Non-Muslim Does Not Inherit a Muslim Unless He Embraces Islam Before Division of Inheritance

3-6-2019 | IslamWeb

Question:

salam
father religon is islam
daughter religon is crishten
so there is any property given to daughter in islam
Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

It is permissible for the father to gift his Christian daughter in his life whatever he wishes, but if he dies, she does not inherit anything from his inheritance because a non-Muslim does not inherit a Muslim as the Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) said: “A non-Muslim does not inherit a Muslim.” [Al-Bukhari and Muslim]

However, some jurists are of the view that if she embraces Islam before the division of the inheritance on the Muslim heirs, then she inherits with them.

The Fiqh Encyclopedia reads:

“The difference of religion is one of the impediments to inheritance because the inheritance is based on support (being loyal to one another), so a non-Muslim does not inherit a Muslim according to the consensus of the Muslim scholars. If a non-Muslim embraces Islam before the division of the inheritance then he inherits according to Imam Ahmed as a way of softening his heart towards Islam.” [End of quote]

Finally, it should be noted that the Muslim father should strive to invite his Christian daughter to Islam as he may be a reason for saving her from Hellfire.

For more benefit, please refer to Fataawa 358765 and 189195.

Allah knows best.

www.islamweb.net