Inheritance and bequests for a non-believer from a Muslims estate

Fatwa ID: 02586

Answered by: Mufti Mohammed Tosir Miah

Question

Inheritance and bequests for a non-believer from a Muslims estate

Answer

It is not allowed for a Muslim to inherit from the estate of a non-believer and vice versa. (Duruus Tirmizi p.116 v.3)

Saaiduna Usama Bin Zayd raḍyAllāhu 'anhu (may Allāh be pleased with him) narrates that the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said, “A believer does not inherit from a non-believer, and a non-believer does not inherit from a believer.” (Sahih Bukhari and Sahih Muslim)

The Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said: "People who belong to two different religions do not inherit from one another." (Sunan Abu Dawud p.47 v.2)

However, it is permissible for a believer makes a will leaving one-third or less of his wealth to a non-believer or vice versa. (Raddul Muhtar p.345 v.10)

Only Allah Knows Best

Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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