Studi Komparatif Pandangan Ibn Taimiyah dan Imam Nawawi Tentang Waris Beda Agama

Abstract

This study explores the differing scholarly views on inheritance between Muslims and non-Muslims, focusing on the opinions of Ibn Taimiyah and Imam Nawawi. The research aims to: (1) understand the inheritance laws across religions according to both scholars, and (2) identify the legal foundations underlying their views. This is a normative study employing library research within a normative Islamic legal framework, examining textual sources related to Islamic inheritance law.

The findings reveal that Ibn Taimiyah permits inheritance between different religions in limited cases—specifically, when a Muslim inherits from a non-Muslim dhimmi relative, but not vice versa. In contrast, Imam Nawawi strictly prohibits inheritance between adherents of different religions under any circumstances.

Ibn Taimiyah bases his opinion on qiyas (analogical reasoning), comparing non-Muslim dhimmis to the People of the Book. He draws an analogy to marriage law, where a Muslim man may marry a woman from the People of the Book, but the reverse is not permitted. Imam Nawawi’s position, on the other hand, is grounded in the hadith of the Prophet Muhammad ﷺ: “A Muslim does not inherit from a non-Muslim, and a non-Muslim does not inherit from a Muslim” (HR. Muslim). He interprets “non-Muslim” broadly to include all types of non-Muslims, both dhimmi and harbi, a view widely supported by companions, tabi’in, and later scholars.