Does a Muslim inherit from his non-Muslim father?
Fatwa No: 238165

  • Fatwa Date:15-2-2014 - Rabee' Al-Aakhir 15, 1435
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Question

Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A son) Number 1 (grandson (from the son)) Number 1 - Additional information : can i inherit from my father who is a non muslim

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.

Dear brother, you should know that the Muslim scholars have held different opinions whether a Muslim inherits from his non-Muslim father or not. Some scholars maintained that it is impermissible for a Muslim to inherit from his non-Muslim father based on the Hadeeth that reads, "A Muslim does not inherit from a non-Muslim, and a non-Muslim does not inherit from a Muslim." [Al-Bukhari and Muslim]

However, other scholars have held that a Muslim is entitled to inherit from a non-Muslim just as he is entitled to marry a non-Muslim woman. They interpret the former Hadeeth as referring to the belligerent non-Muslim who fights against Islam and Muslims. In fact, this issue is debatable among scholars and the majority of them maintained that they do not inherit from each other. Based on their opinion, you are not entitled to inherit from your non-Muslim father.

Verily, the blessing of Islam is greater than any inheritance; therefore, if a disbeliever wished to offer an earth full of gold as a ransom on the Day of Judgment, it will not be accepted from him. Allaah, The Exalted, says (what means): {Indeed, those who disbelieve and die while they are disbelievers - never would the [whole] capacity of the earth in gold be accepted from one of them if he would [seek to] ransom himself with it. For those there will be a painful punishment, and they will have no helpers.}[Quran 3:91]

But based on the other opinion, which allows a Muslim to inherit from a non-Muslim, since your father did not leave any heirs except his son - and that is yourself as we understood - and his grandson, then you get the entire inheritance and the grandson gets nothing.

For more benefit, please refer to Fataawa 96163 and 189195.

Allaah Knows best.

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