Wednesday, 29 April 2026 (12 Dhuʻl-Qiʻdah 1447 AH)
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[A Man Who Deliberately Killed His Relative While Being His ʿAṣabah – Does He Inherit Him?]

Fatwa No: 24173
Date: 2026/04/27
Answered by: System Fatwa Committee
Views: 1

Question: A man deliberately killed his relative, and the killer is the closest ʿaṣabah (agnate heir) of the murdered person. At the time he killed him, his (the killer’s) wife was pregnant with a child. Who receives the ʿaṣabah [share]?

Answer: Those entitled to fixed shares take their fixed shares, and the remainder is taken by the ʿaṣabah of the murdered person who are next after the killer. In the case mentioned in the question, the ʿaṣabah are taken by the killer’s son, with whom his mother was pregnant, if he is born alive, and no share belongs to anyone born after him. The proof of this is that it is established in the narrations that the deliberate killer does not inherit; and when he does not inherit, his existence is as non-existence. At that point, the ʿaṣabah belong to the closest agnate to the murdered person, other than the killer, and the closest in this case is the killer’s son.

Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2