Question:
It was stated in the book The Ideal Economic Policy, page 105, fifth line: "As for the Dar al-Harb (Abode of War), anyone who does not hold Islamic citizenship is considered a foreigner, whether they are Muslim or non-Muslim. They are treated as a Harbi (combatant) by ruling, except that a Muslim’s blood and wealth are not permissible. As for rulings related to wealth and other matters, they are treated exactly like a non-Muslim; they are not entitled to maintenance, nor do they inherit from any of the citizens of the State, nor are they inherited from."
The question is: Is the abode one of the impediments to inheritance, like murder, slavery, and difference of religion? If we assume a Muslim man lives in Dar al-Kufr (Abode of Disbelief) and has a Muslim father in Dar al-Islam, and his father dies, what is the evidence for him not inheriting? Does he deserve this wealth or not, based on the saying of the Messenger (saw): "Indeed, Allah has given everyone with a right their due right"?
Answer:
An impediment (al-mani’) is: that whose presence necessitates absence...
The impediments to inheritance agreed upon by the four Imams are three: slavery, murder, and difference of religion. They differed on other matters, including apostasy (riddah) and difference of abode (ikhtilaf al-darayn)... and all of these have details...
We adopt the difference of abode as an impediment to inheritance. That is, one who lives in Dar al-Kufr does not inherit from, nor is inherited by, one who lives in Dar al-Islam. This refers to the original resident—what is called today a "citizen"—and not someone who goes for a purpose and then returns... Nor does it refer to the difference between the two [state] entities existing in the Muslim lands today where no Dar al-Islam exists, such as Iraq and Syria... because the origin of Muslim lands is that they should be one Dar (Abode). In these cases, inheritance is not prevented.
As for the difference of abode that prevents inheritance, it is in the case where there is a Dar al-Islam and a Dar al-Harb, and the Muslim does not migrate from Dar al-Harb to Dar al-Islam but remains a "citizen" in Dar al-Harb. In this case, the difference of the two abodes is an impediment to inheritance. Allah (swt) has denied the wilayah (authority/loyalty) between those who migrated and those who did not, saying:
وَالَّذِينَ آمَنُوا وَلَمْ يُهَاجِرُوا مَا لَكُمْ مِنْ وَلَايَتِهِمْ مِنْ شَيْءٍ حَتَّى يُهَاجِرُوا
"And as for those who believed but did not emigrate, you have no duty of protection towards them until they emigrate." (Surah Al-Anfal 8:72)
If Dar al-Islam exists and the resident in Dar al-Harb does not migrate to it but remains a citizen of the warring state, then this ruling applies to him. That is, his staying in Dar al-Harb without migrating to Dar al-Islam becomes an impediment to inheritance, unless his staying in Dar al-Harb is for a legitimate reason. This is mentioned in The Islamic Personality, Volume 2, in the chapter "Migration from the Abode of Disbelief to the Abode of Islam," specifically: "...except that the one who can manifest his religion and perform the required Shari'ah rulings, if he has the ability to transform the Dar al-Kufr where he lives into Dar al-Islam, then it is forbidden for him in this case to migrate from Dar al-Kufr to Dar al-Islam. Whether he has this ability by himself, or through his group with the Muslims in his country, or by seeking help from Muslims outside his country, or by cooperating with the Islamic State, or by any other means—he must work to make Dar al-Kufr an Abode of Islam, and migration from it is then forbidden for him." [End quote]. For these and their like, their remaining is a legitimate matter... and it does not affect inheritance.
Likewise, what was mentioned in The Introduction [to the Draft Constitution], Part 2, Article 189. I convey to you some of what was stated in the Introduction in this chapter:
(...Accordingly, if there is a Dar al-Islam, then settling in Dar al-Kufr for one who is obligated to migrate is haram. Furthermore, settling in Dar al-Kufr makes the Muslim one of the people of Dar al-Kufr, so the rulings of Dar al-Kufr apply to him regarding relations with the Islamic State and relations with other individuals. Thus, the hadd (prescribed punishment) is not carried out against him "as long as he resides in Dar al-Kufr because he is not under the authority of the Muslims," Zakat is not collected from him, he does not inherit from others who are in Dar al-Islam, and maintenance (nafaqah) is not obligatory for him from those in Dar al-Islam who would be obligated to provide it if he were in Dar al-Islam. This is because the people of Dar al-Kufr are not subject to Shari'ah rulings; they do not have the rights of Muslims, nor the duties of Muslims, so the rulings do not encompass them. The evidence for this is that Muslims do not only demand from those in Dar al-Kufr to accept Islam, but also to come under the authority of Islam. Sulayman bin Buraida narrated from his father, who said:
كَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم إِذَا أَمَّرَ أَمِيرًا عَلَى جَيْشٍ أَوْ سَرِيَّةٍ أَوْصَاهُ فِي خَاصَّتِهِ بِتَقْوَى اللَّهِ وَمَنْ مَعَهُ مِنْ الْمُسْلِمِينَ خَيْرًا، ثُمَّ قَالَ: اغْزُوا بِاسْمِ اللهِ فِي سَبِيلِ اللهِ، قَاتِلُوا مَنْ كَفَرَ بِاللهِ، اغْزُوا وَلاَ تَغُلُّوا وَلاَ تَغْدِرُوا وَلاَ تَمْثُلُوا وَلاَ تَقْتُلُوا وَلِيدًا، وَإِذَا لَقِيتَ عَدُوَّكَ مِنْ الْمُشْرِكِينَ فَادْعُهُمْ إِلَى ثَلاَثِ خِصَالٍ أَوْ خِلالٍ، فَأَيَّتُهُنَّ مَا أَجَابُوكَ فَاقْبَلْ مِنْهُمْ وَكُفَّ عَنْهُمْ، ثُمَّ ادْعُهُمْ إِلَى الإِسْلاَمِ فَإِنْ أَجَابُوكَ فَاقْبَلْ مِنْهُمْ وَكُفَّ عَنْهُمْ، ثُمَّ ادْعُهُمْ إِلَى التَّحَوُّلِ مِنْ دَارِهِمْ إِلَى دَارِ الْمُهَاجِرِينَ وَأَخْبِرْهُمْ أَنَّهُمْ إِنْ فَعَلُوا ذَلِكَ فَلَهُمْ مَا لِلْمُهَاجِرِينَ وَعَلَيْهِمْ مَا عَلَى الْمُهَاجِرِينَ، فَإِنْ أَبَوْا أَنْ يَتَحَوَّلُوا مِنْهَا فَأَخْبِرْهُمْ أَنَّهُمْ يَكُونُونَ كَأَعْرَابِ الْمُسْلِمِينَ يَجْرِي عَلَيْهِمْ حُكْمُ اللهِ الَّذِي يَجْرِي عَلَى الْمُسْلِمِينَ وَلا يَكُونُ لَهُمْ فِي الْغَنِيمَةِ وَالْفَيْءِ شَيْءٌ إِلاَّ أَنْ يُجَاهِدُوا مَعَ الْمُسْلِمِينَ...
"Whenever the Messenger of Allah (saw) appointed a commander over an army or a detachment, he would exhort him personally to fear Allah and to be good to the Muslims with him. Then he said: 'Fight in the name of Allah and in the way of Allah. Fight those who disbelieve in Allah. Fight and do not embezzle (the spoils), do not break treaties, do not mutilate (bodies), and do not kill children. When you meet your enemy from the polytheists, invite them to three matters or options; whichever of them they respond to, accept it from them and desist from them. Then invite them to Islam; if they respond, accept it from them and desist from them. Then invite them to move from their abode to the abode of the Muhajireen (Emigrants), and inform them that if they do that, they will have the same rights as the Muhajireen and the same duties as the Muhajireen. If they refuse to move from there, inform them that they will be like the desert-dwelling Muslims; the ruling of Allah that applies to the Muslims will apply to them, but they will have no share in the spoils (ghanimah) or the fay' (state treasury) unless they fight alongside the Muslims...'" (Narrated by Muslim)
So the Messenger of Allah (saw) says: 'Then invite them to move from their abode to the abode of the Muhajireen and inform them that if they do that, they will have the same rights as the Muhajireen and the same duties as the Muhajireen' (Narrated by Muslim). This is a text that stipulates the transformation in order for them to have what we have and be bound by what we are bound by, meaning for the rulings to encompass them...) [End quote].
Thus, the difference of abode in the manner we have explained prevents inheritance.