Key facts of the case - The applicants, whose daughter has died, lodged an appeal before the Court (TGI) to be allowed to organize her funeral. Indeed, she had expressed no specific will about the details of her funeral and her husband wants to celebrate it following the Muslim rite. The Court held that a close friend of the deceased were the most qualified person to decide of it. This friend had confirmed the deceased would have wished to be buried following the Muslim rite. The parents appeal this judgment.

Main reasoning of the court - The Court of cassation upholds the judgment, referring to its constant position in this matter: the judge has to seek by all means which was the deceased’s will and when this lacks, he has to designate the best qualified person to decide of the funeral details. In the present case, given the length of their friendship, this friend was the best qualified person. Accordingly, the funeral has to be organized according to the Muslim rite.

See the decision: 2009-05-27 - Court of cassation, n. 0966589.