Non-Muslim brother inheriting from parents

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My brother has gone away from the fold of Islam by having a girlfriend who is Christian Orthodox, committing zina, having a child out of wedlock and then saying that he will be become Christian for the sake of his child and girlfriend. He contacts my parents only when he wants some financial help otherwise he is not in contact with them or other family members on any regular basis. Whenever he does contact my family, we have always tried to remind him of Islam and Allah.

1. What does Shariah say for this matter with regards to his inheritance from my parents when they pass?

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2. Should he be included in any will my parents make?

3. Does he have any right to claim inheritance from my parents if he is no longer Muslim?

4. Does my family have any responsibility or rights towards my brother if he claims to have forsaken Islam?

5. Should my family maintain contact with him or do we sever ties with him if he is no longer Muslim? 

Bismillaah

A: 

1. He will not be an heir to your parents’ estate.

2. No.

3. No.

4. No.

5. Sever ties with him.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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