Inheritance

By: Mufti Ebrahim Desai

Ameer, Darul Iftaa

Faculty of Jurisprudence & Islamic Verdicts

12 January 2013

 

Question:

Is it permissible to exclude an estranged child from one's will if one suspects that the child is no longer a Muslim?

 

Answer:

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.

 

 

KHARWASTAN

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