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Inheriting from one’s non-Muslim father before embracing Islam

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: There is a lady who inherited money from her non-Muslim father many years ago. The inheritance was distributed according to government law in Portugal.

The lady has moved to South Africa after accepting Islam. The inheritance was given to her while she was a Muslim.

She currently stays with her husband here but they are struggling financially. What should she do with the money? Can she keep it or should she give it away? If it’s the latter option, to whom should she give it to?

Bismillaah

A: If she was a non muslim at the time her father passed away, she was an heir of her father and the money will be halaal for her. If she had embraced Islam prior to her father passing away, she cannot inherit from him. However, if her non muslim father made a bequest for her, then the bequest is permissible and the wealth will be halaal for her.

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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