Where should a deceased person be buried if heirs disagree, one suggesting the public graveyard (Mubasbala) and the other suggesting private property?

General Chapter

Al-Mughni

Book of Funerals

Book 7 · Issue 1 · Bab 1

Open in Qurani

Primary text

The deceased must be buried in the public graveyard (Mubasbala). This is because burial in the public graveyard involves no imposition (no granting of favor or obligation, 'la minnah fih') and constitutes less harm to the heirs compared to using private property.