Do members of the same religious group inherit from each other even if they reside in different territories?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The established legal position is that members of a single religious community inherit from one another, regardless of the territories where they reside. This is based on the general comprehensiveness of the scriptural texts, as no specific text, consensus (Ijma), or valid analogy (Qiyas) has restricted this principle. The implied meaning of the Prophet's statement, "People of two disparate religions do not inherit from each other," indicates that people of one religion do inherit. The limitation of inheritance by religion into Kufr (disbelief) and Islam confirms that religion is the proper criterion. If the condition for inheritance is met, it must be upheld unless evidence proves the existence of a barrier. Evidence supporting the application of inheritance among co-religionists even across borders is found in the precedent where the blood money (Diyah) for two individuals killed in Medina, who were under the protection of a pact, was sent to their leaders for delivery to their heirs.
Supporting text
A dissenting view held by Al-Qadi, which aligns with the established position of Al-Shafi'i, is that a belligerent (Harbi) does not inherit from a Dhimmi, nor a Dhimmi from a Harbi, because their allegiance is severed. However, both the people of war and the people of the Islamic abode inherit from a resident alien (Musta'min). Abu Hanifa agrees with Al-Shafi'i except that a Dhimmi cannot inherit from a Musta'min because their domains differ.