Wednesday, 6 December 2006

Inheritance & Bequests Involving Non-Muslims

According to the majority of the Sahabah RA and the Tabi'in RA, Muslims do not inherit from their non-Muslim relatives based on the following Hadith:

Usama bin Zaid RA narrates that Rasulullah SAW said:

"A Muslim cannot inherit from his non-Muslim relatives and a non-Muslim will not inherit from his Muslim relatives." (Mishkaat)

However, a Muslim and non-Muslim can make a bequest for a non-Muslim and Muslim respectively. Any bequest made in favour of a Muslim relative by his non-Muslim relative and vice versa will fall in the category of wasiyyat and will be governed by the rules and principles of Wasiyyat. The underlying principle being that the wasiyyat cannot exceed one third of the nett estate after paying funeral expenses and debts.

No comments: