Inheritance from a qadiani father

[ahmedkoyapv]

All children are good Muslims. Unfortunately their father became murthadh by embracing ahmediya belief (qadiyani) and died as such. This man has left good amount of property. Can they take his wealth and devide among themselves as per Islamic inheritance rules.

 

['Abdullah]

Of course you can if your father has left anything in his will to that affect.
Second important point to consider in this case is that your father believed in Allah and read the same Quran which we do. He most likely believed in Islamic laws of inheritance as well. So I don't really see this as an issue even if he did not left a will. Regarding his belief in Prophet Muhammad (peace be upon him) as last messenger, we will leave to Allah to judge and its should not have any impact on the heritance he left for his kids.

Allah knows the best!

 

[Ahmed.]

As long as he was Muslim at time of all the children's birth then he's the legal dad so inheritance rules apply, I. E, all the children will be eligible to his estate. But if any child was born after he bacame kuffar then he is not the legal father of that child so the child won't be eligible to any of the estate

 

['Abdullah]

As long as he was Muslim at time of all the children's birth then he's the legal dad so inheritance rules apply, I. E, all the children will be eligible to his estate. But if any child was born after he bacame kuffar then he is not the legal father of that child so the child won't be eligible to any of the estate, unless the 'dad' leaves an amount for him/her in his will

When someone leaves Islam then all ties of blood relations are broken and there are many hadiths which say that a Muslim can't inherit from a non-Muslim whether he became non-Muslim before or after the birth of his kids. But these hadiths are mostly misunderstood. What it really means is that a Muslim should not ask for inheritance from his/her non Muslim parents. However, if father has left a will to distribute his belonging among his kids then they can inherit from their father. Video below has a good explanation of this issue:

 

[Ahmed.]

When someone leaves Islam then all ties of blood relations are broken and there are many hadiths which say that a Muslim can't inherit from a non-Muslim whether he became non-Muslim before or after the birth of his kids. But these hadiths are mostly misunderstood. What it really means is that a Muslim should not ask for inheritance from his/her non Muslim parents. However, if father has left a will to distribute his belonging among his kids then they can inherit from their father. Video below has a good explanation of this issue:

Jzk br.

Here's what my post is based on.

is permissible for a Muslim in the UK to inherit from his non-Muslim father who was previously Muslim.
https://islamqa.org/hanafi/islamicportal/117988

Now the view that a child cannot inherit from kafir father if father was kafir when child was conceived is based on the view that at the moment of apostasy, an automatic divorce comes into effect as Muslim woman are not allowed non Muslim husbands and so that kafir 'father' is not the legal father of the child that was born out of wedlock thus legal laws like inheritance does not apply.

And the child can only inherit if that biological father leaves an amount for the child in his will:

b. An illegitimate child will not inherit from the father as the Shari?ah does not recognise his lineage.

https://islamqa.org/hanafi/askimam/28523

 

['Abdullah]

Here's what my post is based on.
is permissible for a Muslim in the UK to inherit from his non-Muslim father who was previously Muslim.
https://islamqa.org/hanafi/islamicportal/117988

I agree with this and I think this was my response as well. Just want to reemphasize that child can't ask for inheritance from his non-Muslim parents. They can only have inheritance if father is happily giving his inheritance to a Muslim child. This is also true whether the child was born through a legitimate relationship or not. If someone wants to gift you something through a will, then thanks Allah for the blessing and take it.

This is indeed turning into a good question and is of real importance for those who convert to Islam. I think they should remember the general rule which is "a

ny inheritance" given to a Muslim by a non-Muslim should be treated as a "gift". The correct opinion among the `ulamaa is that it is (generally) permissible to take gifts from non-Muslims. Therefore, I do not see any reason to make life difficult for our brothers and sisters who leave everything when they convert to Islam. ​

Now the OP has slightly different issue than a typical non-Muslim parent. His father called himself Muslim, He read the same Quran which we read, He prayed daily five prayers, offered zakah, fasted and did pretty much everything what a Muslim does. The only difference is that he held a wrong belief that Prophet Muhammad (peace be upon him) is not last messenger. Whether he is Muslim or not, I will leave that for Allah to judge but one thing is sure that he believed in the Islamic inheritance laws. So even if he has left no will, it will be understood to distribute his property based on Islamic inheritance laws.

That's my understanding of the issue and Allah knows best. I will advise to ask your Imam about this issue and please ask him about the evidence and if you find something different than what we said, please share with us so we can learn from your experience.

Now the view that a child cannot inherit from kafir father if father was kafir when child was conceived is based on the view that at the moment of apostasy, an automatic divorce comes into effect as Muslim woman are not allowed non Muslim husbands and so that kafir 'father' is not the legal father of the child that was born out of wedlock thus legal laws like inheritance does not apply.

And the child can only inherit if that biological father leaves an amount for the child in his will:

b. An illegitimate child will not inherit from the father as the Shari?ah does not recognise his lineage.https://islamqa.org/hanafi/askimam/28523

I understand that part. And my apologies to OP but this part will not be related to his issue but I thought it will be helpful for other users to know this issue.

Even if a child was born through legitimate relationship and even though his father was Muslim at the time of child's birth, if father or son leave Islam then the son can't ask for inheritance from his non-Muslim father and non Muslim kids can't inherit form a Muslim father.

This view in based on several verses from Quran and several hadiths.
Quran says:

And Noah called upon his Lord and said, "0 my Lord! Verily, my son is of my family! And certainly, Your Promise is true, and You are the Most Just of the judges." He said: "0 Noah! Surely, he is not of your family; verily, his work is unrighteous, so ask not of Me that of which you have no knowledge! I admonish you, lest you be one of the ignorants."
Noah said: "0 my Lord! I seek refuge with You from asking You that of which I have no knowledge. And unless You forgive me and have Mercy on me, I would indeed be one of the losers." [Quran 11: 45-47]

In the verses above, it is clear that the son was a legitimate child of Noah (peace be upon him) but when he left Islam, Prophet Noah (peace be upon him) was told that he was not his son.

The Messenger of Allah (Peace and Blessings of Allah be upon him) also said:

"People who belong to two different religions do not inherit from one another." (Reported by Abu Dawud in al-Sunan, Kitab al-Faraa’id, and deemed hasan by al-Albaani in Saheeh al-Jaami‘, 7614)

This is mainly because when the ties of religion are cut, the ties of inheritance are also cut, because the former is the basis of the latter.

It is worth mentioning that some scholars have held the opinion the Muslims can inherit from non-Muslims but non-Muslims can't inherit from Muslims parents. Some of the famous companions and tabieens who held this view are Mu`adh ibn Jabal, Mu`awiya, Ibn al-Hanafiyya, Muhammad ibn `Ali ibn al-Husayn. And Allah knows the best!​