Islamic Inheritance for Grandfather

Complete Guide to a Grandfather's Share

Salaam brothers and sisters. Today we'll explore the Islamic inheritance rules for grandfathers, their fixed shares under different family configurations, and practical examples to help you understand how a grandfather's inheritance is calculated according to Shariah law.

Key Takeaways

• The paternal grandfather receives a fixed share of 1/6 when the deceased leaves children
• In the absence of children and the father, the paternal grandfather inherits as a residuary heir
• The paternal grandfather's inheritance is affected by the presence of siblings, with different rules across schools of thought
• The maternal grandfather is generally considered a distant relative with more limited inheritance rights
• Understanding the grandfather's position helps ensure proper distribution of inheritance according to Islamic principles

Understanding the Grandfather's Position in Islamic Inheritance

In Islamic inheritance law, grandfathers are categorized into two types:

1. Paternal Grandfather (Father's Father): Considered a strong heir who inherits in the absence of the father
2. Maternal Grandfather (Mother's Father): Generally considered a distant relative (dhawil arham) with more limited inheritance rights

The paternal grandfather is viewed as a primary heir who steps into the father's position when the father is deceased. His inheritance rights are derived from the general principles of Islamic inheritance and established through scholarly consensus and analogy.

The Quranic basis for the grandfather's inheritance is not explicitly mentioned, but scholars derive his position from the verse:

"For parents, a sixth share of inheritance to each if the deceased left children." (Quran 4:11)

Through scholarly interpretation, the paternal grandfather is considered to take the father's position in his absence, thus inheriting the father's share when the father is deceased.

Fixed Shares for the Paternal Grandfather

The paternal grandfather's inheritance share varies depending on the presence of other heirs:

When the Deceased Has Children

When the deceased leaves behind children (sons or daughters) or male descendants through sons (grandsons), the paternal grandfather receives one-sixth (1/6) of the estate as a fixed share.

This is similar to the father's share in the presence of children, reflecting the grandfather's position as a replacement for the father when the father is deceased.

When the Deceased Has No Children or Male Descendants

When the deceased leaves no children or male descendants through sons, the paternal grandfather inherits as a residuary heir, receiving the entire remaining estate after the allocation of fixed shares to other heirs.

In this scenario, the grandfather's position is similar to that of the father, who would also inherit as a residuary heir in the absence of sons and male descendants through sons.

When the Deceased Has Siblings

The treatment of the paternal grandfather when the deceased also leaves siblings is one of the most complex areas of Islamic inheritance law, with significant differences across schools of thought:

Hanafi School

According to the Hanafi school, the paternal grandfather excludes all siblings (full siblings and paternal half-siblings) from inheritance. The grandfather is treated similarly to the father in this respect.

Maliki, Shafi'i, and Hanbali Schools

According to these schools, the paternal grandfather does not completely exclude siblings. Instead, there are three possible scenarios:

1. Grandfather with Siblings Only: The grandfather receives either:
2. One-third of the entire estate, or

3. An equal share with the siblings (with males receiving twice the share of females), whichever is more advantageous to him

4. Grandfather with Siblings and Other Heirs with Fixed Shares: The grandfather receives either:

5. One-sixth of the entire estate, or
6. One-third of the remainder after allocating the fixed shares, or

7. An equal share with the siblings, whichever is more advantageous to him

8. Special Cases: There are several special cases (known as Akdariyyah and others) where specific rules apply

The Maternal Grandfather's Inheritance

The maternal grandfather (mother's father) has a different status in Islamic inheritance law:

According to the Hanafi and Hanbali Schools

The maternal grandfather is considered a distant relative (dhawil arham) and inherits only in the absence of: - Primary heirs (ashab al-furud) - Residuary heirs (asaba)

When he does inherit, he typically takes the position of the connecting relative (the mother).

According to the Shafi'i and Maliki Schools

The maternal grandfather generally does not inherit if the public treasury (Bayt al-Mal) is well-managed. In the absence of a well-managed public treasury, he may inherit as a distant relative.

According to the Jafari (Shia) School

The maternal grandfather inherits in the second category of heirs, in the absence of parents and children of the deceased.

Factors Affecting the Grandfather's Inheritance

Several factors can affect the inheritance shares of grandfathers:

1. Presence of the Father

The father completely excludes both the paternal and maternal grandfathers from inheritance. This is based on the principle of proximity, where closer relatives exclude more distant ones of the same class.

2. Presence of Children or Male Descendants

As mentioned earlier, the presence of children or male descendants through sons reduces the paternal grandfather's share to a fixed one-sixth.

3. Presence of Siblings

The effect of siblings on the grandfather's inheritance varies by school of thought, as detailed above.

4. Presence of Other Heirs

The shares of other heirs, such as the spouse or mother, affect the portion of the estate available for the grandfather.

Practical Examples of Grandfather's Inheritance

Example 1: Grandfather with Grandchildren

A man dies leaving behind his paternal grandfather, two sons, and one daughter. The estate is valued at $240,000.

Calculation: - Paternal grandfather's share: 1/6 = $40,000 - Remaining for children: $200,000 - Total shares for children: 5 (2 for each son, 1 for the daughter) - Each son receives: 2/5 of $200,000 = $80,000 - Daughter receives: 1/5 of $200,000 = $40,000

Example 2: Grandfather as Residuary Heir

A woman dies leaving behind her paternal grandfather, husband, and mother. The estate is valued at $180,000.

Calculation: - Husband's share: 1/2 = $90,000 - Mother's share: 1/3 = $60,000 - Paternal grandfather's share: Residue = $30,000

Example 3: Grandfather with Siblings (Hanafi School)

A man dies leaving behind his paternal grandfather, two full brothers, and one full sister. The estate is valued at $120,000.

Calculation according to Hanafi school: - Paternal grandfather excludes siblings - Paternal grandfather receives the entire estate: $120,000 - Siblings receive nothing

Example 4: Grandfather with Siblings (Maliki, Shafi'i, Hanbali Schools)

Using the same scenario as Example 3, but applying the rules of the other schools:

Calculation: - The grandfather has three options: 1. One-third of the estate: $40,000 2. Sharing with siblings (total shares: 5): 1/5 of $120,000 = $24,000 3. (Not applicable in this case as there are no other fixed-share heirs) - The most advantageous option is one-third: $40,000 - Remaining for siblings: $80,000 - Total shares for siblings: 5 (2 for each brother, 1 for the sister) - Each brother receives: 2/5 of $80,000 = $32,000 - Sister receives: 1/5 of $80,000 = $16,000

Example 5: Maternal Grandfather (Hanafi School)

A woman dies leaving behind her maternal grandfather, husband, and a paternal uncle. The estate is valued at $90,000.

Calculation according to Hanafi school: - Husband's share: 1/2 = $45,000 - Paternal uncle's share (as residuary heir): $45,000 - Maternal grandfather: Nothing (excluded by the presence of residuary heirs)

If there were no residuary heirs: - Husband's share: 1/2 = $45,000 - Maternal grandfather's share: $45,000 (as a distant relative)

Special Cases Involving Grandfathers

The Akdariyyah Case

This is a special case named after a woman called Akdariyyah, involving: - Husband - Mother - Paternal grandfather - Full sister

In this case, according to the Maliki, Shafi'i, and Hanbali schools, the sister's share is combined with the grandfather's share, and then divided between them with the grandfather receiving twice the sister's share.

Competing Grandparents

When both paternal and maternal grandparents are entitled to inherit: - The paternal grandfather typically receives a larger share as a primary or residuary heir - The maternal grandfather, when eligible to inherit, typically receives a smaller share as a distant relative

Multiple Generations of Grandfathers

When multiple generations of grandfathers are present (e.g., father's father and father's father's father): - The closer grandfather excludes the more distant one - This follows the general principle that closer relatives exclude more distant ones of the same class

Differences Across Schools of Islamic Jurisprudence

The major schools of Islamic jurisprudence differ in their approach to the grandfather's inheritance, particularly regarding his relationship with siblings:

Hanafi School

• Paternal grandfather excludes all siblings
• Recognizes the inheritance rights of distant relatives, including the maternal grandfather, in the absence of primary and residuary heirs

Maliki School

• Paternal grandfather does not exclude siblings
• Has specific rules for the grandfather's share when inheriting with siblings
• Generally does not recognize the inheritance rights of distant relatives, including the maternal grandfather, if the public treasury is well-managed

Shafi'i School

• Paternal grandfather does not exclude siblings
• Has specific rules similar to the Maliki school for the grandfather's share when inheriting with siblings
• Generally does not recognize the inheritance rights of distant relatives, including the maternal grandfather, if the public treasury is well-managed

Hanbali School

• Paternal grandfather does not exclude siblings
• Has specific rules similar to the Maliki and Shafi'i schools for the grandfather's share when inheriting with siblings
• Recognizes the inheritance rights of distant relatives, including the maternal grandfather, in the absence of primary and residuary heirs

Jafari (Shia) School

• Grandparents belong to the second category of heirs and inherit in the absence of parents and children
• Paternal and maternal grandparents inherit together, with the paternal side receiving two-thirds and the maternal side one-third
• Does not use the concept of distant relatives (dhawil arham) in the same way as Sunni schools

Common Questions About Grandfather's Inheritance

Does the grandfather inherit the same as the father?

The paternal grandfather inherits similarly to the father but with some important differences: - Like the father, he receives 1/6 when the deceased leaves children - Like the father, he inherits as a residuary heir when there are no sons or male descendants through sons - Unlike the father, his relationship with siblings varies by school of thought (in the Hanafi school, he excludes siblings like the father does; in other schools, he shares with siblings) - Unlike the father, he is excluded from inheritance if the father is alive

Can the grandfather inherit along with the father?

No, the grandfather cannot inherit along with the father. The father completely excludes the grandfather from inheritance based on the principle of proximity, where closer relatives exclude more distant ones of the same class.

How does the grandfather's inheritance differ from the grandmother's?

The paternal grandfather and grandmother have different inheritance rights: - The paternal grandfather can inherit as both a fixed-share heir (1/6 with children) and a residuary heir (in the absence of children) - The paternal grandmother only inherits as a fixed-share heir (1/6) and never as a residuary heir - The paternal grandfather can receive a larger portion of the estate as a residuary heir - The paternal grandmother's share is limited to 1/6, even if she is the only heir

What is the difference between paternal and maternal grandfathers?

The paternal grandfather (father's father) and maternal grandfather (mother's father) have significantly different positions in Islamic inheritance law: - The paternal grandfather is considered a primary heir who inherits in the absence of the father - The maternal grandfather is generally considered a distant relative (dhawil arham) with more limited inheritance rights - The paternal grandfather can inherit as both a fixed-share heir and a residuary heir - The maternal grandfather, when he does inherit, typically inherits through the connecting relative (the mother)

What is the "grandfather with siblings" problem?

The "grandfather with siblings" problem refers to the complex issue of how to distribute inheritance when both the paternal grandfather and siblings of the deceased are present. This is one of the most debated areas in Islamic inheritance law, with significant differences across schools of thought: - The Hanafi school gives preference to the grandfather, excluding siblings entirely - The other Sunni schools allow both to inherit together under specific rules - Various methods have been developed to calculate the grandfather's share in these scenarios, aiming to ensure he receives a fair portion

Modern Applications and Considerations

Legal Implementation in Muslim-Majority Countries

Different Muslim-majority countries have codified grandfather inheritance rules in various ways: - Countries following the Hanafi school (like Pakistan) typically give preference to the grandfather over siblings - Countries with Maliki influence (like Morocco) implement the rules where grandfather and siblings inherit together - Some countries have adopted hybrid approaches, combining elements from different schools

Estate Planning Considerations

Muslims should consider the following when planning their estates with grandfathers in mind: - The school of thought followed in their jurisdiction - The potential complexity of cases involving grandfathers and siblings - The possibility of using a wasiyyah (bequest) of up to one-third of the estate to provide for relatives who may receive less under the fixed inheritance shares

Calculation Tools and Resources

Modern technology has made it easier to calculate complex inheritance cases: - Islamic inheritance calculators can determine precise shares for grandfathers under different scenarios - Software applications can account for differences across schools of thought - Professional advisors specializing in Islamic inheritance can provide guidance for complex cases

Ensuring Grandfathers Receive Their Islamic Inheritance Rights

To ensure grandfathers receive their rightful inheritance according to Islamic law:

1. Education: Understand the Islamic inheritance rules, particularly those related to grandfathers in your school of thought

2. Documentation: Maintain clear records of family relationships and assets

3. Professional guidance: Consult with Islamic scholars and legal experts specialized in inheritance law

4. Calculation tools: Use Islamic inheritance calculators to determine precise shares for all heirs, including grandfathers

5. Timely distribution: Distribute inheritance promptly after settling debts and obligations to prevent disputes

Conclusion

Islamic inheritance law provides a comprehensive framework for the distribution of wealth among heirs, including grandfathers. The paternal grandfather holds a significant position, inheriting either a fixed share of one-sixth when the deceased leaves children, or as a residuary heir in the absence of children and the father.

The relationship between the grandfather and siblings presents one of the most complex areas of Islamic inheritance law, with different approaches across schools of thought. Understanding these rules helps ensure that grandfathers receive their divinely ordained shares, contributing to family harmony and financial justice.

For precise calculations based on your specific family situation and school of thought, consider using our Islamic Inheritance Calculator, which provides accurate distribution according to Shariah principles.

References

1. The Holy Quran, Surah An-Nisa (4:11-12, 4:176)
2. Sahih Al-Bukhari and Sahih Muslim (Hadith collections)
3. Al-Mughni by Ibn Qudamah
4. Fiqh al-Mawarith by Dr. Muhammad Al-Zuhayli
5. Inheritance According to the Five Schools of Islamic Law by Muhammad Jawad Mughniyya
6. The Islamic Law of Inheritance by Dr. A. Hussain
7. Resolution No. 183 (19/7) of the International Islamic Fiqh Academy
8. AAOIFI Shariah Standard No. 35 on Wills