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Can Muslims inherit from non-Muslims?

Can Muslims inherit from non-Muslims?
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October 01, 2024
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Are Muslims allowed to inherit from their non-Muslim relatives?

The European Fatwa Council issued a statement saying:

Muslims are allowed to inherit from their non-Muslim relatives and accept bequests. There is no contradiction between this Fatwa and the Hadith in which the Prophet (peace be upon him) said:

“Muslim is not allowed to inherit from the non-Muslim and the non-Muslim is not allowed to inherit from the Muslim”.

The non-Muslim that is meant is he/she that fights against Islam. We should also note that in the early times of Islam Muslims were not deprived of inheritance from their non-Muslim relatives. This is actually the opinion absorbed by some of the Companions e.g. Muadh Ibn Jabal and Muawiyah Ibn Abu Sufian. That opinion was also held by some of the Followers e.g. Sayid Al-Musaiab, Muhammad Ibn Al-Hanifah, Abu Jaafar Al-Bakr and Masrouk Ibn Al-Ajdaa. Sheik of Islam Ibn Taimiah and Ibn Al-Qaiam also preferred it.

Can a non-Muslim inherit from a Muslim?

In Islamic law, which is based on the principles of Sharia, non-Muslims generally cannot inherit from Muslims. This is a rule derived from certain hadiths, which emphasise that inheritance is only shared among Muslims. However, inheritance laws can vary by country depending on the legal system in place. Some countries apply Sharia directly, while others have modified inheritance laws.

That being said, Muslims are often allowed to give a portion of their estate, up to one-third, through the maximum (a third) they can bequest to non-heirs, which could include non-Muslims. This is a way to provide for non-Muslim relatives or others if desired. The remaining two-thirds would be distributed according to Islamic inheritance rules.

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Shaykh Haytham Tamim is the founder and main teacher of the Utrujj Foundation. He has provided a leading vision for Islamic learning in the UK, which has influenced the way Islamic knowledge is disseminated. He has orchestrated the design and delivery of over 200 unique courses since Utrujj started in 2001. His extensive expertise spans over 30 years across the main Islamic jurisprudence schools of thought. He has studied with some of the foremost scholars in their expertise; he holds some of the highest Ijazahs (certificates) in Quran, Hadith (the Prophetic traditions) and Fiqh (Islamic rulings). His own gift for teaching was evident when he gave his first sermon to a large audience at the age of 17 and went on to serve as a senior lecturer of Islamic transactions and comparative jurisprudence at the Islamic University of Beirut (Shariah College). He has continued to teach; travelling around the UK, Europe and wider afield, and won the 2015 BISCA award (British Imams & Scholars Contributions & Achievements Awards) for Outstanding Contribution to Education and Teaching.

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