Question
Is it permissible for a Muslim to receive from the estate of a non-Muslim if he is not included in the will of the non-Muslim?
Answer
بسم الله الرحمن الرحيم
The Shari’ah permits Wasiyah between Muslims and non-Muslims i.e. Wasiyah can be given to a non-Muslim and also can be received from a non-Muslim. Inheritance on the other hand will not take place between a Muslim and non-Muslim as stated in the Hadith of the Prophet ﷺ.
Thus, if a bequest was not made to the Muslim relative he is not entitled to any portion of the estate of his non-Muslim relative i.e. he cannot legally claim.
If however, the heirs of his non-Muslim relative give consent to his inheritance then it would be permissible for him to receive from the estate. This however, would not be regarded as inheritance, rather it would be regarded as Hibah (grant/gift).
And Allah Ta’āla Knows Best
Mufti Kaleem Muhammad
Darul Iftaa, Jaamia Madinatul Uloom
Marabella Trinidad
