Widow from Catholic family wins burial rites in interfaith row

The brother of a Sydney man who died in February aged just 44 took his widow to court but failed in his bid to give him an Islamic burial.

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A grieving widow from a Catholic family has won the right to bury her late husband after his brother took her to court claiming he wanted to give him an Islamic burial.

Sydney man Omar Kak, 44, who died in February, was raised in a Muslim family before marrying his wife Allison, who was raised a Roman Catholic, which caused ongoing tensions between their two families.

Following Omar's death, his brother Gus Kak sought an order in the NSW Supreme Court that he be granted custody of his body and to arrange his burial, arguing he didn’t want to be seen in a Christian cemetery.

Omar Kak’s wife wanted him buried as a Roman Catholic, causing conflict with the rest of his family.

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“Gus and other relatives of Omar want a Muslim burial – Gus says that if Omar is not buried in accordance with Islamic faith, he and the family will not visit Omar for the purpose of remembering and praying for him because it will be a desecration to Omar as a person,” Justice David Hammerschlag told the court.

“He does not want people to speak that they saw him or his family attending a Christian cemetery as it is against the Islamic faith to pray for a person who died as a Christian.”

However, in response Mrs Kak sought an order in her favour, arguing her husband had always told her he wanted to have his funeral at the Woolwich church where they married before being buried at Woronora cemetery.

“She says their children have only known Omar as a practising Catholic,” Justice Hammerschlag said.

Omar’s brother says he and his family won’t visit Omar’s grave if he is not buried in a Muslim cemetery. Picture: Sarah Matray

The court was told the couple, who met when he was 22 and she was 18, married according to Islamic law in 2006 but also married under Roman Catholic rites in 2008.

Since then, the court heard Omar had expressed a desire to the family’s priest, Kevin Bates, to be baptised a Catholic before he died.

Justice Hammerschlag ruled in Mrs Kak’s favour because her husband had appointed her to be his sole executor of his will.

“Ordinarily, the named executor or executrix has the right to arrange for the disposition of the deceased’s body if that person is ready, willing and able to do so,” he said.

“Allison is ready, willing and able to do so. There is no reason to depart from this, and every good reason to adhere to it.”