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Can a Muslim inherit or accept a bequest from a non-Muslim?

no name given · Jamiatul Ulama KZN – Council of Muslim Theologians (Suedafrika) · 2026-09-29 · Durban · Source

Responsibility · main message Justice · carrying Knowledge

In a secular state, Muslims may accept inheritances and testamentary dispositions from non-Muslims without the Islamic one-third limitation, while they themselves remain bound by the Islamic inheritance law order when distributing their own estate.

In a secular state, such as South Africa, the above ruling does not apply. Therefore, if a non-Muslim dies and is survived by Muslim heirs, it is permissible for the Muslim heirs of the deceased to inherit from his/her estate.

The text is an Islamic legal fatwa from South Africa on the question of whether Muslims may accept inheritances or testamentary dispositions from non-Muslims. It distinguishes between an Islamic state and a secular state such as South Africa. In an Islamic state, it is not permissible for Muslim heirs to inherit from the estate of a non-Muslim. In a secular state, this restriction does not apply, because Islamic laws do not bind non-Muslims there. A testamentary disposition by a non-Muslim in favour of a Muslim may be accepted without the limitation to one-third of the estate. Conversely, Muslims are obliged to adhere to the Islamic inheritance law order. A Muslim may not make a non-Muslim an heir and may not bequeath more than one-third of his estate to a non-Muslim. It is described as obligatory to sign an Islamically compliant will in non-Muslim states.

Worldview

what this means
What, according to this text, is the root of the evil?
Ignorance, illusion, a false view of reality (inferred)
Where does the evil reside?
in the economy, politics, or social structures
What helps against it?
keeping the commandments, maintaining order, fulfiling one's duties; insight, learning, enlightenment, right understanding
What is human being according to this text?
willed by God, with a task and a responsibility
Where is history heading?
the message stands outside of history
What does the text base its claim on?
on the founder or prophet of the tradition; on tradition, the fathers, an established practice
To whom does the text's call for devotion apply?
to one's own fellow believers
Where is the text's criticism directed?
at one's own community and at oneself

Related texts from other traditions

by similarity of the analysis, one text per tradition

What the text calls for

Passages cited

Sunan Tirmidhi

Measured

Basic stance
0 from -2 to 2
Insistence
1 of 3
Reach
3 of 5
Concreteness
3 of 3
Boundary
2 of 3, named: Nicht-Muslime
Time
past 1, present 3, future 1

Analysed with qwen3.8-27b, version v3. The same standards apply to every tradition, see Values.

Show the full text
Nasihah (Advice): Oppressing in One’s Bequests/Wasiyyah Sayyiduna Abu Hurayrah radiyallahu anhu reported that Rasulullah (sallallahu alayhi wa sallam) said, “Sometimes a man and a woman live in the obedience of Allah for sixty years then before they die they cause such harm in their bequests that Jahannam becomes warranted for them” (i.e., They cause harm to the heirs by either bequeathing more than one third, or they choose to gift all of their wealth to one heir to deprive the other heirs etc.) [Sunan Tirmidhi] ______________________________ Question and Answer: In South Africa, can a Muslim inherit or accept a bequest from a non-Muslim? In principle, if a non-Muslim passes away and is survived by Muslims heirs, it will not be permissible for the deceased’s Muslim heirs to inherit from his/her estate. This ruling applies to an Islamic State. In a secular state, like South Africa, the above ruling does not apply. Hence, if a non-Muslim passes away and is survived by Muslim heirs, it will be permissible for the deceased’s Muslim heirs to inherit from his/her estate. In the case of a non-Muslim bequeathing from his/her estate to his/her Muslim heirs or any Muslim, it will be permissible for Muslim heirs or Muslims to accept a non-Muslim’s bequest without any limitation to the value of one-third of the estate. A Muslim can accept a bequest from a non-Muslim over and above the one-third value of the estate. Note: The above ruling is primarily based on the premise that Islamic Laws are not binding on non-Muslims in a non-Muslim/secular state. (Shaami 6/655/Imadaadul Ahkaam 4/627-628) In terms of non-Muslims inheriting from Muslims or Muslims making bequests in favour of non-Muslims, it is binding upon Muslims to adhere to the Islamic Laws and Principles of Shariah. Therefore, a Muslim cannot make a non-Muslim an heir, and neither can a Muslim bequeath more than one-third of his/her estate to a non-Muslim. Bequests up to the value of one-third of the estate are permitted. It is necessary (Waajib) upon Muslims living in non-Muslim/secular states to sign an Islamic-compliant Will ensuring that the distribution of their estates is according to the Islamic Laws of Succession and Inheritance. And Allah Ta’ala Knows Best Mufti Muhammed Hamza Farooqui Mufti Taahir Hansa (The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) Fatwa Department Jamiatul Ulama (KZN) Council of Muslim Theologians 223 Alpine Road, Overport Durban, South Africa Tel : +27 (0) 31 2077099 Email: fatwa@jamiat.org.za Fax : +27(0) 31 2074163 Website : www.jamiat.org.za