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Inheriting from my non-Muslim mother who owns a pub?  

Answered as per Hanafi Fiqh by Qibla.com

Answered by Shaykh Faraz Rabbani

I have a Muslim friend who is a new convert to Islam. Her mother is not a Muslim as yet. Would it be alright for my friend to accept the inheritance of her mother even though she is not a Muslim? If yes, then would it be alright for her take the largest share of the inheritance even though she has a brother (non-Muslim) who is to receive a small share of the inheritance for whatever reasons her mother has decided. Also this inheritance is a pub which will be sold after her mothers death.

In the Name of Allah, Most Gracious, Most Merciful

Walaikum assalam,

It is permitted to accept bequests from non-Muslim parents, but one cannot inherit from them.

A bequest is: ‘A gift by will especially of money or other personal property.’ (Merriam-Webster’s Unabridged Dictionary)

Inheritance: ‘the acquisition of real or personal property as heir to another :the perpetual or continuing right which a person and his heirs have to an estate or property.’ (ibid.)

In the case mentioned, it appears that the sister would be receiving from her mother’s estate by way of bequest. As such, it would be permitted for her to take it.

As for the earnings being from a pub: the earnings of non-Muslims from wine and pork are permitted for them. We are allowed to deal with them in lawful ways (such as accepting a gift or bequest, or buying and selling permitted items), even when their wealth is based on these items. [Fatawa Hindiyya, Radd al-Muhtar]

And Allah alone gives success.

Walaikum assalam,
Faraz Rabbani

This answer was indexed from Qibla.com, which used to have a repository of Islamic Q&A answered by various scholars. The website is no longer in existence. It has now been transformed into a learning portal with paid Islamic course offering under the brand of Kiflayn.

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