Question
I have studied the subject of meerath and I know that inheritance cannot be given to people of different religions. However I would still like to know if a deceased person leaves a muslim wife and/or children, non muslim parents and siblings, is the estate of the deceased supposed to be divided between the wife and/or children alone since the parents and siblings are not muslims? Can the parents and siblings receive anything?
Answer
Yes, the estate of the deceased Muslim will be divided among the Muslim wife and children alone in this case. Parents and siblings who are non-Muslims will not inherit. In this regard, the Prophet (SAS) said, ‘A Muslim cannot inherit from a kafir and a kafir cannot inherit from a Muslim’. (Sunan Ibn Majah pg. 195)
Parents and siblings who are not Muslims could have received some thing from the deceased Muslim when he was alive. In this case they could have received gifts while he was alive. Now that he has passed away, they will not be able to inherit anything, except that he has made a will to the extent of 1/3 of the total estate for them.
If none of the above was done, then it is permissible for you, as the wife of the deceased, to give something out of your inheritance as a gift to the non-Muslim parents and siblings.
And Allah knows best.
Mufti Waseem Khan