Inheritance is one of the most significant aspects of Muslim personal law, governed primarily by the Qur’an, the Sunnah, Ijma, and Qiyas. The Qur’an devotes specific verses to the distribution of property after death, and inheritance is considered both a legal right and a religious duty. However, not every legal heir can claim a share in the deceased’s estate. Certain circumstances and acts can disqualify an otherwise eligible heir from inheriting. This principle is known as disqualification from inheritance.
The rules of disqualification ensure that the benefits of inheritance are given only to those heirs who maintain the moral, legal, and spiritual conditions required by Islamic law. These rules also serve to prevent unjust enrichment by those who may have acted wrongfully against the deceased or violated fundamental tenets of Islam.
In this blog, we will explore in detail the concept, grounds, and legal consequences of disqualification from inheritance under Muslim Law, supported by Qur’anic verses, Hadith references, Indian and international case laws, and comparative insights between Sunni and Shia schools. We will also discuss the relationship between disqualification and other important concepts such as Sharers, Residuaries, and Distant Kindred and link it with our next topic — Wills (Wasiyat) under Muslim Law: Essentials and Limitations.
(Also Read :Sharers, Residuaries and Distant Kindred Explained in Muslim Law )
Qur’anic and Hadith Foundation
The foundation of disqualification rules in Muslim law lies in the Qur’an and Hadith. The Qur’an in Surah An-Nisa (4:11-14) lays down the fixed shares of heirs but does not explicitly list disqualifications. Instead, disqualifications have been developed through interpretation of Qur’anic injunctions, the Sunnah of the Prophet (ï·º), and juristic consensus (Ijma).
A famous Hadith reported by Abu Huraira (Sahih al-Bukhari, Hadith 6733) states:
“The killer does not inherit from the person whom he killed.”
Another Hadith in Sunan Abu Dawood (Hadith 4564) narrates:
“A Muslim is not entitled to inherit from a disbeliever, nor is a disbeliever entitled to inherit from a Muslim.”
These narrations form the basis for disqualifications such as homicide and difference of religion.
Grounds of Disqualification in Muslim Law
1. Homicide (Qatl)
Homicide is one of the most universally recognized grounds of disqualification. If an heir intentionally kills the deceased, he or she is barred from inheriting the estate.
Qur’anic Basis
Although the Qur’an does not explicitly state the rule of disqualification for homicide, its principles of justice and prevention of wrongdoing (Surah Al-Ma’idah 5:32) form the moral foundation.
Hadith Reference
The Hadith clearly states:
“The killer does not inherit.” (Sahih al-Bukhari 6733)
Types of Homicide
Muslim law recognizes different forms of homicide for this rule:
- Intentional homicide (qatl al-amd) – deliberate killing with intent.
- Quasi-intentional homicide (shibh al-amd) – using a weapon not normally deadly but resulting in death.
- Accidental homicide (qatl al-khata) – unintentional killing.
In Sunni law, only intentional and quasi-intentional killings disqualify inheritance, while in Shia law, all forms of homicide (including accidental) may disqualify, unless pardoned.
Case Law
- Mahomed Ullah v. Mst. Ulfat Bibi (AIR 1929 Lah 879) – The Lahore High Court held that intentional killing, whether direct or through conspiracy, results in disqualification.
- Gulam Abbas v. Razia (AIR 1951 All 86) – Court applied the principle even to cases where criminal conviction was absent, if facts established wrongful killing.
2. Difference of Religion
Inheritance rights in Muslim law are restricted between persons of different religions.
Hadith Basis
“A Muslim cannot inherit from a non-Muslim, and a non-Muslim cannot inherit from a Muslim.” (Sahih al-Bukhari, Sahih Muslim)
Application in Indian Context
Under Sunni law, difference of religion between the deceased and the heir is a complete bar to inheritance. Under Shia law, the same rule applies, but apostasy (irtidad) is also a disqualification (discussed below).
Case Law
- Abdul Rahim v. Fatima Bai (AIR 1983 Mad 94) – Held that a Hindu widow who had converted to Islam could not inherit from her Hindu husband under Muslim law because the husband never converted.
- Suleman v. Fatima (AIR 1961 All 241) – Court reiterated that a Muslim cannot inherit from a non-Muslim relative and vice versa.
3. Apostasy (Irtidad)
Apostasy refers to the renunciation of Islam by a Muslim, either by conversion to another religion or by openly rejecting the faith.
Sunni Law
In Sunni law, the apostate (murtad) is disqualified from inheriting from any Muslim relative. If the heir becomes an apostate after inheritance opens, their share may revert to Muslim heirs.
Shia Law
Shia law treats apostasy more severely, distinguishing between murtad fitri (born Muslim) and murtad milli (convert to Islam later). In fitri cases, property devolves immediately to Muslim heirs.
Case Law
- Re Mahomed Sadiq (AIR 1935 All 1022) – Apostasy before the opening of succession disqualifies the heir.
- Syed Ali v. Karimunissa (AIR 1952 Hyd 85) – Reiterated that an apostate cannot inherit from a Muslim.
4. Illegitimacy
Illegitimate children have no inheritance rights from their father under Muslim law but may inherit from their mother and maternal relatives.
Qur’anic Principle
While the Qur’an (4:7) guarantees inheritance rights to "men and women of your family," jurists have interpreted this as applying only to legitimate lineage (nasab).
Case Law
- Sadiq Hussain v. Hashim Ali (AIR 1916 All 320) – Illegitimate child entitled to inherit from mother but not father.
5. Other Disqualifications
Some jurists include additional disqualifications:
- Slavery (historically) – a slave could not own property; thus, no inheritance rights.
- Unborn child – cannot inherit unless born alive (Sunni view).
- Absence of proof of heirship – if kinship cannot be established.
Comparison Between Sunni and Shia Views
While both schools agree on homicide, difference of religion, and apostasy, there are nuanced differences:
- Homicide – Sunni law excludes accidental killing; Shia law includes it.
- Apostasy – Shia law is stricter, especially for murtad fitri.
- Illegitimacy – Rules are largely similar, though Shia law sometimes allows limited recognition of paternal ties if acknowledged.
(For a detailed understanding of how Sunni and Shia interpretations vary in other inheritance principles, read our blog on Difference Between Sunni and Shia Law of Inheritance.)
Legal Consequences of Disqualification
When an heir is disqualified:
- Their share is redistributed among other eligible heirs according to Islamic succession rules.
- In cases of homicide, the disqualified heir cannot benefit even through bequests (wasiyat) beyond the legal one-third limit.
- Disqualification applies regardless of prior nomination unless the will explicitly grants within permissible limits.
Qur’anic Spirit and Modern Application
Islamic law views inheritance not just as a legal transfer of wealth but as a fulfillment of divine command. The Qur’an emphasizes justice, prevention of harm, and family solidarity. Disqualifications ensure that the sanctity of these principles is maintained. In countries like India, where Muslim personal law is applied through courts, these rules operate alongside the Indian Evidence Act and procedural laws.
( Also Read: General Principles of Inheritance under Muslim Law )
Conclusion
Disqualification from inheritance under Muslim law is a vital safeguard ensuring that inheritance passes only to rightful, morally and legally eligible heirs. Rooted in Qur’anic values, Prophetic traditions, and centuries of juristic interpretation, these rules prevent unjust enrichment, protect family harmony, and uphold the ethical foundations of Islamic succession.
As we move forward, understanding disqualifications also helps in interpreting related issues such as wills and bequests — our next topic, Wills (Wasiyat) under Muslim Law: Essentials and Limitations, will examine how a Muslim can distribute property voluntarily without violating the fixed rights of heirs.
