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Inheriting from non-Muslim parents

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JAMIATUL ULAMA KZN DAILY Q&A

Nasihah (Advice): Adhere to the teachings of your mainstream Ulama

Rasulullah (Sallallahu Alaihi Wasallam) has said: “Adhere to the Jama’ah (mainstream Ulama and Ummah) and beware of finding your own way. For Shaitaan accompanies a lone person and he maintains a distance from two. Whoever wishes to enjoy the opulence of Jannah should adhere to the (Jama’ah) mainstream” (Tirmizi, Hadith #: 2165, Narrated by Ibn Umar)

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Question and Answer:

Q. My mother is not a Muslim. When she passes away, can I inherit from her estate?

A. According to the Islamic Law of Succession and Inheritance, you will not qualify as a legitimate heir to inherit from your mother’s estate. This is due to you being a Muslim and she a non-Muslim. Similarly, your mother will not inherit from you if you have to pass away.

If it is your mother’s wish for you to benefit from her estate after her demise, she may make a bequest (up to one third) in favour of you.

And Allah Knows Best

Mufti Suhail Tarmahomed

Confirmation:

Mufti Ebrahim Desai

Fatwa Department
Jamiatul Ulama (KZN)
Council of Muslim Theologia

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