The Ruling on the Inheritance of an Apostate (Murtadd)
Written by: Imran Ayub Lahori
❖ Difference of Opinion
- Imām Abū Ḥanīfah, Abū Yūsuf, and Muḥammad (رحمهم الله):
The Muslim heirs will inherit whatever the apostate had earned during his state of Islam, while whatever he earned during apostasy will go to the Bayt al-Māl. - The Majority (Mālikiyyah, Shāfiʿiyyah, and Ḥanābilah):
Just like an original disbeliever, neither can an apostate inherit from a Muslim, nor can a Muslim inherit from him. All of his estate, whether acquired during Islam or during apostasy, will go to the Bayt al-Māl.
[al-Qawānīn al-Fiqhiyyah, p. 394; Mughnī al-Muḥtāj: 3/25; al-Mughnī: 6/298]
❖ Preferred View
- The view of the majority is the stronger (rājiḥ) opinion.
- Imām al-Shawkānī (رحمه الله) also held this view.
[Nayl al-Awṭār: 4/142]
