Is inheritance established among non-believers (Kuffar) if they share the same religion?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 1 · Bab 5

Open in Qurani

Primary text

Inheritance is established among non-believers provided their religion is one. There is no known disagreement among scholars on this point. The Prophet's saying, "The Muslim does not inherit from the disbeliever," indicates that some disbelievers inherit from one another. Furthermore, the Prophet's statement, "The people of two different religions do not inherit from each other," proves that people of one religion inherit from each other. The narration regarding Abu Talib's inheritance, where the Prophet asked, "Did 'Aqil leave us any dwellings?" shows that 'Aqil inherited from Abu Talib while Ja'far and 'Ali, being Muslims, did not, supporting the principle that shared religion dictates inheritance. 'Umar also ruled that the paternal aunt of Al-Ash'ath ibn Qays is inherited by the people of her religion.