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Topic: Maintaining Relations With a Muslim Son Living With a Non-Muslim Woman, and His Right to Inheritance

(No-46212)

Q A Muslim couple's son married a Hindu woman several years ago and, to this day, continues to live with her as husband and wife without her embracing Islam.
Following this marriage, his parents severed ties with him for several years. However, due to their natural affection for their son, they have recently resumed limited contact with him. They do not, however, have any contact or relationship with his wife.
They seek guidance on the following questions:
1. According to Islamic law, to what extent are they permitted to maintain a relationship with their son in this situation?
2. Should the parents completely sever ties with him, or is maintaining limited contact permissible?
3. Will this son remain entitled to the same share in his parents' estate as their other sons under the Islamic law of inheritance, despite his marriage to a non-Muslim woman who has not accepted Islam?
Kindly provide a detailed ruling in light of the Qur'an, Sunnah, and the principles of Islamic jurisprudence.

a
Since the woman in question has not accepted Islam, a valid Islamic marriage between her and the Muslim man has not taken place. Therefore, their living together as a couple and maintaining a marital relationship is forbidden and impermissible in Islamic law.
Allah says: *"And do not marry polytheist women until they believe."* (Al-Baqarah: 221)

*1) Maintaining or Cutting Ties*
In Islamic law, cutting ties with a fellow Muslim for more than three days without a valid reason is not permissible. However, when a person is openly committing a major sin and refuses to accept advice, it is permissible, and in some cases necessary, to temporarily boycott them or adopt a firm stance toward them as a means of correction and warning.
The following points should be kept in mind:
If the parents believe that firmness and a boycott are likely to make the son abandon this unlawful relationship, then adopting a strict stance is appropriate.
If, however, there is genuine concern that cutting ties completely may cause him to drift further away from the Deen, or even lead to apostasy, then maintaining limited contact with wisdom and care is permissible.
If contact is maintained, the sole purpose should be his correction, sincere advice, and wellbeing. No behaviour should be adopted that gives the impression of approving or accepting this unlawful relationship.
*2) Inheritance*
A Muslim committing a major sin does not leave the fold of Islam, as long as he has not committed clear-cut disbelief or apostasy. Therefore, if this person remains a Muslim in his beliefs, he will still be considered a Muslim despite his sinfulness. Accordingly, after the parents' death, he will be entitled to his full share of the inheritance just like the other heirs. He cannot be deprived of his inheritance merely on account of disobedience or sin. Islamic law does not give anyone the authority to disinherit a legal heir by declaring him disowned.
However, if the parents wish to distribute their wealth as gifts during their own lifetime, and out of this consideration wish to give this son a lesser amount as a form of warning, they may do so. But whatever remains of the estate after their death must be distributed among all legal heirs, including this son, according to their fixed shares. They cannot be deprived of what Islamic law has entitled them to.

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الدلائل:

*القرآن الکریم: (البقرہ:۲۲۱)*
وَلَا تَنْکِحُوْا الْمُشْرِکَاتِ حَتَّی یُؤْمِنَّ ۔ _

*الدر المختار مع رد المحتار: (كتاب الطلاق، ‌‌باب العدة، ‌‌فصل في ثبوت النسب، 555/3)*
لایجوز نکاح المجوسیات ولا الوثنیات وسواء فی ذلک الحرائر منھن والاماء کذا فی السراج الوھاج ویدخل فی عبدۃ الاوثان عبدۃ الشمس والنجوم والصور التی استحسنوھا۔ الخ۔ (عالمگیری ص ۲۸۱، ج ۱)"

*الدر المختار :*
"وفي مجمع الفتاوى: نكح كافر مسلمة فولدت منه لا يثبت النسب منه ولا تجب العدة لأنه نكاح باطل..... وفي الرد:قوله: لأنه نكاح باطل) أي فالوطء فيه زنا لا يثبت به النسب، بخلاف الفاسد فإنه وطء بشبهة فيثبت به النسب ولذا تكون بالفاسد فراشا لا بالباطل."


Allah the Almighty knows best.
Darul ifta Al-Ikhlas, Karachi.

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