Chapter on Mutual Inheritance When the Religions Differ

A difference of religion occurs when the deceased follows one faith while the heir follows another.

Two specific questions arise under this heading:

Issue One: May a non-Muslim inherit from a Muslim, and may a Muslim inherit from a non-Muslim?

The scholars have advanced four opinions on this matter:

1. There is absolutely no inheritance between a Muslim and a non-Muslim. This is the view held by most jurists, based on the Prophet’s statement: “A Muslim does not inherit from a non-Muslim, nor does a non-Muslim inherit from a Muslim” (agreed upon).

2. Inheritance may take place between a Muslim and a non-Muslim, except with regard to walāʾ (the bond of manumission). The evidence is the ḥadīth: “A Muslim does not inherit from a Christian unless he is his male or female slave,” narrated by al-Dāraquṭnī;