1. Will and Estate Planning
2. When a Person is Near Death
3. Role of close Family and Friends
4. Advance Preparation
5. Funeral Homes
6. Cemetery List
7. Cost of Funeral and Burial
8. Essentials of Funeral
9. Things Recommended to Avoid
10. Idah Period for the (Wife of deceased)
11. After Death

• Seek to pay out any outstanding debts
• Ask for forgiveness from family friends and acquaintances
• Assign someone as trustee to execute funeral arrangements
• Assign someone as trustee to execute condition of the will
• Remember Allah asking His forgiveness

Close family and friends should try to support and comfort the dying person through supplication and remembrance of Allah.

Encourage and help him or her to recite the Shahada.

It was narrated that Muâaadh ibn Jabal (may Allaah be pleased with him) said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “If a person’s last words are Laa Ilaaha ill-Allaah, Paradise will be guaranteed for him.” Narrated by Ahmad, 21529; Abu Dawood, 3116; classed as saheeh by al-Albaani in Irwaâ al-Ghaleel, 687.

The dying person should not be bothered with repeated requests to say Shahada if he has said it and does not say anything after that.

Upon death, the eye lids are to be closed, the body should be covered, and preparation for burial takes place as soon as possible. The whole body is washed and wrapped in a shroud. Muslims gather, and a prayer is performed for the dead. The body is to be buried soon after the prayer. The wrapped body is to be laid directly at the bottom of the dug grave. The body is to be laid on its right side facing the direction of Makkah. A ceiling is attached to the grave and then covered with dirt. The grave is to be marked by raising its top level of dirt above surrounding grounds. A stone may be used to mark its location, but no writings are allowed. Buildings or other forms of structures are not allowed on top of the grave.

The family of the deceased has a responsibility to fulfill any debts he had as soon as possible. They have the commitment to maintain contacts and courteous relationships with close relatives and close friends. They frequently pray and supplicate for him. Charity, fasting, prayers, and pilgrimage are often performed on behalf of the deceased. Visiting the graves is recommended for the living to remember death and the Day of Judgment.

• When a Muslim passes away, it is a collective obligation (Fard-e-kifaya) of that particular Muslim community to arrange and participate in the funeral services for the deceased. Though only some members of the community may fulfill this obligation on behalf of the rest, the entire community would be held to account if none did it. This is a right of a Muslim even after death.

The funeral procedure consists of four major steps:

1. Ghusl (washing the body)
   2. Kafan (wrapping the body in white shrouds)
   3. Salat-ul Janazah (Funeral Prayer)
   4. Dafn (Burial)

Practices that should be avoided

• No reading of the Quran or Zikr (Remembrance of Allah) during the ghusl.
• Unless necessary, funeral services are prohibited during sunrise/sunset/noon.
• It is prohibited to build any kind of structure on top of the grave.
• It is prohibited to cremate the body.
• It is prohibited for non-mehrum to view the face of deceased Muslim women
• Unless required by law, autopsy is prohibited and should be avoided.
• Every effort should be made to bury the body as quickly as possible in a local cemetery.

There are no Islamic teaching to:

• Transfer the body to another country.
• Reveal the face of the body in the grave.
• Shout with any special zikr during and after the burial.
• Read the Quran in the cemetery.
• Place any flowers or water around the grave.
• Wear black clothes.
• Deliver eulogies.

For a Muslim woman, who has lost her husband, the iddah period is four (lunar) months and ten days. If she is pregnant, the iddah ends at the delivery. During this period it is recommended for her to stay in her home and she may leave only when it is absolutely necessary (e.g., medical or other emergency or necessary chores that need her attendance). Family and friends are to take care of the widow during this period of Iddah

It is a trial time to handle the death of a family member. Often the next of kin or friends find themselves lost asking themselves “What do I need to do now”? We have prepared a check list that will be of assistance

HANDLING OF FINANCES AND ASSETS

• Contact the Social Security Administration and any other government agencies or benefit program that may be making payments to the deceased. (Note that the payment for the month of death will not be made by the Social Security Administration and others.)
• Review the deceased’s financial affairs and look for any estate planning documents, such as wills and trusts, along with any other relevant documents, including:
• Funeral and Burial Plans
• Bank statements, checkbooks, similar documents
• Safety Deposit Box Agreements and keys
• Stocks, bonds or mutual fund documents
• Life Insurance Policies;
• Trust documents
• Pension-retirement benefits
• Old tax returns
• Marriage, birth and death certificates
• Divorce documentation (If divorced)
• Computer records regarding books of a business or personal assets
• Titles to motor vehicles
• Rental documents (leases)
• Any documentation regarding business ownership, partnership or other business interests
• Health Insurance, claims for the final illness and
• Unpaid bills.
• Open a bank account for the estate of the deceased. This should be done early on and all receipts and disbursements should be recorded in that bank account, in order to account properly for the assets of the deceased and the expenses of administration.
• Probate is a process similar to that of accounting. The personal representative is responsible for collecting the assets and reporting to the court as to the amount of assets in the estate of the deceased. The personal representative then assembles the assets and, after paying debts, expenses and taxes, distributes the assets according to the wishes of the deceased. If the deceased left no will, the process of administration is essentially the same, except that state law determines to whom the assets are distributed. If everything is done correctly, eventually, after the personal representative has accounted for and distributed the assets, the personal representative is discharged.
• Make an inventory of household goods, personal belongings and the like, in order that they can be accounted for and properly distributed.
• Look for insurance policies or annuities which may continue for other family members and other assets. Contact the insurer with respect to any current policies or annuities…
• Determine if the deceased owned any securities, stocks, bonds, mutual funds, etc.
• Retirement Plans, IRA accounts and similar retirement benefits involve important choices which need to be made by certain beneficiaries, particularly in regard to IRA accounts under recent IRS regulations. If there are annuities, pension and profit sharing plans and interest of that type, they may provide for joint payment to a surviving spouse or others.
• If, after the appointment of a personal representative, a bank account or safe deposit box is found, then the assets in the bank account or safe deposit box need to be distributed according to the wishes of the deceased’s written will or the Islamic way. This is done after paying any outstanding debt, taxes and funeral and burial costs.
• The income taxes of the deceased for the year of death need to be filed, and any tax due must be paid. If there is a surviving spouse, the surviving spouse and deceased can file a joint return for the year of death.
• In handling the affairs of a deceased, consider that as amanah (trust). Please be extremely careful in deciding upon the asset or financial estate distribution. Be deliberate and do not be hasty with decisions or distributions. The death of someone (particularly a family member or friend) is stressful, and often if there are children of the deceased around during the course of the final illness,

WILL

• If there is a will, take the will to the appropriate county or city office to have it accepted for probate.
• Administering the Will – If the will is properly drawn, it will name a personal representative (also known as executor or executrix). The personal representative, who can be an individual, a group of individuals or one or more institutions, or a combination of the aforementioned, will be responsible for the administration of the estate of the deceased.
• If there is no will then the family should try to distribute the assets according to the Islamic way. (The family is encouraged to contact a scholar and Muslim estate planner to assist. If no effort is made and there are sufficient assets to probate (typically, at least $15,000 or more), then the court will appoint an administrator and the assets of the deceased will be distributed according to state law. This situation is referred to by some as having the state write a will for you. All states have a set of laws relating to intestate succession (transfer of property after dying without a will), and the states decide who gets which assets if someone dies without a will.
• Parents with children under the age of 18 must mention, who they can trust to take care of their children if they die before them reaching adulthood.

MINOR CHILDREN LEFT BEHIND

If there are minor children under the age of 18 years and the will provides for a guardian, then the guardian needs to be informed and the children need to be placed in the care of the guardian. If there are minor children and no guardian is appointed, or if there is no will, then based on the state laws the court will appoint a guardian.

GOOD ADVICE FROM LAWYERS

• Make sure to have a living will for you and adult family members.
• Be wary of people who prey upon families of the deceased. People may make unfounded claims against the deceased. Do not accept the claims of unknown individuals that lack documentation. In case of doubt, consult a lawyer.