Inheritance of grand children.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
First of all, I would like to appreciate the service u do for the community,, its really a great thing and may Allah bless u all...
My doubt this time is regarding the inheritance law of properties and assets(wealth)
I heard that it is mentioned in the Quran that if a man(Say Mr. A) dies, before the allocation of the shares from his father, and he has children alive(Say Mr. B and Mr. C), these children(Mr. B and Mr. C) will not receive any share of the wealth that their father(Mr. A) is entitled to receive from their Grand father(Father of Mr. A). Is this true? Or how is it justified??
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Inheritance of grand children
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Your Question: ..I heard that it is mentioned in the Quran that if a man(Say Mr. A) dies, before the allocation of the shares from his father, and he has children alive(Say Mr. B and Mr. C), these children(Mr. B and Mr. C) will not receive any share of the wealth that their father(Mr. A) is entitled to receive from their Grand father(Father of Mr. A). Is this true? Or how is it justified??
Respected brother in Islam, it is not that all those who are not eligible to receive inheritance are mentioned by Allah Subhanah in His Glorious Quran; but rather the Glorious Quran lists all the legal heirs who are eligible to receive their lawful share of the inheritance left behind by their deceased loved one.
Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 11-14:
11 Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.
12 In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.
13 Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.
14 But those who disobey Allah and His Messenger, and transgress His limits will be admitted to a Fire to abide therein: and they shall have a humiliating punishment.
It is indeed true that ones grand-children are neither listed nor considered as ones legal heirs in Shariah Law. Thus if a man (Mr. A) dies while his father is still alive, the wealth left behind by Mr. A will be distributed to his surviving legal heirs who are his father, his mother, his wife, and his children (Mr. B and Mr. C).
But when the father of Mr. A (who is already dead) dies, the wealth of the father will be distributed to his surviving legal heirs (those who are alive amongst his parents, his wife and his children). The grand-children (Mr. B and Mr. C) have no share in the inheritance of their grand-father.
Because there are obvious blood ties between a grand-father and his grand-children, the grand-father is well within his rights that he may, if he so wills, make a will and bequeath upto a maximum of one-third of his wealth to his grand-children (or anyone else for that matter).
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,