Husband Died Leaving Muslim Wife and Non-Muslim Relatives

12-6-2002 | IslamWeb

Question:

If a man died and he left a Muslim wife, 2 sons from a former marriage who are non-Muslim, and 2 brothers and 1 sister who are all non-Muslim, how should his wealth (property, money, business, etc.) be divided? Also, what happens with regard to the house the husband shared with his wife prior to his death? Must she move and sell this property and divide it to the heirs?

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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 is His slave and Messenger.

The wife inherits one-fourth of the inheritance from her husband who does not have a Muslim child. Allah Says (what means): {And for them [i.e. the wives] is one fourth if you leave no child.} [Quran 4:12]

Since the non-Muslim child does not inherit, likewise other non-Muslim relatives do not have any share in the inheritance. Usama Ibn Zaid narrated that the Prophet said: “A Muslim does not inherit a non-Muslim, and a non-Muslim does not inherit a Muslim.” [Al-Bukhari and Muslim]

In short, the inheritance of the dead (mentioned in your question), including his share in the house should be divided into four shares. The wife will take one-fourth of the inheritance and the 'Asabah (male blood relatives) of the dead will take the remaining inheritance if they are Muslims. If there are no male blood-relatives, the remaining inheritance will be deposited in the Muslims treasury provided it is trustworthy and acts according to the Sharee'ah. If there is no such treasury, then it should be given to needy and poor people or spent in the interest of Muslims.

For more benefit that a Non-Muslim does not inherit a Muslim and vice-versa, please refer to Fatawa 246802, 358765, 238165, 96163, 189195, 137484 and 95466.

Allah knows best.