Inheritance of a Murdered Muslim: Sharʿi Ruling on Non-Muslim Relatives
Source: Fatāwā ʿIlmiyyah (Tawḍīḥ al-Aḥkām), Vol. 2, p. 236
Sharʿi Ruling on the Inheritance of the Deceased
Question:
A man named Ghulām Rasūl Sheikh, who had recently embraced Islam from Hinduism, was killed by a man named Iʿjāz ʿAlī. The deceased left behind the following relatives:
❀ (1) Mother, Wasāyo – remaining on Hinduism
❀ (2) Daughter – remaining on Hinduism
❀ (3) One paternal cousin – a Muslim
In light of the Qur’an and Sunnah, who will be considered the rightful heir of the deceased in these circumstances?
Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ʿAmma Baʿd!
In an authentic ḥadīth, the Prophet ﷺ said:
«لا یرث المسلم الکافر و لا الکافر المسلم»
“A Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim.”
(Ṣaḥīḥ al-Bukhārī: 6764, Ṣaḥīḥ Muslim: 1614)
In light of this ḥadīth, since the deceased (Ghulām Rasūl Sheikh) had embraced Islam and his close relatives – his mother and daughter – remained on Hinduism, they will not be entitled to his inheritance, as a non-Muslim cannot inherit from a Muslim.
Therefore, among the deceased’s relatives, the only Muslim – his paternal cousin – will be the rightful sharʿi heir, provided that no closer Muslim relative exists who has a stronger right of inheritance.
ھٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
