• Inheritance: By an illegitimate child
If a child is conceived before marriage, is he entitled to share of his father's inheritance when the father dies? If so, will this be on the same level as the shares of his brothers and sisters born after marriage?
As you realize, all sexual contact outside wedlock is strictly forbidden in Islam. This is part of the very serious view Islam takes of morality. Although the punishments prescribed for adultery and fornication differ in severity, with the severer punishment reserved to married adulterers, the fact that a punishment has been prescribed by Allah for such actions is more than enough to indicate their seriousness.However, a basic principle in Islamic justice is that no one bears the blame for another's fault. A child born as a result of an illegitimate relationship suffers no adverse discrimination on account of his parents' sin. However, such a child cannot prove that he is the son of his father unless the father acknowledges him. If the father makes such an acknowledgment, he is not asked about the circumstances of the birth of his child. His statement is accepted.
Take for example the case of a young couple who get married after the woman is pregnant. The legitimacy of their first child is a question that no one will raise, since they have taken the right steps to bring the child into their family home. The child will inherit from his parents, along with his brothers and sisters, according to Islamic law, which gives a son twice the share of the daughter.
• Inheritance: By followers of two different religionsA man married a Christian woman who bore him a daughter. The couple were later divorced and the woman took the daughter with her to her own country where she is living now. The man died recently, leaving behind both his parents and a number of brothers and sisters. Could you explain how his property should be divided.
There is, to start with, the question of the divorced wife which the reader specifically asks about. Since the woman has been divorced and her waiting period is over, then she does not inherit anything from him, because of the difference of religion. This applies to any relationship that qualifies for inheritance. In other words, parents and children do not inherit each other when they follow different religions. Suppose that a person adopts the religion of Islam, but neither his father nor his children follow his example and become Muslims. If he dies, none of them inherits him. Nor does he inherit any of them should they die first, simply because of the difference of religion. The Prophet, peace be upon him, says: "The followers of two different religions do not inherit each other."
It is important in this case to determine whether the man's daughter is a Muslim or not. If she is below the age of puberty, she is considered a Muslim, even though her mother might have brought her up differently. If she has made her own choice and decided to follow some other religion, then the above rule applies to her and she inherits nothing.
If the daughter is a Muslim, then her share is half the property of her father, because she is an only daughter. The man's parent inherit one-sixth each of his property. His brothers and sisters inherit nothing.
That leaves one-sixth which is then given to the father on the basis of his being the closest male relative to the deceased. On the other hand, if the daughter is not a Muslim, she inherits nothing and the whole property goes to the man's parents. The mother takes one-third and the other two-thirds go to the deceased man's father.
Islam has a detailed system of inheritance, which specifies shares for each heir. The system caters for all situations and the details of each heir's share is outlined in the Qur'an. The will is the provision which allows a Muslim to leave a portion of his money either for charity or for relatives who are not among his heirs. Perhaps it should be added that the shares of each of the heirs is determined by Allah. No heir can be left an additional amount by will and none maybe disinherited. The system ensures fair distribution of wealth and militates against the concentration of wealth in a few hands.
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