When a Muslim dies in Northern Territory

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

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

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

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

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 Northern Territory 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

Who decidesIn New South Wales the senior next of kin is set by an order in the law, not chosen by the family: the spouse or de facto partner, then an adult child, then a parent, then an adult brother or sister. That person can nominate someone else to act for them. Ask the coroner’s office how it works in Northern Territory. Coroners Court of NSW, Senior next of kin

ObjectingIn most states and territories the senior next of kin can object, usually in writing, giving religious reasons. The time limits differ: Western Australia asks within 24 hours of receiving the coroner’s brochure, Victoria within 48 hours of the autopsy order. Coroners Court of Victoria, Forensic process ; Coroner’s Court of Western Australia, Objecting to a Post-Mortem Examination

If the coroner still orders itIn New South Wales, Victoria, Tasmania and the Northern Territory the senior next of kin then has 48 hours to apply to the Supreme Court. In Western Australia it is 2 clear working days. Coroners Court of NSW, Objecting to a post mortem ; NT Government, When an autopsy is ordered

Less invasiveCoroners in several states use CT scans, and New South Wales says the family’s religious and cultural needs are considered when choosing the type of examination. Coroners Court of NSW, Post mortem ; Coroner’s Court of Western Australia, Post-Mortem Examinations

Where you liveWho to contact, the time limits and the after-hours numbers differ by state and territory. See the notes for Northern Territory below. If they are not there, ask the coroner’s court in your state at once.

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 Northern Territory

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 Northern Territory, and what it needs

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

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

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 Northern Territory if you need them
Have copies certified by a Justice of the Peace
Keep a list of who has been sent a copy

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

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

Bereavement paymentA partner may get a lump-sum bereavement payment if both were getting an income support payment for at least the previous 12 months, or a pension. It is worked out over 14 weeks from the day of the death. Services Australia, What help there is when an adult dies ; Services Australia, Who to tell when someone dies

SuperSuper is paid by the fund’s trustee, not by the will alone. A binding nomination directs it; without one, the trustee chooses among the dependants or pays it to the executor. Contact each fund early. Australian Taxation Office, Superannuation death benefits

TaxThere is no inheritance tax in Australia. The executor may need to lodge a “date of death” tax return, on paper because myTax cannot be used, and should finalise tax before sharing out the estate. Australian Taxation Office, Doing a final tax return for the deceased person ; Australian Taxation Office, Checklist: what to do when someone dies

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 Northern Territory. 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

One thirdA bequest is limited to a third, and an heir cannot receive one. Ṣaḥīḥ al-Bukhārī 2742 ; Sunan Abī Dāwūd 2870 (ḥasan ṣaḥīḥ)

Small estatesA small estate may not need probate, but those holding its assets, including the ATO, may still ask for it. Settling an estate typically takes 6 to 12 months. Australian Taxation Office, Checklist: what to do when someone dies

Probate differsNew South Wales: apply within 6 months of the death unless there is a reasonable explanation. Victoria: advertise online at least 15 days before applying. The ACT: publish a notice 14 days to 3 months before filing. See the notes for Northern Territory. NSW Government, Get a grant of probate or letters of administration ; Supreme Court of Victoria, How to apply for a grant of probate or administration

Super and the sharesSuper that a fund trustee pays straight to a dependant does not pass through the will, so it may not follow the fixed shares unless it is paid to the estate. Ask a lawyer and a scholar how to bring it in line. Australian Taxation Office, Superannuation death benefits

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

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