Fatwa: # 17231
Category: Inheritance
Country: South Africa
Date: 24th October 2008

Title

Is it permissible to exclude an estranged child from one's will if one suspects that the child is no longer a Muslim?

Question

Is it permissible to exclude an estranged child from one's will if one suspects that the child is no longer a Muslim?

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatoh

 

In principle, every legitimate Muslim child will inherit from ones Muslim parents even though such a child is estranged for some reason or the other. If the child is a non-Muslim, he/she will not inherit from ones Muslim parents’ estate. A decision should not be based on suspicion. It should be confirmed whether the child is a Muslim or not upon the death of the parents. If a child was a non-Muslim before the death of the parents but also reverted to Islam before the death of the parents, the child will inherit. If one suspects one child being a  non-Muslim, that may be recorded in the will and a mechanism should be put in place to determine the religion of the child in order to determine his/her legitimacy of being an heir of the estate.

 

And Allah Ta'ala Knows Best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa

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