By: Mufti Ebrahim Desai
Ameer, Darul Iftaa
Faculty of Jurisprudence & Islamic Verdicts
12 January 2013
Is it permissible to exclude an estranged child from one's will if one suspects that the child is no longer a Muslim?
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuhu;
In principle, every legitimate Muslim child will inherit from ones Muslim parents even though such a child is estranged for some reason or the other. If the child is a non-Muslim, he/she will not inherit from ones Muslim parents’ estate. A decision should not be based on suspicion. It should be confirmed whether the child is a Muslim or not upon the death of the parents. If a child was a non-Muslim before the death of the parents but also reverted to Islam before the death of the parents, the child will inherit. If one suspects one child being a non-Muslim, that may be recorded in the will and a mechanism should be put in place to determine the religion of the child in order to determine his/her legitimacy of being an heir of the estate.