Mirath - The Laws of Islamic Inheritance

d) Jar| Majr\ Kha{a’ - This is when the killing is done by someone
who is in a state where he is not accountable/blameworthy of his
deeds, e.g. a sleeping person falls off a bunk-bed onto someone
else, killing him; or a minor or insane person killing someone
without understanding what was happening. In this situation too,
compensation is necessary (the blood-money would be necessary
upon the relatives, in case of a minor/insane person). The killer, in
this case too, will not inherit.
e) Sabab - This is when the “killer” was a passive cause of
someone’s death, e.g. a person broke something of use on
property other than his own which caused someone’s death.
There will be blood-money in this case, but no compensation for
atonement. The “killer” would not be prevented from inheriting.
Note: These guidelines are very brief, and general. Additional
punishments or even concessions can be granted by a judge when the
case is more complex than the above guidelines.
3. Differences of religion. Isl\m stipulates that if between the
deceased and an heir there is a difference in religion, then the heir will
not inherit through the Shar`| system, even if they be father and son.
This is from the *ad|th, “A Muslim does not inherit from a non-Muslim,
nor does a non-Muslim inherit from a Muslim.” al-Bukh\r|, Muslim
Note: Those who may think that the above ruling is discriminating,
should first understand that it works both ways, in the sense that
Muslims also cannot be inheritors (in the terminology of the Qur’\n) of
a non-Muslim. The reason being that the laws of Shar|`ah regarding
inheritance cannot be forced upon non-Muslims. Those who argue
the point about compassion will be appeased by the fact that Isl\m
does not nullify inheritance par se, as a Muslim may include a non-
Muslim in his bequest and also may be included in their bequest.
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