Does a Shiah inherit from a Muslim?

Category: 

Inheritance

According to Madhhab: 

Hanafi

Reference: 

1441-328

Question: 

A person's sister has married a Shia man and is now following Shiasm apparently.

The family would like to know if this sister would inherit in the event of her father passing away. 


Answer: 

In this time and era, majority of the shias, due to the wrong and unislamic beliefs are considered to be out of the fold Islam rendering them a kaafir and murtad (one who has left the fold of Islam after believing).

After establishing with surety that the said lady is following the shia faith and there is a change in her previous beliefs, the inheritance will also be altered (meaning that she will not then qualify for inheritance), despite the deceased person being her father. In the laws of inheritance, a murtad and kaafir cannot inherit from Muslim relatives.i

AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Mohmmad Anas Khan 

CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B. 

Islamic Date:٦ جمادى الأولى ٤١١٤ 

English Date: 22 January 2020

i )وموانعه( )واختلاف الدين( إسلاما وكفرا)الدر مع الرد ٦ / ٧٦٧ ) * )ومما يتصل بهذا الباب ميراث المرتد( المرتد لا يرث من مسلم ولا من مرتد مثله)الفتاوى الهندية ٦ / 455 )

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