Q: I am a convert to Islam, a single mother and have three children.My question is regarding what happens with my mother and brother who are not Muslim in regards to my will. Would they inherit from me?Also, my oldest daughter has rejected Islam but I pray she will return in sha Allah. Would she still inherit from me if she does not come back to her deen at the time of my death? I would appreciate your advice
الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب
A: The scholars are in agreement that a non Muslim cannot inherit from a Muslim and vice versa according to the Islamic law of inheritance. This is based on the hadith narrated by Imam Bukhari in which the Prophet (Peace and Blessings of Allah be upon him) said: “The believer does not inherit from a disbeliever and the disbeliever does not inherit from a believer.” However a Muslim can leave a bequest in favor of a non Muslim family member/friend provided the bequest does not exceed 1/3 of the total estate. You may also gift them some of your wealth during your life time as an alternative. The same ruling applies to someone who has left Islam and does not return to it by the time of the death of a Muslim relative such as a parent etc