Inheriting from a Non-Muslim Relative

The European Council for Fatwa and Research in this regard has stated that: “The Council sees that Muslims must not be prohibited from inheriting their non-Muslim relatives, or from receiving their bequests. Indeed, the Council does not find any contradiction with the authentic Hadith: “A Muslim does not inherit from a kafir (non-Muslim), nor a kafir from a Muslim” (Reported by Al-Bukhari and Muslim), which implies the kafir who is in a state of battle with Muslims. It is also important to note that in the initial stages of Islam, Muslims were not prohibited from inheriting from their non-Muslim relatives. This was the line followed by the Companions such as Mu`adh ibn Jabal (as reported by Abu Dawud and Al-Bayhaqi) and Mu`awiyah ibn Abi Sufyan (as reported by Abu Shaybah) and the Tabi`un (generation following the Companions) including Sa`id ibn Al-Musayyab, Muhammad ibn Al-Hanafiyyah, Abu Ja`far Al-Baqir, Masruq ibn Al-Ajda’ and which was preferred by Ibn Taymiyyah and his student Ibn-ul Qayyim.”