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Does ones non-Muslim heirs inherit from ones estate?

Answered according to Hanafi Fiqh by TheMufti.com

Q. My father is a non-Muslim. Will he inherit from my estate? If not, can I give him anything from my estate after I die?


A. The answer to the above question is two folds:

a) The ruling of inheritance from a Muslim to a non-Muslim and vice-verse;

b) The ruling of the bequests of a Muslim to a non-Muslim and vice versa;

In principle, a Muslim cannot inherit from a non-Muslim and vice versa. However, it is permissible for a Muslim to bequeath to a non-Muslim and vice versa up to one third of his estate. (Shaami 6/767)

Accordingly, you may bequeath up to one third of your estate to your non-Muslim father but he will not be entitled to inherit from your estate as an heir after your demise.

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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