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إِنَّا لِلَّهِ وَإِنَّآ إِلَيْهِ رَٰجِعُونَ

Innā lillāhi wa innā ilayhi rājiʿūn. Indeed we belong to Allah, and indeed to Him we will return. Qurʾān, al-Baqarah 2:156

We are sorry. Here is what happens next.

As soon as you can, call your masjid’s funeral committee.They will arrange the washing, the shroud, the prayer and the burial, and tell you which funeral company to use.

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You do not have to do this alone, or all at once. Your masjid has done this many times. Follow the steps in order, and open each one when you reach it.

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Ink drawing of a folded white cloth on a wooden bench beside a sprig of red sidr leaves.

What the law says in Spain

7 rules
Registering the death
Every death must be recorded at the Civil Registry (Registro Civil), which then issues the burial licence. A hospital sends each death and the medical certificate to the registry electronically. Outside a hospital, the doctor who certified the death and the relatives must report it as soon as possible; the funeral company usually does this with the family’s authority. Ley 20/2011, de 21 de julio, del Registro Civil, arts. 62 to 67
The duty court and autopsy
In a violent or suspicious death the duty court (juzgado de guardia) takes charge with a forensic doctor. The law says an autopsy is carried out, but the judge may decide against one when the forensic doctor can establish both the cause and the relevant circumstances of death without it. The burial licence is issued only when the court authorises it, so ask the court early, in writing, for a quick release for religious reasons. Ley de Enjuiciamiento Criminal, arts. 340, 343 and 778.4; Ley 20/2011, del Registro Civil, art. 67.2
Burial deadlines and repatriation
Burial deadlines are set by each autonomous community. Andalucía: no sooner than 24 and no later than 48 hours, but the 48 hours do not apply to refrigerated, frozen, embalmed or preserved bodies, and an autopsy allows earlier burial. Madrid: 24 to 48 hours, except when a court is involved. Comunitat Valenciana: 24 to 48 hours, earlier after an autopsy, with refrigeration (up to 48 hours) or freezing (up to 96 hours) not counted. Cataluña: temporary preservation is needed for burial after 48 hours (72 hours if a court is involved), with refrigeration or freezing not counted. Elsewhere, and to work out your deadline, ask the funeral company. Andalucía, Decreto 95/2001, art. 21; Madrid, Decreto 124/1997, art. 22; Comunitat Valenciana, Decreto 39/2005, art. 12; Cataluña, Decret 297/1997, arts. 11.2 and 35.1
Burial deadlines and repatriation
To bury abroad, the funeral company asks the state’s Foreign Health Service (Sanidad Exterior) of the province. For most destinations the body must be embalmed or given temporary preservation and placed in a coffin fit for international transport; agreements with France and Portugal remove the embalming requirement by road. For a country outside the Berlin and Strasbourg agreements, that country’s consulate in Spain must first authorise entry, so call it early. Ministerio de Sanidad, Traslado internacional de cadáveres y restos cadavéricos
Burial, coffins and Muslim plots
The 1992 agreement with the Islamic Commission of Spain gives Islamic communities the right to plots set aside for Muslim burial in municipal cemeteries, and to their own cemeteries, but not every town has one. Burial without a coffin depends on the community: in Andalucía the town hall can allow it on the family’s request for religious reasons, only for a body not from one of the listed infectious or radioactive risks (“Group 2”), and the body still travels in a coffin. We have not found that Madrid allows it, and Cataluña’s rules allowing it are still a draft. Ask the town hall before planning a burial without a coffin. Ley 26/1992, art. 2.5; Andalucía, Decreto 95/2001, arts. 4 and 21.4; Defensor del Pueblo, recommendation of 31 January 2024; CTESC, Dictamen 09/2026
The notary and the estate
Under the common Civil Code two thirds of the estate are reserved to the children, and a surviving spouse who inherits alongside descendants has a life interest in one third. Some regions have their own civil law that differs, so ask a notary which law applies and whether the estate can be divided by the Islamic shares. Without a will, the heirs ask a notary for a declaration of heirs. The inheritance tax return is due within 6 months of the death. Código Civil, arts. 13.2, 806 to 808 and 834; Ley del Notariado, art. 55; Real Decreto 1629/1991, art. 67
Social Security death grant
The Social Security pays a death grant (auxilio por defunción) of €46.50 to whoever paid for the funeral, if at the death the deceased was in active insured status (en alta) or an equivalent status, or on a contributory retirement or permanent disability pension. Claim within 5 years, and ask the Social Security to confirm eligibility. Seguridad Social, Auxilio por defunción; Ley General de la Seguridad Social, art. 218

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

Where you are

Registering a death, the courts, wills and estates follow national law in Spain, and this guide describes that framework. Burial deadlines and the coffin rule are set by each autonomous community. We have checked Andalucía, Cataluña, the Comunidad de Madrid and the Comunitat Valenciana; elsewhere, ask the funeral company or the town hall. Some communities also have their own civil law on inheritance.

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The steps

  1. Have the death confirmed

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    A doctor has to confirm the death and sign the medical death certificate (certificado médico de defunción). Nothing can be registered without it, and the death must be registered before there can be a burial.

  2. 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.

  3. Call the mosque’s funeral service

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    Many mosques and Islamic communities help with the washing, the shroud, the prayer and the burial, and know which funeral company (funeraria) to use and where there is a Muslim plot.

  4. Ask whether the duty court is involvedPaperwork

    If the death was sudden or violent · 0 of 3

    If the death was violent or suspicious, the duty court (juzgado de guardia) takes charge with a forensic doctor (médico forense). The body usually goes to the Institute of Legal Medicine, and there can be no burial until the court allows it.

  5. Register the death at the Civil RegistryPaperwork

    As soon as possible · 0 of 3

    Every death must be recorded at the Civil Registry (Registro Civil). Once it is recorded, the registry issues the licence for burial (licencia de enterramiento). In practice the hospital or the funeral company sends the papers.

  6. Choose the funeral company and the gravePaperwork

    Within the first day · 0 of 4

    The funeral company (funeraria) collects the body, provides the coffin and handles most of the paperwork. Whether a Muslim may be buried in the shroud without a coffin depends on the autonomous community and the cemetery.

  7. 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.

    How the washing and shroud are done

  8. 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.

    How to pray the janazah prayer

  9. If the burial will be abroadPaperwork

    Before the coffin is closed · at the same time as the step above · 0 of 3

    Some families bury their dead in another country, for example in Morocco. The funeral company does the paperwork with the state’s Foreign Health Service (Sanidad Exterior). 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.

  10. Get death certificatesPaperwork

    In the first week · 0 of 2

    Banks, insurers, the Social Security and the notary may ask for a death certificate (certificado de defunción) from the Civil Registry. Ask each what proof it needs.

  11. Pay the funeral costs and list every debt

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

  12. Find the will, and claim the death grantPaperwork

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

    In Spain a notary (notario) usually settles the estate. First find out whether there is a will and any life insurance, and tell the Social Security.

  13. Settle and divide the estatePaperwork

    In the months after · 0 of 4

    Under the common Civil Code, two thirds of the estate are reserved to the children, and some regions have their own civil law that differs. A notary can tell you which law applies. Ask the notary early whether and how the estate can be divided by the Islamic shares.

    See how the estate divides

  14. 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.

    What to say and do when you visit

  15. Write your own Islamic will

    For those left behind · 0 of 4

    Without a valid will, Spanish law decides who inherits, not the fixed shares, and under the Civil Code the children inherit in equal parts. An Islamic will in Spain is an ordinary Spanish will that directs the estate by the shares, within the part the law leaves free.

    Work out the Islamic shares to take to a notary

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. Mortuary health rules in Spain are made by each of the autonomous communities, so burial deadlines and the coffin rule differ by community, and some regions have their own inheritance law; your funeral company and a notary can confirm them. All sources

Last reviewed October 2026. Something wrong? Tell us

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