Question:
A Muslim man was previously married and had two daughters from that marriage. However, both of these daughters are now out of the fold of Islam. He also has other Muslim children, but they are illegitimate , as they were born out of wedlock.
What I would like to know is: since these two daughters are now out of the fold of Islam, they will obviously not inherit. But is he allowed to make a waṣiyyah for them?
The only remaining family members he has are two Muslim brothers and two Muslim sisters. So how will his estate be divided? Will those two daughters, who were born within marriage and were Muslim but later became murtad, inherit? And would it be permissible for him to make a waṣiyyah for them?
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-Salāmu ‘Alaykum Wa-Rahmatullāhi Wa-Barakātuh.
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Respected Brother in Islam,
If a Muslim passes away leaving behind children who have left the fold of Islam, such children are not entitled to inherit from the deceased, as difference of religion constitutes a legal impediment to inheritance.
Likewise, it is impermissible for a person to make a waṣiyyah (bequest) in favour of a murtad.
However, it is permissible to make a waṣiyyah in favour of the Muslim illegitimate children of up to one-third of the net estate.
Given that irtidād (apostasy) is an extremely grave matter, such children should be sincerely advised to return to Islam.[1]
In the enquired scenario, if the person in reference leaves only these two brothers and sisters as his heirs then the estate will be distributed as follows.
| Beneficiaries | Shares |
| Brother (1) | 2 |
| Brother (2) | 2 |
| Sister (1) | 1 |
| Sister (2) | 1 |
| Total | 6 |
Note:
The calculation of shares is based on the information provided. If any other heirs are alive at the time of demise, the number of shares stated may differ. [2]
And Allah Ta’ala Knows Best.
Baba Abu Bakr
Student Darul Iftaa
Accra, Ghana
Checked and Approved by,
Mufti Muhammad Zakariyya Desai.
