Can a Muslim inherit or accept a bequest from a non-Muslim?

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Nasihah (Advice): Oppressing in One’s Bequests/Wasiyyah

Sayyiduna Abu Hurayrah radiyallahu anhu reported that Rasulullah (sallallahu alayhi wa sallam) said, “Sometimes a man and a woman live in the obedience of Allah for sixty years then before they die they cause such harm in their bequests that Jahannam becomes warranted for them” (i.e., They cause harm to the heirs by either bequeathing more than one third, or they choose to gift all of their wealth to one heir to deprive the other heirs etc.) [Sunan Tirmidhi]

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Question and Answer:

In South Africa, can a Muslim inherit or accept a bequest from a non-Muslim?

In principle, if a non-Muslim passes away and is survived by Muslims heirs, it will not be permissible for the deceased’s Muslim heirs to inherit from his/her estate. This ruling applies to an Islamic State.

In a secular state, like South Africa, the above ruling does not apply. Hence, if a non-Muslim passes away and is survived by Muslim heirs, it will be permissible for the deceased’s Muslim heirs to inherit from his/her estate.

In the case of a non-Muslim bequeathing from his/her estate to his/her Muslim heirs or any Muslim, it will be permissible for Muslim heirs or Muslims to accept a non-Muslim’s bequest without any limitation to the value of one-third of the estate. A Muslim can accept a bequest from a non-Muslim over and above the one-third value of the estate.

Note: The above ruling is primarily based on the premise that Islamic Laws are not binding on non-Muslims in a non-Muslim/secular state. (Shaami 6/655/Imadaadul Ahkaam 4/627-628)

In terms of non-Muslims inheriting from Muslims or Muslims making bequests in favour of non-Muslims, it is binding upon Muslims to adhere to the Islamic Laws and Principles of Shariah. Therefore, a Muslim cannot make a non-Muslim an heir, and neither can a Muslim bequeath more than one-third of his/her estate to a non-Muslim. Bequests up to the value of one-third of the estate are permitted.

It is necessary (Waajib) upon Muslims living in non-Muslim/secular states to sign an Islamic-compliant Will ensuring that the distribution of their estates is according to the Islamic Laws of Succession and Inheritance.

And Allah Ta’ala Knows Best

Mufti Muhammed Hamza Farooqui

Mufti Taahir Hansa

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)

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