Usama b. Zaid reported God’s Messenger as saying, “A Muslim may not inherit from an infidel or an infidel from a Muslim.” (Bukhari and Muslim.)
Textual Analysis
The noble hadith from Usama ibn Zaid (may Allah be pleased with him) establishes a fundamental principle in Islamic inheritance law. The Prophet Muhammad (peace be upon him) explicitly states: "A Muslim may not inherit from an infidel or an infidel from a Muslim." This prohibition creates a barrier of inheritance between Muslims and non-Muslims, regardless of familial relationships.
Legal Ruling and Scholarly Consensus
This ruling represents the consensus (ijma') of the majority of classical scholars across the four Sunni schools of jurisprudence. The prohibition applies reciprocally - Muslims cannot inherit from non-Muslims, nor can non-Muslims inherit from Muslims, even if they are close relatives like parents, children, or siblings.
The wisdom behind this ruling lies in the fundamental difference in spiritual states and legal systems. Inheritance in Islam is not merely a transfer of wealth but a spiritual connection maintained through shared faith. The difference in religious commitment creates an impediment to inheritance rights.
Exceptions and Related Rulings
Some scholars, particularly from the Zahiri school and early Hanafi jurists, permitted inheritance between Muslims and People of the Book (Jews and Christians) based on different interpretations. However, the predominant position remains prohibition.
If a person converts to Islam during their lifetime, their inheritance rights with Muslim relatives are established. However, if death occurs before conversion, the inheritance barrier remains. This ruling applies specifically to inheritance (mirath) and does not prevent voluntary gifts (hiba) or bequests (wasiyya) within the permitted one-third during one's lifetime.
Contemporary Application
In modern contexts where Muslims live as minorities, this ruling requires careful consideration. Scholars emphasize that while the inheritance prohibition stands, Muslims should maintain family ties and may provide for non-Muslim relatives through alternative means such as gifts, trusts, or charitable arrangements that comply with both Islamic principles and local laws.