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Can I inherit from my non-Muslim parents as a Muslim?

Frances (Appleton) Longfellow to Anne Longfellow Pierce, 3 January 1844 (fb63991b-c65c-4ba6-9824-1f820d0e894a)
Photo: Fanny (Appleton) Longfellow (1817-1861), Public domain via Wikimedia Commons

No, not as Islamic inheritance, according to most scholars. A hadith says Muslims and non-Muslims don't inherit from each other. But that doesn't mean you walk away with nothing. Gifts during your parents' lifetime are fine, and many scholars allow you to accept what a non-Muslim parent leaves you in a will. Scholars differ on the details, so ask a local scholar.

The hadith

The Prophet Muhammad ﷺ said: "A Muslim cannot be the heir of a disbeliever, nor can a disbeliever be the heir of a Muslim" (Sahih al-Bukhari 6764).

In Islamic law, inheritance (mirath) follows fixed shares between relatives who share the faith. Based on this hadith, most scholars say a Muslim isn't one of the fixed heirs of a non-Muslim parent.

A minority view

A few early figures, such as Mu'adh ibn Jabal and Mu'awiyah, and some later scholars, held that a Muslim may inherit from a non-Muslim relative, but not the other way around. Most scholars didn't accept this view, but it shows the question has been discussed for centuries.

What is allowed

  • Gifts during their life: your parents can give you money, property or help with a house. Gifts aren't inheritance.
  • A bequest in their will: many scholars say you may accept what a non-Muslim parent deliberately leaves you in a will, as a gift rather than an Islamic inheritance share.
  • Sentimental items: photos, letters and keepsakes are no problem.

What about Western inheritance law?

In the USA, UK and Europe, if a parent dies without a will, the law may give their estate to their children automatically, including you. Scholars differ on what a Muslim should do in that case. Some say you may accept what the law gives you; others recommend taking only what was clearly intended for you, or giving the rest to charity or to other relatives. This is a good question to bring to a scholar who knows your country's law.

Planning your own estate

The same hadith works the other way: your non-Muslim relatives won't be fixed heirs in your Islamic will. But you can still leave them something as a bequest. Scholars say a Muslim may bequeath up to one third of the estate to people outside the fixed shares, including non-Muslim family.

See also Can I be buried next to my non-Muslim family as a Muslim? for why an Islamic will matters.

Money can strain families. Don't make your parents feel judged or pressured about their estate. Thank them for what they give, and focus on the relationship while they're alive.

Key points
  • Most scholars: no Islamic inheritance between Muslims and non-Muslims.
  • Gifts during life are fine.
  • Many scholars allow accepting a bequest from a non-Muslim parent.
  • Ask a local scholar about your country's inheritance law.
Tip: If your parents ask how to include you, gently suggest naming you in their will. It's clearer for everyone than relying on default inheritance law.

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