Does a Muslim inherit half of his Christian wife's property after her death if it was registered equally in both their names?
The majority of scholars hold that a Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim, based on the : "A Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim." However, some scholars are of the view that a Muslim inherits from a disbeliever but not vice versa, considering the hadith to specifically refer to the belligerent disbeliever. They believe this opinion has merit, especially in the absence of a public treasury (bayt al-mal). As for a bequest (), a Muslim's bequest to a dhimmi is valid, and vice versa. It is executed within the limits of one-third (of the estate) or more with the consent of the heirs. A gift () during one's lifetime is permissible, provided it is taken possession of.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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