IslamQA

Does a revert Muslims heirs who are non-Muslims inherit from the revert Muslims estate upon demise?

Answered according to Hanafi Fiqh by TheMufti.com

Q. Does a revert Muslims heirs who are non-Muslims inherit from the revert Muslim upon demise SA? Does it make any difference if a revert Muslim has an Islamic Will?  


A.If a revert Muslim makes an Islamic Will, it will ensure that his estate is distributed according to the Islamic Law of Succession and Inheritance. In other words, a revert Muslims non-Muslim heirs will not inherit from a revert Muslim unless a bequest is made in favour of non-Muslim heirs.

However, if a revert Muslim does not make an Islamic Will, a revert Muslims estate will fall under the intestate succession laws of South Africa, thus, entitling non-Muslim heirs to inherit from a revert Muslim and being distributed unislamically. This is against Shariah. Therefore, it is incumbent for revert Muslims and Muslims in general to make an Islamic will ensuring the correct distribution of the estate according to the Islamic law of Succession and Inheritance.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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