Al-wasiyyah (Bequest)and the non-Muslim Heirs

Bismillāhi Raḥmāni Raḥīm 
Date:   21st Dhul-Hijjah, 1441 A H / 11th August, 2020
Subject:   Al-Farā’id (The Islamic Law of Inheritance) 
Lesson:   77
Topic:  Al-Waṣiyyah (Sharī‘ah-Compliant Will/Bequest): Part 6
Sub-Topic:  Al-Waṣiyyah and non-Muslim Relatives (Lesson 1)
Dear Participants,
In the last four weeks, we have discussed the meaning, legal standings, types, rules and conditions guiding Al-Waṣiyyah in Islām. Today Inshā’ Allāh, we are looking at the execution of Islamic Will towards the non-Muslims relatives. As stipulated under Shar‘īah, non-Muslims are not eligible to inherit the Muslims and vice versa. This is in conformity with the Prophetic ḥadīth which says “Muslims would not inherit the non-Muslims and vice-versa”. The ḥadīth has been linguistically, legally and jurisprudentially put under the spotlight by scholars of ages as regards its application. However, albeit minor differences, the majority of scholars believed that Muslims and non-Muslims are not eligible to inherit one another irrespective of their blood or nuptial ties except in some conditions which Inshā’ Allāh shall be enunciated in subsequent classes. 
It is also imperative to state here that the problem of difference in religions is much felt in non- Shar‘īah States where the imposed Common law is in vogue and the populace are made of families and relatives of different faiths.  Then, what is the way out of this conundrum? The non-Muslims are seen in many cases involved in litigations against the verdict of Shar‘īah in which they are disinherited from having shares from their deceased Muslim relatives and sometimes vice versa. Islam has proffered a preferred solution for this over a thousand years ago and this is the employment of Al-Waṣiyyah to soothe the non-Muslim heirs. 
As previously enunciated in our classes, Muslims are allowed under Shar‘īah to give out one-third (thuluth) of their net estate to the non-heirs and the non-Muslims heirs. If a Muslim’s spouse, parents or children or other legal relatives have denounced Islam, they are expected to be accommodated under Waṣiyya to inherit one-third of his or her property which sometimes by Allah’s magnanimity and good spirit of Islam is more bigger that their original shares as Muslim legal heirs. This ultimately will forestall inheritance litigations and problems as witnessed in many non- Shar‘īah States across the world.
Inshā’ Allāh we continue in the next class.  
Jazākumullāhu Khayran for reading today’s lesson.  
Yours in Islām  
©Busari Muhammad Jamiu  (Abū  ‘Ᾱishah)
https://sites.google.com/view/alfaraidestateconsultsnigeria
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