He did not reach the level of apostasy and leaving Islam by what he committed of evil, so he is entitled to inheritance
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The first and second questions of Fatwa No. ( 6474 )
Q1: A man has a number of sons and daughters. Some of them were guided by Allah, their morals became upright, their conduct became good, they feared Allah, obeyed the Messenger, and treated their parents well. Others were defiant and did evil deeds; they did not heed advice and did not care about their parents. The question is: Do they all have equal rights in inheritance? In other words: Is the child with bad morals—whether male or female—given his or her prescribed share of what the father left behind, as explained in the saying of the Exalted and Majestic in Surat al-Nisa:[An-Nisa 4:7] the verse, [An-Nisa 4:11] If it is permissible to give the righteous son or daughter their respective shares of what is prescribed for each of them, and they are the two who obey their Lord and follow the Sunnah of the Messenger of Allah, and are dutiful to their parents, how is it? Or is it permissible to treat the son or daughter who is a loss in their morals and religion, and Allah the Exalted and Majestic says, and His word is the clear truth:
[An-Nisa 4:36] And the Exalted and Majestic says: [Luqman 31:14] , and the Exalted and Majestic says to our master Noah (peace be upon him): [Hud 11:45-46] , I have heard conflicting opinions on this matter. Some denied the right of the disobedient son or daughter to inheritance, while others affirmed the equal right of the righteous and the wicked among them. Thus, a person finds himself in a maze from which he does not know how to exit safely; therefore, I turned to you seeking benefit and to know the ruling of Allah and the guidance of the Messenger of Allah.
A1: When a person dies, the determination of his heirs and the proof of their inheritance is referred to the Shari'ah court. If the corruption of one of them who committed an evil reached the level of disbelief and leaving the religion of Islam at the time of the death of the deceased, he is forbidden from inheritance due to the presence of a barrier, which is the difference in religion and his apostasy. And if he did not reach the level of apostasy and leaving Islam by what he committed of evil, he is entitled to inheritance due to the generality of the verses and hadiths indicating that. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q1: A man has a number of sons and daughters. Some of them were guided by Allah, their morals became upright, their conduct became good, they feared Allah, obeyed the Messenger, and treated their parents well. Others were defiant and did evil deeds; they did not heed advice and did not care about their parents. The question is: Do they all have equal rights in inheritance? In other words: Is the child with bad morals—whether male or female—given his or her prescribed share of what the father left behind, as explained in the saying of the Exalted and Majestic in Surat al-Nisa:
For men is a share of what the parents and close relatives leave, and for women is a share of what the parents
لِلرِّجَالِ نَصِيبٌ مِمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ وَلِلنِّسَاءِ نَصِيبٌ مِمَّا تَرَكَ الْوَالِدَانِAllah instructs you concerning your children: for the male, what is equal to the share of two females
يُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنْثَيَيْنِWorship Allah and associate nothing with Him, and to parents do good
وَاعْبُدُوا اللَّهَ وَلاَ تُشْرِكُوا بِهِ شَيْئًا وَبِالْوَالِدَيْنِ إِحْسَانًاBe grateful to Me and to your parents; to Me is the [final] destination.
أَنِ اشْكُرْ لِي وَلِوَالِدَيْكَ إِلَيَّ الْمَصِيرُ(45) And Noah called to his Lord and said, "My Lord, indeed my son is of my family; and indeed, Your promise is true; and You are the most just of judges!" (46) He said, "O Noah, indeed he is not of your family; indeed, he is [one whose] work was other than righteous
وَنَادَى نُوحٌ رَبَّهُ فَقَالَ رَبِّ إِنَّ ابْنِي مِنْ أَهْلِي وَإِنَّ وَعْدَكَ الْحَقُّ وَأَنْتَ أَحْكَمُ الْحَاكِمِينَ (45) قَالَ يَا نُوحُ إِنَّهُ لَيْسَ مِنْ أَهْلِكَ إِنَّهُ عَمَلٌ غَيْرُ صَالِحٍA1: When a person dies, the determination of his heirs and the proof of their inheritance is referred to the Shari'ah court. If the corruption of one of them who committed an evil reached the level of disbelief and leaving the religion of Islam at the time of the death of the deceased, he is forbidden from inheritance due to the presence of a barrier, which is the difference in religion and his apostasy. And if he did not reach the level of apostasy and leaving Islam by what he committed of evil, he is entitled to inheritance due to the generality of the verses and hadiths indicating that. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
