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Inheriting from a kaafir

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I would like to know if I am able to inherit from my mom who is a kafira? I want to know if I can travel overseas by myself to see here (since my husband can’t accompany me and my son is not of age) and sort out what she is going to give me Insha Allah, such as an apartment and some other items about which I have no knowledge? What do about the money in the bank account that she opened in my name. Can I take that money including the accumulated interest?

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A:

  1. A Muslim cannot inherit from a kaafir. However your mother can make a bequest for you. 
  2. It is impermissible for a woman to travel for 78km or more without a mahram.
  3. If she gifts you anything during her lifetime, it is permissible for you to accept it. You may accept the money in the bank account. To comfort your mind, you may give some of the wealth in charity.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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