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Is it permissible to exclude an estranged child from one’s will if one suspects that the child is no longer a Muslim?

Answered according to Hanafi Fiqh by Askimam.org

Is it permissible to exclude an estranged child from one’s will if one suspects that the child is no longer a Muslim?

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatoh

 

In principle, every legitimate Muslim child will inherit from ones Muslim parents even though such a child is estranged for some reason or the other. If the child is a non-Muslim, he/she will not inherit from ones Muslim parents’ estate. A decision should not be based on suspicion. It should be confirmed whether the child is a Muslim or not upon the death of the parents. If a child was a non-Muslim before the death of the parents but also reverted to Islam before the death of the parents, the child will inherit. If one suspects one child being a  non-Muslim, that may be recorded in the will and a mechanism should be put in place to determine the religion of the child in order to determine his/her legitimacy of being an heir of the estate.

 

And Allah Ta’ala Knows Best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah
Original Source Link

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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