Search In Fatwa

Taking a will or a gift from the inheritance of a non-Muslim parent

Question

As salamu aleikum, I expect, inshallah, to receive my share of my non-Muslim father's inheritance soon, according to his will. Part of this inheritance will be interest, which I, of course, will refuse. The interest will go to my non-Muslim cousin because he is in charge of everything. He has said that he is willing to give me a gift out of this sum of money. Would that be halal?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

It is permissible for you to take the will that your father had made for you, because a Muslim is not prevented from taking a will from a non-Muslim. We have already clarified in Fatwa 96163 that it is permissible for a Muslim to take from the inheritance of a non-Muslim if this is with a will and not as inheritance. Also, it is permissible for you to take the gift that your cousin will give to you whether it is originally from the inheritance of your father or else.

On the other hand, you may take the money that you know is ill-gotten money, like Riba (usurious interest) but with the intention of spending it on its legitimate recipients, like spending it on the poor and needy. If such money is spent on the poor, it is not unlawful for them; rather, it is pure and lawful money for them; it is only regarded as ill-gotten for the one who earned it as he took it unlawfully (without right), but the poor and needy take it legitimately in a lawful way which Allaah has permitted.

You may also spend this money on the general welfare of the Muslims.

For more benefit on the ruling of a Muslim inheriting from a non-Muslim, please refer to Fatwa 189195.

Allaah Knows best.

Related Fatwa