Why is a Murtadah’s (female renegade) wealth inherited and not a Murtad’s (except what was earned in Islam)?

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

A Murtad’s (male renegade) estate which was acquired while he was a Muslim will be inherited by his heirs and the portion which he acquired during the state of irtidad (apostasy) will be given to the needy. [1]

If a female becomes a renegade (murtaddah), her entire estate will be inherited by her Muslim heirs, whether she had acquired the wealth during her state of Islam or irtidad (apostasy).

The reason for this is because a female renegade (murtaddah) is not killed, whereas a male Murtad is to be killed because of apostasy.

According to Shari’ah, the protection and validity of the wealth is according to the individual’s life. Hence, a female renegade’s wealth belongs to her until her death, so her heirs will inherit all of it, contrary to a male Murtad’s wealth, as he is to be killed upon leaving Islam. [2]

Note: In the book(Kitaabul Meerath by Majlisul Ulama of South Africa) on page 146 The Murtad it is stated the estates of renegades (both male and female) will be inherited. It must be noted that a male renegade’s wealth only that which was earned in Islam will be inherited.

And Allah Ta’āla Knows Best

Arshad Ali

Student Darul Iftaa
Trinidad

Checked and Approved by,
Mufti Ebrahim Desai.

http://www.daruliftaa.net/