Does an apostate inherit from his/her Muslim family?
Question:-
If my sibling left the fold of Islam and the family has now disowned her, then will she inherit? If not, please explain why?
I want to bring her back and the family has been trying. However, I think the ways of approaching the situation of bringing her back into Islam are not working. How do we approach her in the most lovable and respectful manner?
Answer:-
By renouncing one’s religion one becomes a Murtad – an apostate. If one passes away in his/her state of apostasy, then his/her Janaazah Salaah will not be performed, nor will they be given a Muslim burial.
Now, the jurists have written that it is Haraam to be bosom friends with a Murtad or Murtaddah (an apostate whether male or female). If one does befriend an apostate, then he/she will be sinful and required to repent. [Re:- Fataawa Mahmoodiyyah Pg.438 Vol.20] It is perhaps on this basis that your family members have disowned him/her and particularly, due to his/her refusal to return to Islam.
The Hadith of Rasulullah Salallahu Alaihi Wasallam states that a Kaafir does not inherit from a believer, nor does a believer inherit from a Kaafir, hence your sibling will not inherit from his/her Muslim relatives in terms of Shariah.
عن أُسَامَةَ بْنِ زَيْدٍ، أَنَّ النَّبِىَّ صلى الله عليه وسلم ، قَالَ: لا يَرِثُ الْمُسْلِمُ الْكَافِرَ، وَلا الْكَافِرُ الْمُسْلِمَ (صحيح البخاري ص 1001 ج2)
2. I suggest that you, as well as other family members, recite ‘La Hawla Wala Quwwata Illah Billah’ 500 times daily. Before reciting the prescribed Kalimah, recite 100 times Durood Sharif and after completing the recital of the 500, recite Durood Sharif 100 times again. Thereafter, make Dua to Allah Ta’ala with complete devotion and sincerity to guide him/her towards Imaan once again. Try this for at least a month with diligence and we have hope that through the blessings of this prescription, the matter will be resolved by the permission of Almighty Allah.
However, you should keep in mind that, apostasy is generally the consequence of befriending non-Muslims, attending universities, colleges and the harms of acquiring secular education. May Allah Ta’ala guide us all and grant us the understanding. Ameen!
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:-
Mufti Mohammed Desai
Date: 12 Safar 1444 / 09 September 2022