THE FIQH DEPARTMENT

In the Name of Allah, The Most Beneficent, The Most Merciful.
Although every Fiqh opinion is based on evidence, often times, the scholars differ in their views. This room for differences is a mercy from Allah, and as long as there is evidence to support an opinion, then we must respect scholars' views, even if we may not always agree.
The Prophet (SAW) said:
"Whoever performs Ijtihad and errs will receive one reward. Whoever performs Ijtihad and arrives at the correct answer gets double the reward"
(Bukhari) 
Can Muslims Inherit From Non-Muslims? PDF Print E-mail
Fiqh: Islamic Jurisprudence - Death
Written by Abdul-Muhsin Abbad   

The issue of non-Muslims inheriting Muslims is agreed upon, but there is a difference of opinion as to whether Muslims can inherit from non-Muslims or not. The majority of scholars hold the opinion that they cannot inherit due to the general saying of the Messenger of Allaah in the Hadeeth of Usaamah ibn Zaid that was collected by both Bukharee and Muslim:

"A Muslim cannot inherit from a non-Muslim, nor can a non-Muslim inherit from a Muslim."

The second opinion is that a Muslim can inherit from a non-Muslim but not vice versa, meaning that a non-Muslim cannot inherit from a Muslim. They support their opinion by applying Qiyaas with the issue of marrying women from the 'People of the Book', that we are permitted to marry from their women while they are not permitted to marry from ours, so therefore we can inherit from them while they cannot inherit from us. They also use the Hadeeth:

"Islaam ascends/overpowers and cannot be overpowered"

Along with the Hadeeth:

"Islaam increases and does not decrease."

The correct opinion is that there is no inheritance between Muslims and non-Muslisms due to the authentic Hadeeth which was agreed upon by both Bukharee and Muslim.

 

Shaykh Abdul-Muhsin Abbad