ADVICE FOR BEREAVED MUSLIM FAMILIES IN ENGLAND & WALES

It is advisable to attend to the following matters during life and whilst you have mental capacity:-

  1. Lasting Power of Attorney (LPA).
  2. Will.
  3. Your decision in relation to organ donation.
  4. Passport, visa cards etc.
  5. Financial arrangements for funeral costs.

Lasting Power of Attorney

It is vital to have a LPA in place if you feel that there is a risk that you may lose mental capacity or if you feel that you are no longer able to cope with dealing with your affairs yourself.  There are two types of LPA:

  1. LPA – Property and Financial Affairs. 

This allows you to appoint someone to deal with your financial affairs, such as paying bills, writing cheques and managing your accounts.  This LPA does not mean that you would lose control over your affairs and you can provide your Attorneys with guidance and restrictions. You would still be able to deal with matters yourself for as long as you feel able to do so.

  • LPA – Health and Personal Welfare.

This allows you to appoint someone to make decisions about your health and welfare should you lose the mental capacity to make such decisions yourself. You can give your Attorneys the authority to make decisions about giving or refusing consent to life-sustaining treatment on your behalf.

If you need to appoint a Solicitor, details can be found here:-

https://solicitors.lawsociety.org.uk/

Will

“It is the duty of a Muslim who has anything to bequeath not to let two nights pass without writing a will about it” [Bukhari].

If there is no Will, your assets and estate will be dealt with under the general rules of intestacy:-

https://www.gov.uk/inherits-someone-dies-without-will

The rules of intestacy are different to Islamic inheritance law.

In a Will or Letter of Wishes you can also specify burial instructions, location, type of grave/headstone etc. This can take pressure off the grieving family and avoid disputes.

If you own assets abroad (e.g. property in Pakistan), a separate Will is needed in that jurisdiction. That having been said, in my experience it is often better to deal with the transfer or sale of overseas property during your own lifetime as it is can be a minefield for the family after death.

If you need to appoint a Solicitor, details can be found here:-

https://solicitors.lawsociety.org.uk/

Organ Donation

You will automatically be deemed to have agreed to become an organ donor when you die unless:

  1. you are under 18;
  2. you have opted out;
  3. you are in an excluded group.

It is therefore important that you register your decision using the link below:-

https://www.organdonation.nhs.uk/register-your-decision/

Detailed consideration of this topic is beyond the scope of this website. However, the Gardens of Peace publication ‘What to do when someone dies – a Practical Guide for Muslims’ states the following at page 14:-

“In Islãm, there are different schools of thought regarding organ donation. Consult the ‘Ulamã (scholars) you are happy with and act according to their ruling.

The National Health Service (NHS) has a web page dedicated to the Islãmic perspective on organ donation which could also be discussed with your chosen ‘Ulamã before making a decision”.

A link to that NHS webpage is here:-

https://www.organdonation.nhs.uk/helping-you-to-decide/your-faith-and-beliefs/islam/

Travel Documentation

If there is a possibility of repatriation overseas for burial, it is imperative that you keep all passports and visas valid and up to date.

Typically, most countries will not permit travel unless a passport has at least 6 months remaining before expiry.

If the intention is to repatriate to Pakistan, I would strongly recommend that each family member obtains a National Identity Card for Overseas Pakistanis (NICOP) from NADRA well in advance. This enables visa-free travel.

If you do not have NICOP/NADRA cards and do not have Pakistani passports either, you will need visas.  This will involve attending the Pakistani Embassy (e.g. Birmingham or London) with the relevant documents and appropriate fee, potentially delaying the whole process.

You can apply for a NICOP/NADRA card online. The process may take 4 – 8 weeks:-

https://www.nadra.gov.pk/identity/identity-nicop

In relation to the deceased, you will need:-

  1. Pakistani passport; OR
  2. British passport and NADRA card (visa card for overseas Pakistanis).

PRACTICAL TIP:- Check the expiry dates of all passports, visa cards etc and place a reminder in your diary to renew 12 months before expiry. If you intend to travel to Pakistan, obtain NICOP/NADRA cards for each member of the family.

Finances

The total cost of a Muslim burial in the UK is on average £3,000 – £5,000 depending the county in which you live, but can be much more. It is therefore well worth making financial arrangements during your lifetime.

Below is a very general indication of costs:-

Death certificate   £11 each
Coffin£250 – £750
Burial plot£1,000 – £3,000 (including digging and cemetery services)
Funeral director   £500 – £2,000 (not all Mosques provide this service)
Funeral cars£200 each
Donation to Mosque/Imam£100 – 250? (suggestion only)
Food£250 – £500 (depending upon how many you cater for)
Headstone  £1,000 – £3,500 (including inscribing and fitting)
TOTAL £3,311 – £10,200

Clearly not all of these items are always needed e.g. some traditions bury in a shroud without a coffin.

If a post-mortem scan is necessary, that is an additional £500 – £600.

If you are repatriating overseas, you will also need to make provision for flights and visas.

PRACTICAL TIP:- Many Mosques have a “funeral committee”. In return for a contribution each month, a lump sum payment is made to the family upon death to help pay for funeral costs. There may be other schemes available. Please also the section entitled ‘Government Benefits & Financial Support’.