Does a just ruler inherit from his rebellious relative whom he kills?

General Chapter

Al-Mughni

Book of Fighting Rebellious Groups

Book 49 · Issue 2 · Bab 1

Open in Qurani

Primary text

There are two narrations concerning inheritance. The first narration, held by Abu Bakr and the school of Abu Hanifa, states that he inherits because the killing was lawful, thus not preventing inheritance, similar to retribution (Qisas) or killing during Hajj. The second narration, held by Ibn Hamid and the school of Shafi'i, states he does not inherit based on the general statement of the Prophet, peace be upon him: "The killer inherits nothing."

Supporting text

If the rebellious person kills the just ruler, the latter does not inherit from the killer, according to Shafi'i. Abu Hanifa holds the ruler inherits because the killing was based on an interpretation (ta'wil), similar to the just ruler killing the rebellious one.