Murderer inheriting from victim
Question
A person hired someone to kill his father, so that he can get the inheritance. The hitman killed the father. Does the son inherit?
Answer
In the queried scenario, the son will not inherit. If it is proven that the murderer acted on behalf of the son, then the murder will be attributed to the son, hence he will not inherit from his murdered father’s estate.
References (Arabic / Urdu sources)
قَوْلُهُ وَلَا يَرِثُ أَرْبَعَةٌ الْمَمْلُوكُ وَالْقَاتِلُ مِنْ الْمَقْتُولِ وَالْمُرْتَدُّ وَأَهْلُ الْمِلَّتَيْنِ (الجوهرة النيرة ص303 ج2)
- Answered by
- Mufti Mohammed Desai
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Ifta Ibn Masood — https://fataawa.co.za/murderer-inheriting-from-victim/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-27732