Darul Ifta Ibn Masood

Wasiyyat of a non-Muslim in favour of a Muslim

· 11 Safar 1444 AH2 min readEnglish

Question

By law, I will receive half of my parent’s estate as they have stipulated it in their will. We are two siblings and I am a Muslim. If it’s not permissible to inherit from my parents, how should I dispose of this “inheritance”? Can my husband dictate as to what should be done with the money, if I have to dispose of it? He has family who do not work, nor do they make an effort to find work, nor do they perform Salaah. I would rather give the money to pious and needy people if I have to give it away.

PS.

My father’s income was of a Halaal nature but he invested some of his money in a scheme that I doubt is Halaal. ( I’m not sure if this has any bearing on the answer).

Answer

It is recorded in a narration of Bukhari Sharif that a Muslim does not inherit from a Kaafir, nor does a Kaafir inherit from a Muslim.

However, in your particular instance it seems that your parents bequeathed 50% of their estate in your favour which was specifically documented in their Will. The 50% in this instance was not given to you by virtue of being an heir in their estate (as you do not inherit from non-Muslims), rather it was paid out to you by virtue of being the beneficiary of their bequest in our understanding, or else there was no need to stipulate your name as an heir. Hence, there is no harm in keeping the funds and utilizing it as you wish as the Shariah permits a Kaafir to make a Wasiyyah for a Muslim. We have consulted in this matter with both an attorney and an accountant who are actively involved in winding up of estates and both have stated that the 50% bequeathed on your behalf will fall into the category of a Wasiyyah, which concurs with our view as well.

If more than 51% of your father’s income was from Halaal sources, then you may utilize the funds.

Your husband cannot dictate to you as to what should be done with funds as you are the owner of the funds. Yes, if you are willing to spend the funds as per his request (without being coerced into doing so), then there is no harm in that.

References (Arabic / Urdu sources)

عن أُسَامَةَ بْنِ زَيْدٍ، أَنَّ النَّبِىَّ صلى الله عليه وسلم ، قَالَ: لا يَرِثُ الْمُسْلِمُ الْكَافِرَ، وَلا الْكَافِرُ الْمُسْلِمَ (صحيح البخاري ص 1001 ج2)

وَاخْتِلَافُ الدِّينِ أَيْضًا يَمْنَعُ الْإِرْثَ وَالْمُرَادُ بِهِ الِاخْتِلَافُ بَيْنَ الْإِسْلَامِ وَالْكُفْرِ بِقَوْلِهِ – صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ – «لَا يَرِثُ الْمُسْلِمُ الْكَافِرَ وَلَا الْكَافِرُ الْمُسْلِمَ» ، وَأَمَّا اخْتِلَافُ مِلَلِ الْكُفَّارِ كَالنَّصْرَانِيَّةِ وَالْيَهُودِيَّةِ وَالْمَجُوسِيَّةِ وَعُبَّادِ الْوَثَنِ فَلَا يَمْنَعُ الْإِرْثَ حَتَّى يَجْرِيَ الْمِيرَاثُ بَيْنَ الْيَهُودِيِّ وَالنَّصْرَانِيِّ وَالْمَجُوسِيِّ؛ لِأَنَّ الْكُفْرَ كُلَّهُ مِلَّةٌ وَاحِدَةٌ (البحر الرائق ص500 ج8)

الْحَرْبِيُّ الْمُسْتَأْمَنُ إذَا أَوْصَى لِلْمُسْلِمِ وَالذِّمِّيِّ يَصِحُّ فِي الْجُمْلَةِ غَيْرَ أَنَّهُ إنْ كَانَ دَخَلَ وَارِثُهُ مَعَهُ فِي دَارِ الْإِسْلَامِ فَأَوْصَى بِأَكْثَرَ مِنْ الثُّلُثِ وُقِفَ مَا زَادَ عَلَى الثُّلُثِ عَلَى إجَازَةِ وَارِثِهِ، وَإِنْ لَمْ يَكُنْ لَهُ وَارِثٌ أَصْلًا تَصِحُّ مِنْ جَمِيعِ الْمَالِ كَمَا فِي الْمُسْلِمِ وَالذِّمِّيِّ، وَكَذَلِكَ إذَا كَانَ لَهُ وَارِثٌ لَكِنَّهُ فِي دَارِ الْحَرْبِ. (الفتاوي الهندية ص132 ج6)

Answered by
Mufti Mohammed Desai
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Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-19778

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