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Thread: Inheritance

Sarada

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As-Salaam Aleikum

I have heard that a Muslim child should not accept an inheritance bequeathed by a non-Muslim parent.

Is this true?
 
This is a complicated issue full of nuances and conditions which can only be dealt with by scholars and jurists.

The general principle seems to be that a non-Muslim cannot inherit from a Muslim, but in certains circumstances, a Muslim can inherit from a non-Muslim.

One nuance is the fine line between an inheritance and a gift upon death (a bequest)

Another consideration for some is the location of the event. Whether there is Sharia Law in effect in that country. An interesting situation, in this day of global travel, would be if the deceased were in a Muslim country and the beneficiaries were in a secular country.

So on the surface it is very simple, but go just slightly beneath the surface, and it becomes a matter of jurisprudence.



A Muslim cannot inherit from a non-Muslim. And vice-versa.

Notwithstanding the above, another opinion states, this only applies only to countries that have Sharia law, and in his opinion, the secular laws of non Muslim countries also apply to Muslims when there is no Sharia Law.

http://www.islamonline.net/servlet/...h-Ask_Scholar/FatwaE/FatwaE&cid=1119503545320

A third website makes a distinction between an inheritance of property and a bequest of money. In that view, the inheritance of property would be disallowed, but the bequest of money would be alright.

http://qa.**************/issue_view.asp?HD=1&ID=3296&CATE=201

All of the above is according to my understanding.

I can see why very few Muslims would want to post on this question. There are numerous other rules on the issue of inheritance in the Q'uran.
 
Sarada said:
This is a complicated issue full of nuances and conditions which can only be dealt with by scholars and jurists.

The general principle seems to be that a non-Muslim cannot inherit from a Muslim, but in certains circumstances, a Muslim can inherit from a non-Muslim.

One nuance is the fine line between an inheritance and a gift upon death (a bequest)

Another consideration for some is the location of the event. Whether there is Sharia Law in effect in that country. An interesting situation, in this day of global travel, would be if the deceased were in a Muslim country and the beneficiaries were in a secular country.

So on the surface it is very simple, but go just slightly beneath the surface, and it becomes a matter of jurisprudence.



A Muslim cannot inherit from a non-Muslim. And vice-versa.

Notwithstanding the above, another opinion states, this only applies only to countries that have Sharia law, and in his opinion, the secular laws of non Muslim countries also apply to Muslims when there is no Sharia Law.

http://www.islamonline.net/servlet/...h-Ask_Scholar/FatwaE/FatwaE&cid=1119503545320

A third website makes a distinction between an inheritance of property and a bequest of money. In that view, the inheritance of property would be disallowed, but the bequest of money would be alright.

http://qa.**************/issue_view.asp?HD=1&ID=3296&CATE=201

All of the above is according to my understanding.

I can see why very few Muslims would want to post on this question. There are numerous other rules on the issue of inheritance in the Q'uran.
Click to expand...

It seems that the mods have blocked the second link
 
Sarada said:
...
I can see why very few Muslims would want to post on this question. There are numerous other rules on the issue of inheritance in the Q'uran.
Click to expand...

I would have posted had I known about the thread . But, inheritance (in Islam) is quite a complex matter anyhow so I would have had to consult a book on the matter, and probably 4/5 posts too.
 
aamirsaab said:
I would have posted had I known about the thread . But, inheritance (in Islam) is quite a complex matter anyhow so I would have had to consult a book on the matter, and probably 4/5 posts too.
Click to expand...

Salaam Aamirsaab,

If you have the time, I would be very interested in any information you would like to share on this subject.

Thank-you,

Sarada
 
Sarada said:
Salaam Aamirsaab,

If you have the time, I would be very interested in any information you would like to share on this subject.

Thank-you,

Sarada
Click to expand...

I'll see what I can do. Maybe even get a post out tonight.
 
:sl:
Ok the stuff I found out corroborates exactly with sarada's post; non-muslims do not inherit from muslims and vice versa.

There is, however, a difference between inheritance and a will; the latter will always apply no matter if they are muslim or not.

As stated before, Islam and inheritance is quite a large subject, so is there anything else you'd like to know about it?
 
aamirsaab said:
:sl:
Ok the stuff I found out corroborates exactly with sarada's post; non-muslims do not inherit from muslims and vice versa.

There is, however, a difference between inheritance and a will; the latter will always apply no matter if they are muslim or not.

As stated before, Islam and inheritance is quite a large subject, so is there anything else you'd like to know about it?
Click to expand...

So, in the absence of a will there is no cross Muslim---non Muslim inheritance,
But where there is a will, it does have effect. The language in one website talked about a bequest, One could then substitute will for bequest.

Thank-you for doing this research, I really appreciate it. That is all I need to know.
 
:salamext:

i was listening to this from a sheik in Malaysia...

There are khilaf / different opinions in these.

However, this sheikh said he agreed with one opinion saying that it is okay to accept the inheritence from a good non-muslim (because the translation of the kafr is actually is the bad kafr). And the ruling was 'harus'... (not sure what is 'harus' in english)

wassallam.
 
syilla said:
:salamext:

i was listening to this from a sheik in Malaysia...

There are khilaf / different opinions in these.

However, this sheikh said he agreed with one opinion saying that it is okay to accept the inheritence from a good non-muslim (because the translation of the kafr is actually is the bad kafr). And the ruling was 'harus'... (not sure what is 'harus' in english)

wassallam.
Click to expand...
:sl:

Yeah, basically there are two opinions:
* The majority of scholars say no cross inheritance from non-muslim to muslim (and vice versa)

* But, some of the early caliphs (such as Mu'adh bin Jabal and Mawuwiya bin Abu Sufiyan) did allow for muslims to inherit from non-muslim. That is why you'll see some scholars say yes to cross inheritance from muslim to non, because it was allowed at some point (this is what they are basing their judgement on).

But, Umar bin abd'al aziz, when he became a caliph, abolished that and consulted with the muslim jurists and they came to the conclusion that inheritance cannot pass from muslim to non-muslim and vice versa. And the majority of scholars are in agreement with this, so this is really the opinion we should follow.
 
I read a riwayat in Muwatta li Imaam Muhammad that said that Ali RA did not inherit from his father (Abdul Muttalib, who was a very good kafir) but that two of his kafir brothers did.