The Inheritance of a Muslim Woman who is Married to a non-Muslim Man
Fatwa No: 460930

  • Fatwa Date:20-7-2022 - Thul-Hijjah 21, 1443
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Question

Sir Namaste.If a Muslim lady married a non Muslim , is she eligible for Share in her father's propertyafter the death of her father?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

The fact that a Muslim woman is married to a non-Muslim man does not deprive her of her share from the inheritance of her father if he [her father] is a Muslim.

If he is not a Muslim, then she has no share in his inheritance because a Muslim does not inherit a Kaafir (non-Muslim), and vice-versa.

Usaama ibn Zayd  may  Allaah  be  pleased  with  him narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “A Muslim does not inherit a kaafir (a non-Muslim) and a Kaafir does not inherit a Muslim."

We have already clarified that the marriage of a Muslim woman with a non-Muslim man is forbidden and void according to the consensus of the scholars. If he has sexual intercourse with her, then this is nothing but Zina (fornication and adultery), so she should be cautious.

For more benefit, please refer to Fataawa 124877 and 335746.

Allah knows best.

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