Faraidh for Non-Muslims: Can Non-Muslims Inherit in Islam?

One of the most common and most consequential questions about Islamic inheritance involves non-Muslim family members. A Muslim man married to a Christian wife. A Muslim woman whose parents have not accepted Islam. A revert whose siblings are non-Muslim. What does Faraidh say about them — and what can be done to protect them?

The foundational rule: non-Muslims do not inherit under Faraidh

Islamic inheritance law (Faraidh) applies only among Muslims. A non-Muslim family member — regardless of how close the relationship — does not receive a Faraidh share.

The evidence for this ruling is found in the hadith of the Prophet Muhammad ﷺ: "A Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim." (Bukhari & Muslim). This is a point of unanimous agreement (ijma') across all four major schools of Islamic jurisprudence — Hanafi, Maliki, Shafi'i and Hanbali.

This means:

• A non-Muslim wife does not receive the Quranic widow's share (1/4 or 1/8)
• Non-Muslim parents do not receive the parental share (1/6 each)
• Non-Muslim children do not receive any Faraidh share
• Non-Muslim siblings are excluded entirely

What happens to a non-Muslim spouse?

This is the most common scenario for British Muslims, particularly those who are reverts. If a Muslim man dies and his wife is not Muslim, she receives no automatic Faraidh share.

The estate passes to the Muslim heirs: the deceased's children (if any), then his Muslim parents, then other Muslim relatives in order of priority.

This is often a shock to non-Muslim spouses who assumed they would inherit as they would under UK law. Under UK intestacy law, a legal spouse inherits the first £322,000 of the estate outright regardless of religion. But Faraidh operates on Islamic principles, not UK law.

Two critical protections are available — explained below.

The 1/3 bequest: your most powerful tool

Islam permits every Muslim to direct up to one-third (1/3) of their net estate to any recipient they choose — including non-Muslims. This is the Wasiyyah proper (bequest), and it is precisely the mechanism the Shariah provides for situations like these.

A Muslim with a non-Muslim spouse, parents, or children can use their 1/3 bequest to leave a meaningful portion of their estate to those family members who would otherwise receive nothing under Faraidh.

Example: Ibrahim, a Muslim revert, has a non-Muslim wife Sarah and two Muslim children from a previous marriage. His net estate is £300,000.

Without a Wasiyyah, his Faraidh distribution would be:

• Sarah (non-Muslim wife): £0
• Two children: £300,000 shared equally between them

With a Wasiyyah directing 1/3 to Sarah:

• Sarah: 1/3 of £300,000 = £100,000
• Remaining 2/3 (£200,000) distributed by Faraidh to his two children: £100,000 each

Ibrahim's Wasiyyah does not override Faraidh — it uses the permitted bequest space to honour his obligation to his wife. Some scholars note that this should be done with awareness and consultation, particularly where it affects Muslim heirs, but the right to make the bequest itself is clear in Islamic law.

Can you leave more than 1/3 to a non-Muslim?

No — not without the unanimous consent of all adult Muslim heirs who are in sound mind. The 1/3 limit exists to protect the rights of Faraidh heirs. If you direct more than 1/3 to non-Faraidh recipients (including non-Muslims, charities, or any non-heir), the excess is invalid under Islamic law unless all heirs consent after your death.

Non-Muslim children

A Muslim parent cannot leave Faraidh shares to non-Muslim children. However:

• The 1/3 bequest can be used to provide for them
• If the child later accepts Islam, this would not retroactively change a completed inheritance
• If a non-Muslim child works in the business of their Muslim parent, they may be entitled to wages for their work — this is a debt of the estate, not an inheritance share

Non-Muslim parents

Many reverts to Islam have parents who are not Muslim. The same rule applies: non-Muslim parents receive no Faraidh share. The 1/3 bequest is again the appropriate tool.

Reverts who wish to honour their parents — as Islam separately commands (Quran 31:14-15) — should use their Wasiyyah to allocate a portion of the 1/3 bequest to them.

If the deceased person was not Muslim

When a non-Muslim person dies, their estate does not pass under Faraidh at all. Faraidh only governs the estate of a deceased Muslim. If a non-Muslim parent dies and some of their children are Muslim, the children's Islamic status is irrelevant under the non-Muslim parent's estate — it will be distributed under whatever secular or religious law applies to the non-Muslim parent.

Can a Muslim inherit from a non-Muslim?

The hadith quoted above is explicit: a Muslim does not inherit from a disbeliever, and a disbeliever does not inherit from a Muslim. Scholarly consensus holds that a Muslim may not receive a Faraidh share from a non-Muslim's estate.

However, some contemporary scholars (notably the Hanafi position discussed by certain scholars) distinguish between inheritance through formal Islamic law and receiving a gift or bequest from a non-Muslim's estate under secular law. This is an area where scholars differ and consultation with your scholar is essential.

Protecting your non-Muslim family in 2026

The practical steps are clear:

1. Write a Wasiyyah now. Without one, your non-Muslim family members receive nothing from your estate under Islamic law — regardless of how close the relationship or how long the marriage.

2. Use your 1/3 bequest deliberately. Decide how much of your permitted 1/3 you wish to direct to non-Muslim family members and specify it explicitly.

3. Ensure civil law compliance. Your Wasiyyah must also be valid as a civil will (signed before two non-beneficiary witnesses) for it to be legally enforceable in the UK. If it is not, UK intestacy law will distribute your estate — which may or may not align with your Islamic wishes.

4. Review regularly. If family circumstances change — a family member accepts Islam, a marriage occurs, children are born — update your Wasiyyah.

Start your Wasiyyah now — free

AmanahSuite's Wasiyyah Builder guides you through the full Faraidh calculation and explicitly handles the 1/3 bequest section, allowing you to name specific recipients (including non-Muslims) and specify amounts. The generated PDF is professionally formatted and ready to sign before witnesses.

Begin at amanahsuite.com/wasiyyah-builder.