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The question

Does a non-Muslim son disinherit the Muslim brothers of the deceased from inheritance? What is the Shariah ruling on dividing the inheritance between a Muslim wife and a non-Muslim son according to American law? Is the wife sinful if she takes more than one-eighth?

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Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 20261 min readAlso available in العربية
The answer

Difference in religion prevents inheritance. A disbeliever does not inherit from a Muslim. Their existence is as their non-existence; they do not block others.

Therefore, the estate of the deceased Muslim is distributed among his Muslim wife and Muslim siblings. The disbelieving son inherits nothing.

The wife receives one-fourth, because the existence of the disbelieving son does not block her share.

The remaining portion goes to the full or paternal brothers and sisters by ta'sib (agnatic inheritance), with the male receiving the share of two females.

If they are maternal siblings, they receive one-third equally for male and female.

Whatever remains after the wife's prescribed share and the maternal siblings' share goes to the nearest male agnate ('asaba).

If statutory law grants an heir more than their prescribed share according to Islamic law, they are not permitted to take the excess. If compelled to take it, they must return the surplus to the rightful heirs according to Islamic law.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy