Inheritance Q&A Part 1 (2/3)
Question
My father has two wives. He has separated form his second wife and his children from his second wife. If my father passes away, does his second wife and her children from him inherit from my father?
Answer
As long as a husband is married to his wife/wives i.e. they were not divorced from him when he passed away, all his wives will inherit from him upon his demise, irrespective if he had separated from them during his lifetime.
As for his children, all of them will inherit from him even if he had divorced any of his wives.
3. In South Africa, can a Muslim inherit or accept a bequest from a non-Muslim?
Answer:
In principle, if a non-Muslim passes away and is survived by Muslims heirs, it will not be permissible for the deceased’s (non-Muslim) Muslim heirs to inherit from his/her estate. This ruling is applicable to an Islamic State.
In a secular state, like South Africa, the above ruling does not apply. Hence, if a non-Muslim passes away and is survived by Muslims heirs, it will be permissible for the deceased’s Muslim heirs to inherit from his/her estate.
In the case of a non-Muslim bequeathing from his/her estate to his/her Muslim heirs or any Muslim, it will be permissible for Muslim heirs or Muslims to accept a non-Muslims bequest without any limitation to the value of one third of the estate. A Muslim can accept a bequest from a non-Muslim over and above the one-third value of the estate.
Note: The above ruling is primarily based on the premise that Islamic Laws are not binding on non-Muslims in a non-Muslim/secular state. (Shaami 6/655/Imadaadul Ahkaam 4/627-628)
In terms of non-Muslims inheriting from Muslims or Muslims making bequests in favour of non-Muslims, it is binding upon Muslims to adhere to the Islamic Laws and Principles of Shariah. Therefore, a Muslim cannot make a non-Muslim an heir and neither can a Muslim bequeath more than one third of his/her estate to a non-Muslim. Bequests up to the value of one third of the estate are permitted.
It is necessary (Waajib) upon Muslims living in non-Muslim/secular states to sign an Islamic-compliant Will ensuring that the distribution of their estates are according to the Islamic Laws of Succession and Inheritance.
4. Inheritance of an adopted child
Fatawa SA is an independent, read-only index of fatawa already published by Jamiatul Ulama KZN. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.