Is the estate of the deceased, who converted to Christianity, to be distributed among the remaining Muslim heirs, or does his Muslim brother inherit a share of his estate?
If the son apostatizes before his father's death, he inherits nothing from him, and the inheritance is divided among the remaining Muslim heirs, 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, if the son apostatizes after his father's death, he inherits his full share, because the inheritance transfers to the ownership of the heir upon the death of the inheritor. Then, scholars differed regarding the fate of the apostate's wealth if he dies upon his apostasy, holding three opinions: 1. His wealth becomes fay' (spoils/revenue) for the public treasury (the view of Malik, Shafi'i, and Ahmad). 2. His wealth belongs to his Muslim heirs (the view of Abu Yusuf and Muhammad). 3. What he acquired during Islam belongs to his Muslim heirs, and what he acquired during apostasy belongs to the public treasury (the view of Abu Hanifa).
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/162810