Question
In an inheritance dispute, one party applied to the High Court to invalidate the deceased's Islamic Will, and to declare that he had died intestate so that his estate could be distributed in accordance with the kuffaar law of inheritance. What is the ruling of the Shariah regarding this party?
Answer
The Qur'aan Majeed declares: "Those who do not decree/decide/judge according to that (Shariah) which Allah has revealed, verily, they are kaafiroon …..Verily, they are faasiqoon….Verily, they are zaalimoon." (Al-Maaidah, 44, 45 and 47) The application made to court is kufr. The party who had committed this vile act of kufr has destroyed his Imaan. He has become a murtad. If he desires to return to the fold of Islam it will be imperative that he withdraws his kufr application, repents, and renews his Kalimah. In addition, he has to renew his Nikah if he happens to be married.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 20 No 10
- PDF page
- 8
Verbatim verified against the source PDF
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