In Islam, the law of inheritance is so serious that its rules are thoroughly dealt with in the Glorious Qur’an. By the same token, a Muslim should firmly stick to the Divine Law and disregard all other man-made laws in this regard.
Sheikh Faisal Mawlawi, Deputy Chairman of the European Council for Fatwa and Research, states: “All Muslim scholars agree on the ruling that a non-Muslim is not entitled to inherit a Muslim at all. As for the case of a Muslim inheriting a non-Muslim, this is a controversial issue among the Muslim scholars.
According to the majority of Muslim scholars – including the four Imams of Fiqh – a Muslim is not permitted to inherit a non-Muslim.
However, some scholars – including Mu`adh ibn Jabal, Mu`ayyiah ibn Abi Sufiyan, Sa`id ibn Musayb and others – are of the opinion that a Muslim is allowed to inherit his non-Muslim relatives. This view is preferred by ibn Taymyyiah and ibn Al-Qayyim.
Each group of scholars has their proofs. I dealt with this issue thoroughly in my book, Ahkam Al-Mawareethand I prefer acting according to the view of the majority of scholars in the Islamic countries, while in the non-Islamic countries I prefer acting according to the second view.
It’s noteworthy that I base my opinion on the fact that in the non-Islamic countries a non-Muslim inherits his Muslim relatives by the force of law. At the same time, a Muslim is entitled to inherit his non-Muslim relatives by the virtue of the man-made law. So, I prefer the second opinion in order to maintain equality between the Muslim and the non-Muslim in this regard.”