Is a non-Muslim (Kafir) entitled to inherit from a Muslim?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The scholars are in agreement that a non-Muslim does not inherit from a Muslim. This is the position held by the majority of the Companions (Sahaba) and jurists, including Abu Bakr, Umar, Uthman, Ali, Usama ibn Zayd, and Jabir ibn Abdullah. This view is held by Amr ibn Uthman, Urwah, Zuhri, Ata, Tawus, Hasan, Umar ibn Abd al-Aziz, Amr ibn Dinar, Thawri, Abu Hanifa and his companions, Malik, Shafi'i, and the majority of jurists. This is the ruling upon which practice is based. The evidence is the established Hadith narrated by Usama ibn Zayd that the Prophet, peace be upon him, said: 'The non-believer does not inherit from the believer, nor does the believer inherit from the non-believer' (Agreed upon). Another Hadith narrated by Abu Dawud states: 'The people of two different religions do not inherit from each other.' Furthermore, the legal guardianship (Wala'ah) is severed between a Muslim and a non-Muslim, thus preventing inheritance, just as a non-Muslim does not inherit from a Muslim.
Supporting text
It is narrated from Umar, Mu'adh, and Mu'awiya that they inherited from a non-Muslim to a Muslim, but not vice versa. This view is also attributed to Muhammad ibn al-Hanafiyyah, Ali ibn al-Husayn, Sa'id ibn al-Musayyib, Masruq, Abdullah ibn Ma'qil, Sha'bi, Nakha'i, Yahya ibn Ya'mur, and Ishaq, though this transmission is considered unreliable. Some in this minority group presented evidence suggesting that Islam increases and does not decrease, and cited the difference regarding marriage, but the majority view is that their Hadith is general while the evidence for the majority is specific and agreed upon, making the majority evidence determinative. The authenticated position from Umar is that Muslims do not inherit from people of other religions, nor do they inherit from Muslims. The ruling concerning a freed slave (Mu'taq) whose religion differs from that of his emancipator will be discussed in the chapter on Wala'.