Causes of Disinheritance

Written by: Shaykh Hafiz Abdul Sattar Al-Hammad (May Allah preserve him)

"A Muslim cannot inherit from a non-Muslim, and a non-Muslim cannot inherit from a Muslim."
[Sahih al-Bukhari, Book of Inheritance: Hadith 6764]

Benefits:​

Shari'ah outlines two primary types of disinheritance:
  1. Disinheritance due to the presence of a closer relative: This occurs when a more immediate family member exists, thus causing more distant relatives to be excluded from inheritance. For example, if a son is alive, a grandson (paternal or maternal) would be disinherited. This type of disinheritance is referred to as "Hajb Zat".
  2. Disinheritance due to actions or behaviors: There are several reasons why a person might be disinherited due to their actions, some of which are outlined below:
    • Changing religion or being inherently non-Muslim: As mentioned in the Hadith above, a Muslim cannot inherit from a non-Muslim, and vice versa.
    • When a person murders another: If someone kills another, making Qisas (retribution) or Diyyah (blood money) obligatory, the murderer is disqualified from inheriting from the deceased. As per a Hadith:

      "A murderer cannot inherit from the victim's estate."
      [Sunan al-Tirmidhi, Book of Inheritance: Hadith 2109]
    • When a child is born from adultery: A child born as a result of zina (adultery) will not inherit from the biological father, nor will the adulterer inherit from the child. This is supported by the Hadith:

      "The child belongs to the bed (marital relationship), and the adulterer has nothing to do with it."
      [Sahih al-Bukhari, Book of Combatants: Hadith 6818]

      However, such a child will inherit from the mother, and the mother will inherit from the child, as the Prophet (صلى الله عليه وسلم) established this rule in the case of Laan (the oath of denial between a husband and wife).
      [Sahih Muslim, Book of Lian: Hadith 3743]
 
Back
Top