Bismillāhi Raḥmāni Raḥīm
Date: 26th Ṣafar, 1442 A. H / 12th October, 2020
Subject: Al-Farā’id (The Islamic Law of Inheritance)
Lesson: 89
Topic: Inheriting the non-Muslim and Vice-versa under Islamic law (Part 3)
Sub-Topic: Should a Muslim inherit his or her non-Muslim spouse, children and parents?
Salām Alaykum Warahmatullāh Wabarakātuh,
Dear Participants,
In the last two classes, we are looking at the conundrum of inheriting non-Muslims and the vice versa. Today, we are looking at the legal position of Muslims inheriting their non-Muslim spouses, children and parents. We must never forget that difference in religion of one the fundamental factors of impediment to inheritance (Mawāni‘ al-Mīrāth )under Islamic law; this is based on the sound hadith that we had read for us before in which the Prophet (Peace be upon him) was quoted to have said that “Muslims would not inherit the non-Muslims and vice-versa”. But the controversy nowadays is huge especially among the Muslims living in non-Islamic country. What should we do when the spouses, children or parents are non-Muslims?
In all facets, this problem requires the employment of Qiyās (Analogical Deduction) and Maṣlaḥa (Presumption of goodness) especially for the benefit of Islām and Muslims. For this, we can say that Muslims would be allowed to inherit the non-Muslim through:
i. If the Muslims are the only legal heirs to the deceased non-Muslims, or he or she is among the legal heirs ab initio but was schemed out because of the difference in religion, if we realized that abandoning such estate to other non-Muslim heirs would spell a doom for the Muslims and Islām, the Muslims MUST inherit his or her portion from the non-Muslim’s estate and utilize it for Islām irrespective of the inheritance methods used to share the methods either through traditional or common law.
ii. If the non-Muslims appropriated a waṣiyyah-like Bequest or Will for the Muslim who invariably is wallowing in poverty and is in dire need of sustenance, such appropriation SHOULD be accepted to benefit the Muslim and his religion.
iii. Whenever the non-Muslim’s properties is going to be declared bona vacatia (an estate which has no heir attached to it) and would be remitted to non-Islamic government which might be used for Maḥrūmāt (forbidden ventures), the Muslims SHOULD claim it as the legal heir to the deceased non-Muslims and utilize the estate for the benefit of Islām and Muslims.
iv. Lastly, as Muslims, we are allowed to appropriate a waṣiyyah of not more than one-Third (thuluth) of our properties to non-Muslim spouses, children, parents and relatives because, after our demise, they are not eligible to inherit as legal heirs because of difference in religion. May Allah guide and rectify all our affairs. (Ᾱmin),
Inshā’ Allāh, we shall continue the discussion in our next class.
Jazākumullāhu Khayran for reading today’s lesson.
Yours in Islām
©Busari Muhammad Jamiu (Abū ‘Ᾱishah)
The Founder/Instructor
+2348023670884, +2348153520182
https://sites.google.com/view/alfaraidestateconsultsnigeria
Facebook: https://www.facebook.com/alfaraidonlineforum
Telegram: https:///alfaraidonlineforum
YouTube Channel: https://www.youtube.com/channel/UCXtdERlQNrLOK6f9y2hxNyA

alfaraidonline:
Bismillāhi Raḥmāni Raḥīm
Date: 26th Ṣafar, 1442 A. H / 12th October, 2020
Subject: Al-Farā’id (The Islamic Law of Inheritance)
Lesson: 89
Topic: Inheriting the non-Muslim and Vice-versa under Islamic law (Part 3)
Sub-Topic: Should a Muslim inherit his or her non-Muslim spouse, children and parents?
Salām Alaykum Warahmatullāh Wabarakātuh,
Dear Participants,
In the last two classes, we are looking at the conundrum of inheriting non-Muslims and the vice versa. Today, we are looking at the legal position of Muslims inheriting their non-Muslim spouses, children and parents. We must never forget that difference in religion of one the fundamental factors of impediment to inheritance (Mawāni‘ al-Mīrāth )under Islamic law; this is based on the sound hadith that we had read for us before in which the Prophet (Peace be upon him) was quoted to have said that “Muslims would not inherit the non-Muslims and vice-versa”. But the controversy nowadays is huge especially among the Muslims living in non-Islamic country. What should we do when the spouses, children or parents are non-Muslims?
In all facets, this problem requires the employment of Qiyās (Analogical Deduction) and Maṣlaḥa (Presumption of goodness) especially for the benefit of Islām and Muslims. For this, we can say that Muslims would be allowed to inherit the non-Muslim through:
i. If the Muslims are the only legal heirs to the deceased non-Muslims, or he or she is among the legal heirs ab initio but was schemed out because of the difference in religion, if we realized that abandoning such estate to other non-Muslim heirs would spell a doom for the Muslims and Islām, the Muslims MUST inherit his or her portion from the non-Muslim’s estate and utilize it for Islām irrespective of the inheritance methods used to share the methods either through traditional or common law.
ii. If the non-Muslims appropriated a waṣiyyah-like Bequest or Will for the Muslim who invariably is wallowing in poverty and is in dire need of sustenance, such appropriation SHOULD be accepted to benefit the Muslim and his religion.
iii. Whenever the non-Muslim’s properties is going to be declared bona vacatia (an estate which has no heir attached to it) and would be remitted to non-Islamic government which might be used for Maḥrūmāt (forbidden ventures), the Muslims SHOULD claim it as the legal heir to the deceased non-Muslims and utilize the estate for the benefit of Islām and Muslims.
iv. Lastly, as Muslims, we are allowed to appropriate a waṣiyyah of not more than one-Third (thuluth) of our properties to non-Muslim spouses, children, parents and relatives because, after our demise, they are not eligible to inherit as legal heirs because of difference in religion. May Allah guide and rectify all our affairs. (Ᾱmin),
Inshā’ Allāh, we shall continue the discussion in our next class.
Jazākumullāhu Khayran for reading today’s lesson.
Yours in Islām
©Busari Muhammad Jamiu (Abū ‘Ᾱishah)
The Founder/Instructor
+2348023670884, +2348153520182
https://sites.google.com/view/alfaraidestateconsultsnigeria
Facebook: https://www.facebook.com/alfaraidonlineforum
Telegram: https:///alfaraidonlineforum
YouTube Channel: https://www.youtube.com/channel/UCXtdERlQNrLOK6f9y2hxNyA

JAZAKALLAH