Fatwa ID: 08391
Answered by: Maulana Yusuf Badshah
Question:
I am trying to calculate the distribution of my inheritance. I am married and have 4 children. I have 1 daughter with my current wife and 3 children with my ex-wife.
May Allah forgive us, my ex-wife has left Islam and converted back to Christianity. She has also took our 3 children (1 son and 2 daughters) down that path, I know she takes them to church. I’m pretty sure my children no longer see themselves as Muslim or possibly see themselves as both (lost) I don’t know. They are young and were even younger when this all happened, so they’ll most likely be very confused. I’ve actually hesitated to ask them directly due to being scared of what they would say. My eldest daughter is 19, then my daughter who’s 15 and son who’s 12. We broke up over 5 years ago and the live quite far from me.
I’m lead to believe that non-Muslims can not inherit. What would you advise me to do in my situation? Should I make a judgement on what I see and hear?
This is limited, that they obviously don’t practice Islam, they just follow how their mother is raising them. Or do I individually ask them what religion they are? Also could you kindly help me with calculating the percentages?
In the name of Allah, the Most Gracious, the Most Merciful.
Answer:
Regarding the distribution of your inheritance, what matters is not their faith at the moment but their faith when you pass away. Should they be outside the fold of Islam when you pass away, then they will not inherit from you [1]. Thus, given that you have left them in a situation where their belief and disbelief are both plausible, you will most likely need to write your will taking this into account. That is to say, you will need to either write a will dictating the multiple possible distributions depending on which of your children are still Muslim, edit your will regularly when circumstances change or appoint a reliable individual to take custody of your wealth at the time of your passing, investigate the situation and distribute it in accordance with Islamic Fiqh.
The exact percentages cannot be calculated without more information about which of your relatives are still alive and whether or not they are Muslim, particularly your parents and grandparents [2]. After having a proper conversation with your children, you will need to take what you know of their Islam and your other living Muslim relatives to a scholar who can then calculate the distribution for you. Otherwise, there are multiple online resources you can use which will calculate the distribution for you in accordance with Hanafi Fiqh, although it is important to still check the results with a qualified scholar to avoid errors.
References:
[1] Fatawa Hindiyyah, vol. 6, pg. 454, Darul Fikr:
وَاخْتِلَافُ الدَّيْنِ أَيْضًا يَمْنَعُ الْإِرْثَ وَالْمُرَادُ بِهِ الِاخْتِلَافُ بَيْنَ الْإِسْلَامِ وَالْكُفْرِ
[2] Surah An-Nisa’ 11:
{… وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ وَلَدٌ …}
Only Allah knows best.
Written by Maulana Yusuf Badshah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
