Assalamu Alaikum
Q:Can a parent who is a muslim leave an inheritance in a will for his or her child who is not a muslim? Also, can a muslim who inherits from a non muslim instruct what can be done with the inheritance as they cannot use it themselves,because we are forbidden from inheriting from non muslims?
A:
Wa Alaikum Assalaam,
A parent who is a Muslim can leave a will (wasiyat) for a child who is a non-Muslim. This does not form part of the official division of inheritance, but can only be made to the extent of one third (1/3) of the estate. The parent who is a Muslim can give something worth this much or less than this.
(Bada’i AS Sanaa’i Vol. 7 Pg. 341. Fatawa Haqaniya Vol. 6 Pg. 504.
Published by Darul Uloom Haqaniya Pakistan 2002.)
A Muslim cannot inherit from a non Muslim hence, he will not be able to accept any inheritance, nor can he say what should be done with that which was divided for him.
(Fatawa Hindiya Vol. 6 Pg. 454; As Siraji – 10 Fatawa Haqaniya Vol.6 Pg. 522)
And Allah Knows best,
Mufti Waseem Khan.
26/06/15.