Source: Islami Qanoon-e-Wirasat by Maulana Abu Nu’man Basheer Ahmad
Define a Qaidī (prisoner) and explain the ruling concerning his inheritance.
A Qaidī refers to a Muslim who is held captive or imprisoned by non-Muslims.
The prisoner may fall under one of three possible conditions, each with its own ruling:
① Muslim:
If he remains firm upon the religion of Islam, his ruling is the same as that of any other Muslim regarding inheritance.
② Apostate (مرتد):
If he abandons Islam, the ruling applicable to an apostate will apply to him.
③ Of Unknown Status (مجهول الحال):
If there is no knowledge of his condition (whether he remains Muslim or not), then he is treated like a missing person (mafqūd) in matters of inheritance.
Musnad Ahmad, Vol. 1, p. 79
Jāmi‘ al-Tirmidhī, Kitāb al-Farā’iḍ, Chapter: Mā Jā’a fī Mīrāth al-Ikhwah min al-Ab wa al-Umm, Hadith: 2095
① A Muslim prisoner inherits and is inherited from like any Muslim.
② An apostate prisoner loses inheritance rights under Islamic law.
③ If his religious state is unknown, rulings of mafqūd (missing person) are applied.
Ruling on the Prisoner (قیدی) in Islamic Inheritance Law
❖ Question:
Define a Qaidī (prisoner) and explain the ruling concerning his inheritance.
✿ Answer:
Definition of Qaidī (قیدی):
A Qaidī refers to a Muslim who is held captive or imprisoned by non-Muslims.
❖ Ruling Regarding Inheritance (حکمِ میراث):
The prisoner may fall under one of three possible conditions, each with its own ruling:
① Muslim:
If he remains firm upon the religion of Islam, his ruling is the same as that of any other Muslim regarding inheritance.
② Apostate (مرتد):
If he abandons Islam, the ruling applicable to an apostate will apply to him.
③ Of Unknown Status (مجهول الحال):
If there is no knowledge of his condition (whether he remains Muslim or not), then he is treated like a missing person (mafqūd) in matters of inheritance.
Musnad Ahmad, Vol. 1, p. 79 Jāmi‘ al-Tirmidhī, Kitāb al-Farā’iḍ, Chapter: Mā Jā’a fī Mīrāth al-Ikhwah min al-Ab wa al-Umm, Hadith: 2095
Summary:
① A Muslim prisoner inherits and is inherited from like any Muslim.
② An apostate prisoner loses inheritance rights under Islamic law.
③ If his religious state is unknown, rulings of mafqūd (missing person) are applied.
