❖ Inheritance Rights of a Grandson and the Shar‘i Ruling
Source: Fatawa ‘Ulama-e-Hadith – Kitab al-Salat, Vol. 1
❖ Question:
Can a grandson (پوتا) inherit from his grandfather (دادا) according to any Islamic school of thought?
❖ Answer:
✦ Hanafi Position:
According to the Hanafi school, a grandson does not inherit from his grandfather if the son of the deceased (i.e., the grandson's father) or other direct children are alive.
✦ Position of Other Schools of Thought:
All major Islamic schools — including:
✔ Hanafis
✔ Malikis
✔ Shafi‘is
✔ Hanbalis
✔ Shi‘ah Imamiyyah
✔ Zaydis
✔ Zahiris
— unanimously agree that if the deceased’s direct children are alive, then grandchildren (paternal) do not inherit.
✦ Shar‘i Principle: "الأقرب فالأقرب" (Nearest of Kin)
Islamic inheritance law is based on the principle:
"الأقرب فالأقرب"
❝ The closer relative is given precedence in inheritance. ❞
Thus, the son is a closer heir to the deceased than the grandson, which is why the grandson is excluded from inheritance when a son is present.
✦ Evidence from the Qur'an
"يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ، لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ"
"Allah commands you concerning your children: for the male, a share equal to that of two females."
[Surah An-Nisa: 11]
The term "أولاد" (children) refers directly to sons and daughters, and not to grandchildren unless the children themselves are not present.
✦ Evidence from Hadith
The Prophet Muhammad ﷺ said:
"اقْسِمُوا المَالَ بَيْنَ أَهْلِ الْفَرَائِضِ عَلَى كِتَابِ اللَّهِ، فَمَا تَرَكَتِ الْفَرَائِضُ فَلِأَوْلَى رَجُلٍ ذَكَرٍ"
"Distribute the inheritance among the rightful heirs according to Allah’s Book. Then, whatever remains, give it to the nearest male relative."
[Sahih al-Bukhari, Hadith: 6732]
❖ Legal Position in Pakistan
Under the 1961 inheritance law in Pakistan:
◉ If a person dies and their son or daughter had already passed away, the children of that deceased child (i.e., grandchildren) will inherit the share of their parent.
However, this law contradicts Islamic teachings and the consensus of all major jurists.❖ Islamic Solution for Orphaned Grandchildren
Islam provides alternate avenues to ensure financial care for orphaned grandchildren:
✔ ① ① Bequest (وصیت):
The deceased may allocate up to one-third of their estate for their grandchildren through a valid will (وصیت).
✔ ② Gift (ہبہ) During Lifetime:
The grandfather can gift (ہبہ) a portion of his wealth to his grandchildren during his lifetime, which is permissible and valid under Shari‘ah.
❖ Summary:
◈ According to all schools of thought, when the deceased’s direct children are alive, the grandchildren (paternal) do not inherit.
◈ Inheritance in Islam is based on nearness of relation, and the son excludes the grandson.
◈ In case of orphaned grandchildren, a will (up to one-third) or lifetime gifts may be used to ensure their financial support.
والله أعلم بالصواب
