A Sunni Mufti's Answer on Shia Inheritance Cases

Question

If a Hanafi mufti is familiar with the Shia rules of inheritance, how should he handle an istifta in which the senior deceased (the top link in the chain) is a Shia while the remaining deceased and heirs are Sunni; or the senior deceased is Sunni while the remaining deceased and heirs are either all Shia or partly Shia and partly Sunni?

Answer

It is not permissible in the Shari‘ah to answer with regard for that sect of the Shia which is kafir (disbelieving); rather, they too are to be answered on the basis of those causes of inheritance recognized as valid among Ahl al-Islam (the Muslims).

Source: Fatawa Mahmudiyya

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