Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Inheritance of one who killed his relative by hudud and the establishment of the hudud

Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, a man killed his relative by hudud, other than the son of the wali. Does he inherit from him? And does any man have the right to establish the hudud on one who committed that sin which necessitates the hudud?

Answer:
This matter is referred to the judge. If the judge rules that this killed person is an apostate, then it does not prevent inheritance. However, if the judge rules that this killed person is not an apostate, then it prevents inheritance, and the killer is disciplined because he usurped the authority of the Imam. In the first case, if he deserved to be killed, the one in authority disciplines him because he usurped his authority, for establishing the hudud is among the competencies of the one in authority. But if he did not deserve to be killed, he is liable for it by retaliation, blood money, or expiation. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 075 من 123 / شرح كتاب زاد المستقنع / الفرائض / ميراث المفقود / صالح الفوزان / الفقه / كبار العلماء — youtube.com (1:01:12)

The Arabic text is a machine transcription of the audio recording.

Flag this fatwa