Does an apostate (Murtadd) inherit from anyone, or is he inherited from?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 4 · Bab 5

Open in Qurani

Primary text

There is no known scholarly disagreement that an apostate does not inherit from anyone. This is the position of Malik, Al-Shafi'i, and the Companions of Opinion (Ahl al-Ra'y). The apostate does not inherit from a Muslim based on the saying of the Prophet, "A disbeliever does not inherit from a Muslim." Furthermore, he does not inherit from a disbeliever because he opposes him in the ruling of his religion, as he will not be permitted to remain in his disbelief, meaning the status of the religion he shifted to is not established for him. Consequently, their slaughtered animals are not permissible, nor is marriage to their women, even if they move to the religion of the People of the Book. Additionally, the established property and stability of the apostate are nullified, so establishing a new ownership for him is even less likely.

Supporting text

If two individuals who would otherwise inherit from each other both apostatize, and one dies, the other does not inherit from him because an apostate does not inherit. However, if the apostate reverts to Islam before the inheritance is distributed, the inheritance share is allocated to him.