Question
Can a grandson become an heir to his grandfather’s estate according to another school of thought?
Answer
According to the Hanafis:
A grandson does not become an heir to his grandfather’s estate when the grandfather’s son (i.e., the grandson’s father) or other direct offspring is alive.
The position of the other jurisprudential schools:
All the well-known jurisprudential schools (Hanafi, Maliki, Shafi’i, Hanbali, Imami Shi’a, Zaydi and Zahiri) agree that if the grandfather’s direct offspring is alive, the grandson or granddaughter does not become an heir.
The principle of the Shariah:
In the Shariah, the principle “الأقرب فالأقرب” (giving preference to the closer relative) has been adopted for inheritance.
A son is the closer heir to the grandfather’s estate, so a grandson or granddaughter does not receive an inheritance.
In the light of the Quran and Hadith
The Holy Quran:
Allah the Exalted says:
“Allah instructs you concerning your children: the share of the male is equal to the share of two females.”
The word “اولاد” directly includes sons and daughters, while grandsons and granddaughters are included only when there are no sons.
The Blessed Hadith:
The Messenger of Allah ﷺ said:
“Give the prescribed shares to those entitled to them; then whatever remains is for the nearest male relative of the deceased.”
The law in Pakistan:
According to a law of 1961, if a person leaves behind the children of a son or daughter who had died during his lifetime, those grandsons or granddaughters will receive the share that their parents would have received.
This law has been declared contrary to Islamic teachings and the consensus of jurisprudential opinion.
The Islamic solution:
In Islam, the following principles exist for taking care of the needs of an orphaned grandson or granddaughter:
◄ The deceased may allocate a portion of his estate through a bequest for his orphaned grandsons or granddaughters (a bequest may be up to one-third of the total estate).
◄ If the grandfather gave them a gift (hibah) during his lifetime, this is permissible according to the Shariah.
Summary:
According to any school of thought, in the presence of the grandfather’s direct offspring, a grandson or granddaughter does not become an heir.
In the Shariah, preference is given to the closer heir, and grandsons or granddaughters receive a share only when the grandfather has no direct offspring.
To meet the financial needs of orphaned grandsons and granddaughters, the method of bequest or gift may be adopted.
