Can a Muslim inherit or accept a bequest from a non-Muslim?

In principle, if a non-Muslim passes away and is survived by Muslims heirs, it will not be permissible for the deceased’s Muslim heirs to inherit from his/her estate. This ruling applies 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 Muslim 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-Muslim’s 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 is according to the Islamic Laws of Succession and Inheritance.

And Allah Ta’ala Knows Best