A dispute has developed in a family regarding inheritance.

Answer

It is palpably the clear that the Mufti had erred grievously by agreeing to be among the applicants who had applied to the kaafir court for implementation of Sareeh Kufr (pure, unadulterated kufr) – such kufr which undoubtedly, expels a person from the fold of Islam. Perhaps the gullible Mufti was not aware of the najaasat and kufr in which he was entrapped by the applicants.

However, there is no justification for him, after realizing the horrible kufr mess, to remain on board the kufr trip to Jahannum. It is incumbent for him to withdraw from this kufr application. Even if we have to momentarily assume that assets had been usurped as the applicants are alleging, but not in the court papers, then too, there is no justification for going to the kaafir court, and even worse, no justification for applying for a kufr decree to cancel the Law of Allah Azza Wa Jal.

If the issue was usurpation of the deceased's assets, the application should have concerned such assets, and not target the Shariah by applying for two decrees of kufr:

(1) A decree to cancel Allah's Law pertaining to inheritance, that is the Islamic Will.

(2) A decree for confirming the kufr law of succession by having the deceased declared intestate.

Even if it is assumed that your grandfather (the deceased) was mentally unfit to sign the Islamic Will, it is completely irrelevant because an Islamic Will is Allah's decree. It does not require documentary evidence for its validity nor does the person have to be sane. The Shariah's law of inheritance automatically applies to the estate of the deceased. Nothing may set it aside.

The gravity of this offence is of exceptional proportion and it cannot be viewed lightly since it obliterates the very Imaan of the applicants. May Allah Ta'ala guide the miscreant applicants, and may they be bestowed with the taufeeq to repent and renew their Imaan.