Hadith Text & Reference

The Prophet (ﷺ) said: "A Muslim may not inherit from an infidel nor an infidel from a Muslim." (Sunan Abi Dawud 2909)

Legal Ruling & Significance

This hadith establishes a fundamental principle in Islamic inheritance law: mutual exclusion between Muslims and non-Muslims in matters of inheritance. The prohibition applies in both directions, preventing inheritance across religious boundaries.

This ruling is derived from the Book of Shares of Inheritance (Kitab Al-Fara'id) and reflects the concept of religious brotherhood (ukhuwwah islamiyyah) taking precedence over blood relations in matters of divine law.

Scholarly Commentary

Classical scholars explain that this prohibition stems from the different legal systems governing Muslims and non-Muslims. Islamic inheritance laws are divinely ordained and form part of the complete system of Shariah, while non-Muslims follow different inheritance systems.

Imam Al-Nawawi states: "The wisdom behind this prohibition is the preservation of religious boundaries and preventing the intermixing of halal and haram wealth between the two communities."

This ruling applies regardless of the closeness of the relationship - whether parent-child, siblings, or other relatives. The barrier of faith supersedes all blood ties in matters of inheritance.

Exceptions & Related Rulings

Some scholars made exceptions for cases where a non-Muslim converts to Islam during the deceased's lifetime, in which case inheritance becomes permissible.

Additionally, this prohibition does not prevent voluntary gifts (hibah) given during one's lifetime, as these fall outside the rules of compulsory inheritance.

The majority position among classical scholars is that this ruling applies to all forms of inheritance, whether through prescribed shares (fara'id) or residual inheritance (ta'sib).