Shar‘i Ruling on Inheritance from Grandmother When Mother Passed Away Before Her
Question:
A woman inquired about her right to inherit from her maternal grandmother (nani). Her mother passed away on August 31, 1989, while her grandmother passed away later on December 31, 1989. The grandmother had two sons and daughters among her surviving children. The mother, however, died before the grandmother, while the other siblings (two brothers and one sister) died after the grandmother.
The question is: Does the daughter (i.e., the inquirer) have any share in the grandmother’s inheritance, given that she is in need? Her maternal uncles and aunts’ children have told her she has no right, since her mother passed away before the grandmother.
Answer by Fadheelat al-Bahith Dawood Ismail حفظه الله
In this case, the statement of the maternal uncles and cousins is correct. According to Islamic inheritance laws, a person who dies before the deceased (from whom inheritance is claimed) does not receive any share from that inheritance.
Since the inquirer’s mother passed away before the grandmother, she is not considered an heir. Consequently, the children of the deceased mother (i.e., the inquirer) are also not entitled to any share in the grandmother's estate.
Shar‘i Principle:
❖ "مَن مات قبل المورِّث فلا إرث له"
(Whoever dies before the one whose estate is to be distributed does not inherit.)
Inheritance is transferred only to living heirs at the time of the deceased’s death. Since the mother was not alive at the time of the grandmother’s death, neither she nor her children are considered among the heirs.
Conclusion:
✔ The inquirer does not inherit from her grandmother because her mother predeceased the grandmother.
✔ According to Shari‘ah, only those alive at the time of death of the deceased are eligible to inherit.
✔ Need or financial hardship does not influence the distribution of inheritance unless stipulated by a valid wasiyyah (will) within one-third of the estate.
وَٱللَّهُ أَعْلَمُ
And Allah knows best.
