Do people of war (Ahl al-Harb) inherit from each other?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
People of war inherit from one another, whether their territories are unified or disparate. This is the opinion held by Al-Shafi'i.
Supporting text
Abu Hanifa holds that if their territories differ to the extent that each group possesses its own sovereignty and considers the other permissible to kill, then they do not inherit from each other due to the lack of mutual allegiance, resembling the people of the Abode of War. He establishes the unity or disunity of the territory as the determining factor for the validity or invalidity of inheritance.