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Inheritance query: Christian daughters

Fatwaa ID: 2073

Question:
Assluimkum pls reply to me as soon as possible my mom in law has 3 daughters n 2 sons I’m married to the elderest son last week my MIL passed away leaving her house to her 2 sons the smaller son has his own house n has given my husband the house n my MIL 3girls have changed der religion to Christians do the girls get a share in the house we are going to live in my MIL house cos we don’t have a house pls reply ASAP

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We take note of the details of your query. May Allaah Ta’aala elevate your mother-in-law’s status in Jannah. May He grant the family sabr jameel.

It is not clear what you mean by “leaving her house to her 2 sons”. Does she have any other Muslim family members? When a person passes away, all his belongings form part of his estate. The estate is to be distributed according to the Shari’ah laws of inheritance and succession. You may revert to us with a list of the Muslim survivors and we will advise accordingly.

An heir may not simply refuse to accept his share of an estate. If he wishes to voluntarily give it to another person, he will have to first assume constructive possession after distribution, and then he may give it away if he wants to.

A non-Muslim family member will not inherit a deceased Muslim. An apostate (murtadd) will also be deprived of inheriting his Muslim deceased relative. In the enquired situation, if the three daughters have actually left Islam, then they will not inherit anything from the estate of their Muslim mother.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

07/17/1445 AH – 01/29/2024 CE | AML1-8767

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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