Does ones non-Muslim heirs inherit from ones estate?


Q. My father is a non-Muslim. Will he inherit from my estate? If not, can I give him anything from my estate after I die?

A. The answer to the above question is two folds:

a) The ruling of inheritance from a Muslim to a non-Muslim and vice-verse;

b) The ruling of the bequests of a Muslim to a non-Muslim and vice versa;

In principle, a Muslim cannot inherit from a non-Muslim and vice versa. However, it is permissible for a Muslim to bequeath to a non-Muslim and vice versa up to one third of his estate. (Shaami 6/767)

Accordingly, you may bequeath up to one third of your estate to your non-Muslim father but he will not be entitled to inherit from your estate as an heir after your demise.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

themufti.com

Subscribe