FatwaFederal TerritoriesTransactions & Finance
AL-KAFI #1558: HUKUM MEWARISI HARTA HARAM
May heirs inherit an estate that may be unlawful because the deceased gambled, and how can they free themselves from it?
Short answer
Wealth that is truly unlawful cannot be inherited, because inheritance does not make the unlawful lawful, and the heirs must return it to its original owner if known.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Transactions & Finance
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
Wealth that is truly unlawful cannot be inherited, because inheritance does not make the unlawful lawful, and the heirs must return it to its original owner if known. If the heirs do not know the source of the wealth and there is no indication that it is unlawful, it is lawful to inherit according to the scholarly consensus cited from Imam al-Nawawi. For unlawful gambling proceeds, the unlawful portion should be spent on public Muslim interests or given to the poor and needy, and if its amount is unknown, the heirs should estimate it through ijtihad.
Written in our own words from the original fatwa — check the source before acting on it.
Kesimpulannya, tidak boleh bagi seseorang itu mewarisi harta haram dari seseorang. Dan wajib ke atasnya untuk memulangkan harta tersebut kepada pemiliknya yang asal jika didapati.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI #1558: HUKUM MEWARISI HARTA HARAM”, 23 January 2020. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/4051-al-kafi-1558-hukum-mewarisi-harta-haram. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/ruling-on-inheriting-unlawful-wealth/