Do Homosexuals Inherit in Islam?

Question: Homosexual people who were once in the fold of Islam do not inherit? Allahu Akbar. Why is it so, Akhi? Explain more. A Hadith reference.

Praise to Allah

Summary: 

The question has two parts:

1. Homosexuals who remain Muslims:
   • Homosexuality is a grave sin in Islam but it does not automatically makes one a Kafir.
   • For Muslims who have committed homosexual acts but remain within the fold of Islam, there is no sharee’ah evidence indicating that they are prevented from receiving their rightful shares of the inheritance.
2. Homosexuals who leave Islam (apostates):
   • Apostates (those who leave Islam Or say that Homosexuality is HALAL are disbelievers) do not inherit from Muslims as non-Muslims do not inherit from Muslims.
   •  Homosexuality in a Shariah State: A Shariah-compliant state does not recognize homosexual marriage, homosexuals do not inherit from each other. This is based on the principle that inheritance laws are derived from Islamic principles which do not recognize same-sex unions​ 

Detailed Answer:

Homosexuality in Islam:

Homosexuality is not kufr (disbelief) or shirk (associating partners with Allah). It is like other major sins such as stealing, drinking intoxicants, committing adultery, or fornication. Homosexuality is a sin, but it does not take someone out of the fold of Islam unless they declare what is haram (forbidden) in to halal (permissible). Saying that something forbidden in Islam is permissible can make someone a kafir because it goes against the Quran and Allah’s commands.

The biggest issue arises when people object to Islamic rulings, claiming freedom of choice or natural inclination. Regardless of feelings, convictions, and beliefs matter. Is homosexuality haram? Yes. Thus, a person remains a Muslim but may struggle with the inclination. If they resist it, they are in Jihad against their desires and will be rewarded by Allah. If they sin, they should repent and seek forgiveness from Allah, who will accept and transform their sins into good deeds InshaAllah

Muslims who commit certain sins can still inherit their lawful shares unlike the apostates as Inheritance is a Right of a Muslim.

Impediments to Inheritance:

Islamic inheritance laws stipulate certain impediments that can prevent individuals from inheriting. These include:

1. Difference of Religion
2. Murder
3. Slavery

First Impediment: Difference in Religion

If the deceased follows a religion and the heir follows another, this difference prevents them from inheriting from each other. This includes:

• A Muslim Deceased and a Non-Muslim Heir: A non-Muslim does not inherit from a Muslim. The Hadith supports this:

“No Muslim inherits from a disbeliever and no disbeliever inherits from a Muslim.”

Al-Bukhari, 6764; Muslim, 1614​ 

• A Non-Muslim Deceased and a Muslim Heir: A Muslim does not inherit from a non-Muslim. The majority of scholars agree on this based on the same Hadith.
• Different Non-Muslim Religions: Disbelievers of different religions do not inherit from each other. As stated in the Hadith:

“No people belonging to two different religions should inherit from each other.”

Abu Dawood, 2911; At-Tirmidhi, 2109

Second Impediment: Murder

• If an heir murders the person he/she were to inherit from, such as if a son murders his father, or a person murder’s their spouse, etc.. such a murderer is disqualified from inheriting from their victim. The Hadith states:

“The killer does not inherit.”

Abu Dawood, 4564; Ibn Majah, 2735

• Scholars agree that intentional killing is an impediment, though they differ on whether accidental killing also disqualifies the heir.

Third Impediment: Aboodia عبودية (loosely translated to slave)

• An Abd cannot inherit from a free person because they do not possess property in their own right.

In Islam, adhering to the bounds of permissible sexual activity is crucial for protecting family and lineage (nasl and nasab), a key objective of the Shariah. Non-marital sex risks obscuring lineage, known as khalṭ al-ansāb, which is critical for several reasons, including the fulfillment of inheritance rights that depend on clear identification of blood relatives and the establishment of Mahram and non-Mahram persons. Blood ties must be established through natural reproduction, not artificial means. The Shariah prohibits practices like surrogacy, egg donors, and sperm donors, considering them equivalent to zinā (adultery or fornication). The only exception is artificial insemination between a married couple using their own genetic material. This ensures that the child is conceived and carried by the biological parents, maintaining the natural family structure intended by Allah.

Conclusion:

In summary, homosexuality, like other sins, does not exclude one from Islam, but it is a grave sin. For those who leave Islam, the rules of inheritance prevent them from inheriting from Muslim relatives. This ensures the protection of lineage and adherence to Islamic principles.

And Allah Knows Best