Fatwa ID: 03137

Answered by:  Alimah Nasima Umm Hamza​

Question:

A Sunni brother whose parents are still Ismaili Muslims. He is asking if he can inherit from them?

As the parent's age, they have shown interest in giving their condo apartment to their son. How will this work out in the shar'i and Canadian law?

Answer:

In The Name Of Allah, The Most-Merciful, The Most Kind

A Muslim is not permitted to inherit from a non-Muslim, hence this brother cannot inherit from his parents. [^[1]]

However it will be permitted for his parents to bequeath up to one-third of their wealth to their son, so if their apartment is less than the value of one-third of their wealth they can leave it in their bequest. ^[2]

Only Allah knows best

Answered By Alimah Nasima Umm Hamza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

^[1] Mukhtasar Al-Qudoori, Tahir Kiani Translation, page 708

^[2] Ibid, page 695