Kindly explain the Shar’ee position of the bequest made by non-Muslimparents in favour of their Muslim child in their Will. Will it be Meeraath(inheritance) or Wasiyyat (bequest)?

There are differences of opinion regarding Muslims inheriting from non-Muslim relatives. According to the majority of the Sahaba (Radhiallaahu Anhum) and Tabi’een (Rahimahumullah), Muslims do not inherit from their non-Muslim relatives based on the following Hadith: Usama Ibn Zaid (Radhiallaahu Anhu) narrates that Rasulullah (Sallallaahu Alayhi Wasallam) said, ‘A Muslim cannot inherit from his non-Muslim relatives and a non-Muslim will not inherit from his Muslim relatives.’ (Mishkaat pg.263; Meraj). However, a Muslim and non-Muslim can make a bequest for a non-Muslim and Muslim respectively. (Raddul Mukhtaar vol. pg.652; H.M. Sa’eed) Any bequest made in favour of a Muslim relative by his non-Muslim relative and vice versa will fall in the category of wasiyyat and will be governed by the rules and principles of Wasiyyat. The underlying principle being that the wasiyyat cannot exceed one third of the nett estate after paying funeral expenses and debts. From Al Mahmood 10

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