A new Muslim’s concern about inheritance from her non-Muslim parents

22-5-2007 | IslamWeb

Question:

Salam Aleikum.I have found out that a muslim can not inherit from a non-muslim. I am my parents only child. Shall I talk with my parents about excluding me and my children from inheritance or shall I leave the subject? I don't know if they made a will and I can not imagine their reaction.

Answer:

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

 

It is confirmed that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "A Muslim does not inherit a non-Muslim, and a non-Muslim does not inherit a Muslim." [Al-Bukhari and Muslim]. For more benefit, please refer to Fatwa 83407.

There is no need for you to ask your parents to exclude you from the heirs as this may cause them distress and repulsion, and a Muslim is required to be kind to his parents even if they are non-Muslims. Allaah Says (what means): {But if they endeavour to make you associate with Me that of which you have no knowledge, do not obey them but accompany them in [this] world with appropriate kindness.}[Quran 31:15]. Therefore, Allaah ordained to be kind to the non-Muslim parents, and it is not permissible to annoy them or hurt them.

Therefore, you should endeavour to advise and call your parents to Islam with wisdom and in a good manner which befits them as parents. First of all, you should seek the Help of Allaah and supplicate Him earnestly as He may accept your supplication and your parents will be saved from Hellfire thanks to your supplications.

It should be noted that if the non-Muslim parents make a will to their Muslim child, he is permitted to accept this will because the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) prohibited inheritance between the Muslims and non-Muslims but he  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) did not prohibit accepting a will.

Ibn Qudaamah  may  Allaah  have  mercy  upon  him said: 'It is acceptable for a Muslim to make a will for a non-Muslim in a Muslim land, and vice-versa, …but this is only acceptable within the conditions of the validity of a will from a Muslim to another Muslim. Therefore, if the will is made to an heir or to a person who is not an heir but the amount exceeded a third, then implementing the will is subject to the acceptance of the other heirs, exactly like in the case of a Muslim [with another Muslim].'  

We would like to focus here on an important matter that inheritance in Islam is an established right even if one did not bequeath. It is a right decreed by Allaah in the inheritance of a deceased person for certain inheritors such as his children, spouse, etc.

As for the will, according to the Islamic legislations, it is valid only for those who do not inherit from the deceased, as in your case, and the will must not exceed one-third of the whole property. If it is more than the limit then it is not carried out unless the sane and mature inheritors approve it in their shares. If there is any immature inheritor then it does not apply to his share. 

Allaah Knows best.

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