives them.

   • Give the funeral director the personal details they ask for, and check them carefully
   • Ask them to register the death and order the death certificate
   • If no funeral director is involved, contact the registry to register the death yourself
   • Ask the funeral director or the registry what the deadline is in New South Wales
7. 6

   Arrange the funeral service and the gravePaperwork

   Within the first day · 0 of 4

   The mosque’s service or a Muslim funeral director usually collects the body and arranges the grave with the cemetery.

   • Confirm the body can be washed by Muslims at their premises
   • Ask for no embalming and no viewing
   • Ask the cemetery about its Muslim section
   • Ask the cemetery whether burial in the shroud without a coffin is allowed in New South Wales, and what it needs
8. and

   Wash and shroud the body

   Within the first day · at the same time as the step above · 0 of 2

   Done by trained Muslims of the same sex, or by the spouse. The funeral service usually provides the cloth.

   • Confirm who will wash
   • Confirm the kafan is ready

   How the washing and shroud are done

9. 7

   The janazah prayer and the burial

   As soon as possible · 0 of 3

   The prayer is often held after one of the daily prayers, and the burial follows straight after.

   • Tell family and community the time of the prayer
   • Confirm the grave in a Muslim cemetery or Muslim section
   • Ask the price of the grave and the burial fee

   How to pray the janazah prayer

10. 8

    Get copies of the death certificatePaperwork

    In the first weeks · 0 of 4

    Banks, super funds, insurers and Services Australia will each want proof of death. The certificate comes from the registry once the death is registered.

    • Ask the funeral director to order the death certificate when they register the death
    • Order more from the registry in New South Wales if you need them
    • Have copies certified by a Justice of the Peace
    • Keep a list of who has been sent a copy
11. 9

    Pay the funeral costs and list every debt

    In the first weeks · 0 of 3

    The funeral is paid from the estate first, then the debts. Nothing is inherited until both are settled.

    • Pay the funeral costs from the estate
    • List loans, bills and money owed to family
    • Ask a scholar about any unpaid zakat
12. and

    Find the will, and tell Services AustraliaPaperwork

    In the first weeks · at the same time as the step above · 0 of 5

    The executor named in the will leads what follows. Services Australia, the tax office and any super fund each need to be told.

    • Check papers at home, email, and with any lawyer
    • Tell Services Australia within 28 days: by phone, with the Advice of death form (SA116), or at a service centre
    • Use the free Australian Death Notification Service to tell many organisations at once
    • Phone the ATO, and find out which super funds held their super
    • Secure the house and car, and keep the phone line active for sign-in codes
13. 10

    Settle and divide the estatePaperwork

    In the months after · 0 of 4

    Probate is handled by the Supreme Court of your state or territory, so the steps depend on New South Wales. A small estate may need no grant, but a bank or the ATO may still ask for one.

    • Apply for probate or letters of administration if the estate needs it
    • Close accounts and cancel subscriptions
    • Pay any bequest, up to one third, to people who are not heirs
    • Divide the rest by the fixed shares

    See how the estate divides

14. 11

    Look after the family

    Four months and ten days · 0 of 3

    A woman keeps the prescribed mourning (iḥdād: setting aside adornment and perfume) for no more than three days for any death, except for her husband: then four months and ten days, the length of her ʿiddah, or until she gives birth if she is pregnant.

    • Bring food and help with the household
    • Help the widow with errands and appointments
    • Make duʿā for the one who has died

    What to say and do when you visit

15. 12

    Write your own Islamic will

    For those left behind · 0 of 4

    Without a valid will, the law of your state or territory decides who inherits, not the fixed shares. An Islamic will is an ordinary will that directs the estate by the shares.

    • Follow your state’s signing rules: in New South Wales, 2 adult witnesses present when you sign
    • Do not leave anything to a witness
    • Ask your super fund about a binding nomination, since super does not follow the will by itself
    • Ask a lawyer who writes Islamic wills

    Draft the shares to take to a lawyer

Settling things after the funeral? Keep track of every task, and who is doing it.

General guidance, not a fatwa or legal advice. Rules on registering a death, burial and estates differ between states and territories; your funeral director and a lawyer can confirm them. All sources

Last reviewed October 2026. Something wrong? Tell us