Who bears the expense for a deceased woman's shroud (kafan) and burial costs?
General Chapter
Al-Mughni
Book of Funerals
Primary text
The shroud and burial expenses for a deceased woman are to be paid from her own wealth, if she possesses any. This view is held by Al-Sha'bi, Abu Hanifa, and some companions of Al-Shafi'i. The evidence for this ruling is that the essential rights arising from marriage, such as maintenance (nafaqa) and clothing (kiswa), cease upon death because the reason for their obligation—the possibility of enjoyment (istimta')—is terminated. Upon death, she becomes a stranger (ajnabiyya) to him, similar to a case of separation during life. If the deceased woman has no wealth, the expense falls upon the relative upon whom her maintenance was incumbent. If no such relative exists, the expense is covered by the public treasury (Bayt al-Mal), just as it is for a woman without a husband.
Supporting text
Some scholars argue that the husband is obligated to cover these costs, analogizing it to his obligation for her clothing and maintenance, similar to the master's obligation for a slave or a father for his son. There is a difference of opinion attributed to Malik concerning this matter.