Murtad Inheriting From A Muslim

A family owns a property in Johannesburg and there are many heirs who receive rental income from it. The property is in the process of being sold Insha’Allah. My late brother has two children, a son and a daughter, who are no longer Muslim. His daughter’s whereabouts are unknown, hence, I pass over my late brother’s share to his son.

Q1) Whatever rental I have given my nephew thus far, was this permitted?

A1) If you are absolutely certain that your nephew and niece have become renegades (Murtad), then it was not permissible for you to give the rentals to them since a disbeliever (Kaafir) cannot inherit from a Believer (Mu’min) and vice versa.

عن أُسَامَةَ بْنِ زَيْدٍ، أَنَّ النَّبِىَّ صلى الله عليه وسلم ، قَالَ: لا يَرِثُ الْمُسْلِمُ الْكَافِرَ، وَلا الْكَافِرُ الْمُسْلِمَ (صحيح البخاري 2/1001)

وَاخْتِلَافُ الدِّينِ أَيْضًا يَمْنَعُ الْإِرْثَ وَالْمُرَادُ بِهِ الِاخْتِلَافُ بَيْنَ الْإِسْلَامِ وَالْكُفْرِ بِقَوْلِهِ – صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ – «لَا يَرِثُ الْمُسْلِمُ الْكَافِرَ وَلَا الْكَافِرُ الْمُسْلِمَ» ، وَأَمَّا اخْتِلَافُ مِلَلِ الْكُفَّارِ كَالنَّصْرَانِيَّةِ وَالْيَهُودِيَّةِ وَالْمَجُوسِيَّةِ وَعُبَّادِ الْوَثَنِ فَلَا يَمْنَعُ الْإِرْثَ حَتَّى يَجْرِيَ الْمِيرَاثُ بَيْنَ الْيَهُودِيِّ وَالنَّصْرَانِيِّ وَالْمَجُوسِيِّ؛ لِأَنَّ الْكُفْرَ كُلَّهُ مِلَّةٌ وَاحِدَةٌ (البحر الرائق 8/500)

Q2) If not, do I have to redistribute it from my side to the rightful heirs?

A2) Since, the rightful heirs did not receive their shares, it will be necessary for you to redistribute the rental amount to the correct heirs.

Q3)  My late brother’s wife has passed away. We have a sister who is living and she has three daughters and one son. One of our brother’s passed away, and is survived by one son and one daughter, and me. Which of us qualify as heirs?

A3) According to the information provided regarding the heirs, your Marhoom brother’s heirs are you and your sister. You will inherit 66.67% and your sister will inherit 33.33%.

Q4) When the property is sold, will I give my late brother’s share to his son, or to the heirs mentioned above?

A4) Once the property is sold, your Marhoom brother’s share cannot be given to his children as they are out of the fold of Islam, according to the information provided in the query. Hence, your Marhoom brother’s share will be distributed according to the percentages provided above.

In conclusion, we advise that you should request an Aalim or some family member to continuously invite your nephew and niece to revert to Islam.

May Allah Ta’ala guide them back to the Deen of Islam Insha’Allah, Aameen!

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:

Mufti Abdul Kader Fazlani

Date: 22 Shawwaal 1447 / 11 April 2026

CHECKED AND APPROVED BY:

Mufti Yacoob Vally Saheb