How is the inheritance of a deceased Christian father to be divided, leaving behind his Jewish wife, their minor daughter, and a mature Muslim son and daughter from a previous marriage?
The majority of scholars hold that a Muslim does not inherit from a disbeliever, based on the Prophet's (peace be upon him) saying: "A Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim." However, some scholars, including Ibn Taymiyyah and Ibn al-Qayyim, are of the view that a Muslim can inherit from a non-belligerent disbeliever, arguing that Islam is supreme and nothing is supreme over it.
Regarding inheritance between People of the Book, most scholars believe they belong to one faith and inherit from each other.
Based on this, if it is held that a Muslim does not inherit from a disbeliever and that the People of the Book are one faith, then the estate of the Christian father is distributed among his non-Muslim heirs (this is the view of the majority). As for the other view, the estate is distributed among all heirs, both Muslim and non-Muslim; the wife receives one-eighth due to the presence of children, and the remainder is divided among the children, with the male receiving the share of two females.
However, if the estate is divided among non-Muslims, the wife receives one-eighth, the daughter receives one-half, and the remainder goes to the nearest male agnate heir (asaba). If there is no male agnate heir, the remainder reverts to the daughter, but not to the wife.
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