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What the law says in South Africa

7 rules

Notice of death and the burial order

Notice of the death must be given to Home Affairs within 72 hours, by a family member or someone the family appoints by letter, with the doctor’s notice of death (DHA-1663). The burial order can be issued by a designated person: a Home Affairs official, a police officer where Home Affairs has no office, or a funeral undertaker recognised by law. No burial may take place without it. The abridged death certificate is free on the same day. Department of Home Affairs, Death Registration; gov.za, Death certificate; Births and Deaths Registration Act 51 of 1992, s. 20

Unnatural deaths and the police

If a death may not be natural, the doctor must not sign the notice of death and must tell the police, who investigate under the Inquests Act. A district surgeon or another doctor examines the body. When it is no longer needed, a burial order can be issued without a cause of death. We found no rule letting a family refuse this on religious grounds, so ask early, in writing, for a quick release. Births and Deaths Registration Act 51 of 1992, ss. 15 to 17; Inquests Act 58 of 1959, s. 3

Release, timing and repatriation

We found no national time limit for burial; the burial order is the legal requirement. To bury abroad, the undertaker or embassy needs an export permit from the National Department of Health, issued within 2 working days when the papers are complete. The body is normally embalmed and sealed in an airtight container in a coffin; if embalming cannot be done for religious reasons, a statement from the relevant authority on the other method of preservation and safe transport must be included at once. National Department of Health, Approved Guidelines on Issuance of Human Remains Permits (2024)

Burial and cemeteries

In Cape Town, the City said in 2021 that Muslim burials at City cemeteries can take place until sunset at no extra charge, because of the duty to bury the same day. It listed Muslim allotments at eleven City cemeteries (Klip Road’s was full), and the grave must be paid for before the burial. Elsewhere, ask your burial society or the municipality. City of Cape Town media releases, 22 September 2021 and 14 January 2021

The Master and the estate

Report the estate to the Master of the High Court within 14 days of the death, for the area where the person was living 12 months before the death (ask the Master’s office to confirm), with a death notice and any original will. A spouse married by Muslim rites counts as a spouse for inheriting without a will; bring proof of the marriage from the Muslim Judicial Council or a similar body. Master of the High Court, Deceased estates; How to report an estate; Intestate succession

Small estates

Under R250,000, the Master may issue letters of authority instead of letters of executorship, with a shorter process. If there is no will and the estate is under R125,000, the magistrate’s office service point can deal with it. Master of the High Court, How to report an estate; Administration of Estates Act 66 of 1965, s. 18(3)

UIF and help with costs

If the deceased worked and paid into the Unemployment Insurance Fund, a spouse or life partner can claim the UIF death benefit at a labour centre within 18 months of the death. We found no state funeral grant on official pages. Vuk’uzenzele (government news), UIF death benefits, April 2022

From official sources, checked October 2026. Laws change; your funeral undertaker and an attorney can confirm them.

Where you are

South Africa has one national law for registering a death, unnatural deaths and estates, and this guide describes that national framework. Cemeteries are run by municipalities and by Muslim bodies, so burial times and grave rules differ by city. We have confirmed some City of Cape Town arrangements; elsewhere, ask your burial society or the municipality.

The steps

1. 1

   Have the death confirmed

   In the first hour · 0 of 5

   For a natural death, a doctor fills in the notice of death (form DHA-1663, also called BI-1663) with the cause of death. You need it to register the death and get the burial order.

   • In a hospital or care home, ask the staff for the notice of death
   • At home, call the family doctor
   • If the death was violent or not natural, call the police on 10111
   • For an ambulance, call 10177
   • 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 or the Muslim burial society

   In the first few hours · 0 of 3

   Muslim burial societies and mosques help with the washing, the shroud, the prayer and the burial, and know which undertaker to use.

   • Call the burial society, the mosque 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
4. 3

   If the death was not naturalPaperwork

   If the death was violent or sudden · 0 of 3

   If a death may not be natural, such as an accident, a violent death or a suicide, the doctor must not sign the notice of death and must tell the police, who investigate. A district surgeon or another doctor examines the body, and there can be no burial order until the doctor certifies that the body is no longer needed.

   • Ask the police officer for the case number and where the body has been taken
   • Tell them early, in writing, that the family needs a quick burial for religious reasons
   • Ask when the body will be released before fixing the burial time
5. 4

   Give notice of the death at Home AffairsPaperwork

   Within 72 hours · 0 of 5

   The death is reported to a designated person: an official at Home Affairs, a police officer where Home Affairs has no office, or a funeral undertaker recognised by law. They can issue the burial order. No burial may take place without it.

   • A family member, or someone the family appoints by letter, gives the notice
   • Ask your undertaker whether it can register the death and issue the burial order
   • Take the doctor’s notice of death (DHA-1663)
   • Collect the burial order and give it to the cemetery
   • Ask for the free abridged death certificate on the same day
6. 5

   Choose the funeral undertaker and the gravePaperwork

   Within the first day · 0 of 3

   Most Muslim families use a Muslim burial society or undertaker. Cemeteries are run by the municipality or by Muslim bodies, and each sets its own rules and fees.

   • Ask the burial society or undertaker for the full costs before you agree
   • Ask the cemetery for a grave in a Muslim section, and how to pay for it
   • Ask for no embalming
7. 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

8. 6

   The janazah prayer and the burial

   As soon as possible · 0 of 4

   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
   • Make sure the burial order is ready before the burial
   • Ask the burial society about the latest time it can bury

   How to pray the janazah prayer

9. and

   If the burial will be abroadPaperwork

   Before the coffin is closed · at the same time as the step above · 0 of 4

   Some families bury their dead in another country. An export permit is needed from the National Department of Health; the application comes with a cover letter from the funeral undertaker or the embassy. The estate usually pays, or the family if there is no money in it. Ask the funeral company what it costs and who signs before you agree. Check any insurance too.

   • Tell the undertaker early that the burial will be abroad
   • Call the embassy of the country early: it sets its own documents and conditions
   • If embalming is not to be done for religious reasons, say so at once
   • Check travel insurance and any funeral policy
10. 7

    Get copies of the death certificatePaperwork

    In the first weeks · 0 of 2

    The Master of the High Court needs a death certificate to report the estate. Ask each bank and insurer whether it needs one.

    • Collect the abridged certificate when the death is registered
    • Apply at Home Affairs for an unabridged certificate if one is asked for
11. 8

    Pay the funeral costs and list every debt

    In the first weeks · 0 of 4

    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
    • Claim on any burial society membership or funeral policy
    • List loans, bills and money owed to family
    • Ask a scholar about any unpaid zakat
12. and

    Find the will, and report the estate to the MasterPaperwork

    Within 14 days · at the same time as the step above · 0 of 4

    Every estate must be reported to the Master of the High Court within 14 days of the death, with a death notice and the original will if there is one.

    • Check papers at home, email, and with any attorney, bank or trust company
    • Report the estate to the Master for the area where the person was living 12 months before the death; ask the Master’s office to confirm which office
    • A spouse or life partner of a worker who paid into UIF: claim the death benefit at a labour centre
    • Secure the house and car, and keep the phone line active for sign-in codes
13. 9

    Settle and divide the estatePaperwork

    In the months after · 0 of 4

    The Master appoints the executor, who settles the estate. Ask an attorney early how to divide it by the Islamic shares.

    • Get letters of executorship, or letters of authority for a small estate
    • 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. 10

    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. 11

    Write your own Islamic will

    For those left behind · 0 of 5

    Without a valid will, South African law decides who inherits, not the fixed shares. South African law lets you decide in your will how your estate is divided, so an Islamic will can direct it by the shares.

    • Sign every page and the end, in front of 2 witnesses aged 14 or over
    • The witnesses sign the last page in front of you and each other
    • A witness, or the person who handwrote the will, or their husband or wife, must not be an heir or the executor
    • Keep the signed original safe: a copy is not a valid will
    • Ask an attorney whether anyone could claim maintenance from the estate

    Work out the Islamic shares to take to an attorney

Settling things after the funeral? Keep track of every task, and who is doing it. Sharing the steps with family? Make a family checklist you send as a link.

General guidance, not a fatwa or legal advice. South African law on registering a death, unnatural deaths and estates is national, but cemeteries are run by municipalities and Muslim bodies, so burial times and grave rules differ by city; your funeral undertaker and an attorney can confirm them. All sources

Last reviewed October 2026. Something wrong? Tell us