IslamQA

Can a non-Muslim child inherit from his/her Muslim Parents? Can a Muslim inherit from a non-Muslim?

Answered according to Hanafi Fiqh by DarulUloomTT.net

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.

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

Find more answers indexed from: DarulUloomTT.net
Read more answers with similar topics: