Muslim/Non-Muslim Inheritance
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Salam and Peace!
Salaam;
?A believer can not inherit (anything from an) infidel and an infidel can not inherit from a Muslim?.
What is the general "Quranist" viewpoint?
Imam Bukhari and Imam Muslima are not Ilah.
We don't have to follow what they compiled, and which can not be proved on Al-Quran.Allah does not declare muslim or non-muslim, when talking about inheritance.
After accepting Islam, still a son is a son of his non-muslim father.
If a non-musilm father excommunicates his son, that is another issue.
But if he gives his reverted son from his property, the son can take.
Allah does not stop him. -
What do you think of this?
The issue only arises if the deceased failed to provide a bequest
?Bequest is prescribed for you when death approaches one of you, if he leaves behind wealth for parents and near relatives, according to usage, a duty (incumbent) upon those who guard (against evil).?
2180
?According to usage? means ?in fairness?, and thus if a non-Muslim son wishes to spend it on alcohol etc. then most likely they will receive much less. I do not see how religion can be a concern, because it is intention to spend that counts. If we deny relatives inheritance due to religion, this violates 2256. Since the Qur?an mandates discretion and judgement anyway, it would be fairer if the intentions/situations of beneficiaries were made clear (or in certain circumstances the expenditure of the bequest may be specified).
The inheritance laws in sura 4 apply if no will is left or to the remainder unaddressed. Unlike in some ayat (e.g. 425) Allah (SWT) makes no distinction between believers and unbelievers. Thus we have no right to deviate from these commandments. Nevertheless, I would say that the Islamic state is under no <i>immediate</i> obligation to allow the non-Muslim relative a bequest. This is because Islam is a deen (system) wherein the adherents are subjected to distinct rights and responsibilities. Allowing non-Muslims Islamic privileges whilst exempting them from certain penalties would be an asymmetric practice. To avoid forcing Muslims to judge between them by the Qur?an, non-Muslims must be able to define their own rights and responsibilities, subject to review, such that peace and fairness are preserved
??if they come to you (seeking judgement), judge between them or turn aside from them, and if you turn aside from them, they shall not harm you in any way; and if you judge, judge between them with equity; surely Allah loves those who judge equitably. And how do they make you a judge when they have the Taurat wherein is Allah's judgment??
542-43
In the case of a Muslim passing away and a non-Muslim has a criminal record, there may be any number of legal procedures implemented to determine if and what he-or-she is to receive. The share may be passed to a nominated trustee to guard the money lest it be spent on wasteful or harmful ventures, or a ?character/situation assessment? (considering also the person?s preferences and intentions) may be undertaken with the witness of other relatives. This is solely for the sake of an efficient and fair distribution of wealth, though being recognised as ?Muslim? does not necessarily make one a good person. Recall that this applies only if the non-Muslim has a criminal record, and therefore that Muslims with a criminal-record may be subject to the same or a similar process. People should be encouraged to enact bequests before they pass.
This is a good place to expand
Non-Muslims living in an Islamic society would have to request that they possess specific legal precepts, and to work under the supervision of authorities to establish a fair and compatible system.
Please note that under the supervision of an Islamic system, non-Muslim courts would operate in a similar manner although certain punishments (e.g. that for adultery) would be different (perhaps depending on circumstance). A person?s background should be considered (425). Any crime committed by non-Muslims against Muslims would be the same as vice-versa, and ultimately ?non-Muslim courts? would be a set of considerations based on differences in the emphasis on particular social-values (e.g. marriage (243)). Acts such as murder, stealing, rape etc. would be treated the same regardless of legal religious status.
This is in accordance with the Qur?anic principles of freedom-of-belief and equity.