The Muslim's succession in non-Muslim lands

A Muslim living under a civil law system (France, Belgium, Quebec...) inherits under the civil law of the country: the practical question is to organize the estate so as to come as close as possible to the shares fixed by Allah (sura an-Nisa 11-12) through the lawful instruments that this law provides.

The principle adopted by contemporary bodies

The European Council for Fatwa and Research (ECFR), from its 5th ordinary session (Amsterdam, 1999), allowed a Muslim to inherit from his non-Muslim relatives and to accept their bequests, considering that the classical prohibition targets the hostile disbeliever and not a relative living under the same civil law: this is a foundation of the fiqh of European minorities. Its constant principle: respect the law of the country within its own framework, and use the margin of freedom to apply the divine shares.

In France, the Civil Code (article 913) reserves for children half of the estate for one child, one third for two, one quarter for three or more: this reserved portion matches the spirit of the divine shares. The disposable portion, the remainder, can be directed by will toward non-heirs or charitable works, within the Islamic limit of one third when heirs exist: "One third, and one third is much" (al-Bukhari 5039).

The lawful instruments

• The will: the Civil Code (article 969) admits the handwritten will, the authentic will and the mystic will; the Muslim settles the disposable portion there in favor of non-heirs or works, never in favor of an heir without the agreement of the co-heirs after death: "There is no bequest in favor of an heir" (at-Tirmidhi 2120).
• The gift during life: outside the civil estate within its legal limits, it allows advancing assets to children beyond the shares, with advice from a jurist regarding the civil clawback of excessive gifts.
• The tawliya (free management): entrust execution to an executor (wasi) who will follow the Islamic shares within the available margin.

The limits to know

The children's reserved portion cannot be circumvented: excessive gifts are brought back into the civil estate (Civil Code). Debts come before any division, as in fiqh. The European bodies recall that the legal city is a social contract: the Muslim complies with it and seeks the closest possible application of the shares without fraud.

Practical note

Draft a will with a notary, appoint a competent executor, and review it at every family event: forgetting the will leaves the civil law to decide alone.