Can an heir residing in the abode of Islam inherit property from a belligerent owner who died while under safe conduct in the abode of war?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If the heir resides in the abode of Islam, the heir inherits the property. The opinion that inheritance is blocked due to the difference between the two abodes is rejected. Inheritance is permitted because both parties share the same religion, allowing inheritance as if they were both Muslims.
Supporting text
If the protected belligerent dies while under safe conduct within the abode of Islam, the ruling is the same as if he died in the abode of war, because the protected belligerent (*musta'man*) is a belligerent to whom the rules governing belligerents apply.