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Does the time of burial affect inheritance

Nasihah (Advice): A murderer does not inherit

 

Rasulullah Sallallahu Alayhi Wa Sallam said: “A murderer does not inherit (from the estate of his victim)” (Ibn Maajah)

 

Note: If a murderer had killed a person from whom he would have inherited (for eg. A son kills his father), then he will not receive any share from the victim’s estate.

 

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Question and Answer:

 

  1. My mother is living in the UK and my sister is living in South Africa. My mother passed away in the UK and she was buried after three days. Unfortunately, my sister passed away one day after my mother passed away but she was buried on the same day. She was buried two days before my mother was buried. Who inherits from who as the burial times were different?

 

  1. In the enquired case, since your mother passed away first and subsequently your sister passed away thereafter, you sister will inherit from your mother and not vice versa even though your mother was buried after your sister’s burial. The Islamic Laws of Succession and Inheritance revolves around the time of the death of a person and not at the time of a burial of a person.

 

You may contact the Fatwa Department for a detailed distribution of the respective estates.

 

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

 

Confirmation:

Mufti Ebrahim Desai

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