Should the inheritance now be divided after some of the heirs have embraced Islam, considering that the deceased was a polytheist and left behind a wife, two daughters, and a son, all of whom were polytheists, and one of the daughters later died leaving children, and then the son and the other sister embraced Islam?
The estate of a disbeliever or polytheist who died, leaving polytheist heirs, is governed by Islamic . The deceased's wife receives one-eighth as a prescribed share, and the remainder is divided among his sons by ta'sib (agnatic succession), with the male receiving the share of two females. His son is not entitled to take sole possession of the estate to the exclusion of the deceased's wife and daughters. He must return rights to their rightful owners, giving his stepmother her share, as well as those of the remaining living heirs. For those who have passed away, their share is given to their heirs. His statement that a person is [judged] by what they embraced (Islam) and that no one has a right to the division is false.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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