The Legal Effect of Ikhtilāf al-Dīn on the Prohibition of Inheritance (al-Tawāruth): A Juristic Analytical Study

حكم اختلاف الدين في منع التوارث

Abstract

This study examines the juristic issue of the legal effect of ikhtilāf al-dīn (difference of religion) on the prohibition of inheritance (al-tawāruth), a subject of considerable practical significance in both classical and contemporary contexts. The research aims to investigate the opinions of Muslim jurists, analyze their legal methodologies, and evaluate the textual and rational evidence underlying their respective positions. It further seeks to determine the preponderant view and assess its relevance to contemporary issues, particularly within religiously plural societies and in cases involving interfaith marriages.

The study demonstrates that the majority of jurists (jumhūr al-fuqahāʾ) from the four Sunni schools of law maintain that difference of religion constitutes an impediment to inheritance, relying primarily on the Prophetic tradition: “The Muslim does not inherit from the non-Muslim, nor does the non-Muslim inherit from the Muslim.” Despite this general consensus, jurists differed regarding specific cases involving the murtadd (apostate), Ahl al-Kitāb (People of the Book), and distinctions related to territorial affiliation (dār).

The research also presents and critically discusses the opinions of scholars who permitted inheritance under certain circumstances, alongside the arguments of those who upheld its prohibition. The study concludes by highlighting the juristic diversity surrounding this issue and emphasizing the importance of contextualizing classical legal discussions in light of contemporary social realities while remaining faithful to the principles of Islamic jurisprudence.