Collecting his estate from haram, then repenting: is his wealth inherited?
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Fatwa No. ( 20734 )
Q: A Christian man declared his Islam in order to marry an illiterate Moroccan woman who did not pray and knew nothing of the religion. He was trading in narcotics, and she knew this and did not rebuke him, because she did not know what was halal or haram. After several years of their marriage, she began to pray
and came to know something of the religion, so she began to rebuke him, though only mildly. When the Grand Mosque of the Custodian of the Two Holy Mosques in Gibraltar was opened, and the da'wah spread and a number of deviant Muslims returned to their religion, he too came to the mosque and began to pray. His Islam improved, and his wife became one of the righteous women who observe the full, Sharia-compliant hijab and adhere to the commands of the Shari'ah as much as possible. After about a year and a half of his true Islam (performing the prayers), he passed away, leaving behind a large fortune consisting of real estate, properties, cash amounts, and various commercial projects. He left behind only one daughter from this woman, and his parents were, of course, Christian. She is now asking about the ruling of the Shari'ah regarding this wealth, which has come into her ownership, and she knows where it was collected from. What should she do? Please advise us urgently.
A: If the situation is as described, that the aforementioned husband, before his death, improved his Islam, maintained the prayers, and ceased dealing in narcotics, then Islam wipes out what came before it, and his estate becomes halal for his wife and daughter, provided he has no Muslim 'asabah (residuary male heirs). If he has a Muslim 'asabah, he is given what remains after the wife's share, which is one-eighth, and the daughter's share, which is one-half. The amount of this is three shares out of eight equal shares. If he has no 'asabah, the wife is given one-eighth, which is one share out of eight equal shares, and the remainder
goes to the daughter as a fixed share and by return. May Allah forgive us and him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A Christian man declared his Islam in order to marry an illiterate Moroccan woman who did not pray and knew nothing of the religion. He was trading in narcotics, and she knew this and did not rebuke him, because she did not know what was halal or haram. After several years of their marriage, she began to pray
and came to know something of the religion, so she began to rebuke him, though only mildly. When the Grand Mosque of the Custodian of the Two Holy Mosques in Gibraltar was opened, and the da'wah spread and a number of deviant Muslims returned to their religion, he too came to the mosque and began to pray. His Islam improved, and his wife became one of the righteous women who observe the full, Sharia-compliant hijab and adhere to the commands of the Shari'ah as much as possible. After about a year and a half of his true Islam (performing the prayers), he passed away, leaving behind a large fortune consisting of real estate, properties, cash amounts, and various commercial projects. He left behind only one daughter from this woman, and his parents were, of course, Christian. She is now asking about the ruling of the Shari'ah regarding this wealth, which has come into her ownership, and she knows where it was collected from. What should she do? Please advise us urgently.
A: If the situation is as described, that the aforementioned husband, before his death, improved his Islam, maintained the prayers, and ceased dealing in narcotics, then Islam wipes out what came before it, and his estate becomes halal for his wife and daughter, provided he has no Muslim 'asabah (residuary male heirs). If he has a Muslim 'asabah, he is given what remains after the wife's share, which is one-eighth, and the daughter's share, which is one-half. The amount of this is three shares out of eight equal shares. If he has no 'asabah, the wife is given one-eighth, which is one share out of eight equal shares, and the remainder
goes to the daughter as a fixed share and by return. May Allah forgive us and him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.