Who decides the funeral if a Muslim’s family is not Muslim?

In more detail

• A friend or the masjid

  A friend or a masjid has no right of its own unless it was named. Some laws let a friend, a volunteer or a religious organisation act, but only after the relatives: for example Illinois, Florida and the District of Columbia.

  Disposition of Remains Act, 755 ILCS 65/5 and 65/40 · Fla. Stat. § 497.005 ("legally authorized person"); § 732.804 · D.C. Code § 3-413

• Name someone the law will listen to

  In most US states that is a signed form naming a funeral agent. Choose a Muslim friend or relative who will do it, ask them first, and give them a copy. Some deadlines are short: in Virginia, a designation must reach the funeral home within 48 hours after it receives the body.

  Who decides, state by state

  Va. Code §§ 54.1-2825, 54.1-2800 ("next of kin"), 54.1-2807.02

• Written wishes

  Say plainly: a Muslim washing and shroud, the janazah prayer, burial and no cremation, no embalming unless the law requires it. In some places written wishes bind the person in charge, often with conditions; elsewhere they still guide them. In Arizona, known wishes must be followed if reasonable and not an economic or emotional hardship.

  Write your janazah wishes

  Ṣaḥīḥ al-Bukhārī 2738 · A.R.S. §§ 36-831, 36-831.01

• A pre-need plan or burial fund

  A pre-need contract with a provider that does Muslim burials, or membership of a burial fund, is strong evidence of what you wanted. In some places your family cannot cancel a prepaid plan, for example Georgia, Oregon and Washington.

  O.C.G.A. § 31-21-7 (FindLaw copy; official code is behind a commercial publisher) · ORS 97.130 · RCW 68.50.160

• If there is a dispute

  Disputes go to court, so call a lawyer at once. In Pennsylvania, a petition asking the court to set aside the spouse’s or next of kin’s authority must be filed within 48 hours of the death.

  20 Pa.C.S. § 305