- First impediment: Difference in religion
The deceased is a Muslim and the heir is a disbeliever, say a Jew, a Christian or belonging to any religion of disbelief. In this case, the disbeliever does not inherit from his Muslim relative. There is no difference of opinion over this fact among scholars in general, due to the following Hadeeth (narration): "No Muslim inherits from a disbeliever and no disbeliever
- inherits from a Muslim."
The deceased is a disbeliever, belonging to a particular religion, and the heir is also a
disbeliever, but belonging to another religion. In this case, they should not inherit from each other, due to the Hadeeth: "No people belonging to two different religions should inherit from each other."
There are, indeed, juristic differences as to the classification of religion. According to some scholars, disbelief as a whole is regarded as one religion; and according to others, there are three religions (apart from Islam): Judaism is a religion, Christianity is a religion and all other religions are regarded as one religion.
- Second impediment: Killing
It is well known that killing is of different kinds: for instance, the murder with no just cause, the intentional killing, semi-intentional killing, killing by mistake; and killing with just cause (like killing in implementation of legal retribution). However, scholars agree on the fact that
murder is among the impediments of inheritance, due to the Hadeeth: "The killer has nothing to inherit, and if he (the deceased) has no heir, his heir should be the closest relative to him. The killer inherits nothing." [Abu Daawood]
However, there is a difference of opinion among the scholars of Fiqh (Islamic jurisprudence) as to whether or not some forms of killing could impede the killer from inheriting.
- Third impediment: Slavery
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