Islamic Inheritance for Grandmother

Complete Guide to a Grandmother's Share

This detailed guide examines the Islamic inheritance regulations for grandmothers, outlining their fixed shares in various family scenarios, and includes practical examples to clarify how a grandmother's inheritance is determined under Shariah law.

Key Takeaways

• Grandmothers receive a fixed share of 1/6 of the estate when the mother is absent
• Both paternal and maternal grandmothers can inherit, with specific rules governing their eligibility
• When multiple eligible grandmothers are present, they share the 1/6 portion equally
• The presence of the mother excludes all grandmothers from inheritance
• Different schools of Islamic jurisprudence have varying approaches to grandmother's inheritance, particularly regarding which grandmothers are eligible to inherit

Understanding the Grandmother's Position in Islamic Inheritance

In Islamic inheritance law, grandmothers are considered among the primary heirs (Ashab al-Furud) who are entitled to fixed shares under specific circumstances. Their inheritance rights are not explicitly mentioned in the Quran but are established through the Sunnah (teachings and practices of Prophet Muhammad, peace be upon him) and scholarly consensus (ijma).

The Prophet Muhammad (peace be upon him) allocated one-sixth of the estate to the grandmother when the mother was absent. This ruling forms the basis of grandmother's inheritance in Islamic law.

Islamic jurisprudence recognizes two main categories of grandmothers:

1. Paternal Grandmother (Father's Mother): The mother of the father and her female ascendants in the direct line.
2. Maternal Grandmother (Mother's Mother): The mother of the mother and her female ascendants in the direct line.

Both categories can inherit under specific conditions, though their eligibility varies across different schools of thought.

Fixed Shares for Grandmothers

Basic Share for Grandmothers

When eligible to inherit, grandmothers receive a fixed share of one-sixth (1/6) of the estate. This share is explicitly established through the Sunnah, where the Prophet Muhammad (peace be upon him) allocated one-sixth to the grandmother.

Conditions for Grandmother's Inheritance

Several conditions affect a grandmother's eligibility to inherit:

1. Absence of the Mother: The mother of the deceased completely excludes all grandmothers from inheritance. If the mother is alive, no grandmother inherits.

2. Absence of Closer Grandmother: A closer grandmother excludes a more distant one. For example, the mother's mother excludes the mother's grandmother.

3. Valid Relationship: The grandmother must be related to the deceased through a valid lineage without any non-Muslim intermediary.

When Multiple Grandmothers Inherit

When multiple eligible grandmothers are present (such as both the paternal and maternal grandmothers), they share the one-sixth portion equally. For example, if both the paternal and maternal grandmothers are alive and eligible to inherit, each receives 1/12 of the estate.

Eligible Grandmothers Across Schools of Thought

The major schools of Islamic jurisprudence differ in their definition of which grandmothers are eligible to inherit:

Hanafi School

The Hanafi school recognizes both true grandmothers (related through a direct line of mothers or fathers) and false grandmothers (related through a combination of male and female links, except those related through a father's father's mother).

Eligible grandmothers include: - Mother's mother (and her female ascendants) - Father's mother (and her female ascendants) - Father's father's mother (and her female ascendants) - Mother's father's mother (and her female ascendants)

Maliki School

The Maliki school recognizes only true grandmothers (those related through a direct line of mothers or fathers).

Eligible grandmothers include: - Mother's mother (and her female ascendants) - Father's mother (and her female ascendants)

Shafi'i School

The Shafi'i school recognizes both maternal and paternal grandmothers in the direct line.

Eligible grandmothers include: - Mother's mother (and her female ascendants) - Father's mother (and her female ascendants) - Father's father's mother (and her female ascendants)

Hanbali School

The Hanbali school has a position similar to the Shafi'i school but with some variations.

Eligible grandmothers include: - Mother's mother (and her female ascendants) - Father's mother (and her female ascendants) - Father's father's mother (and her female ascendants)

Jafari (Shia) School

The Jafari school categorizes heirs differently, placing grandparents in the second category of heirs who inherit in the absence of parents and children.

When inheriting, paternal and maternal grandparents share the estate with the paternal side receiving two-thirds and the maternal side one-third.

Special Cases and Considerations

Paternal Grandmother When Father is Present

The schools of thought differ on whether the paternal grandmother inherits when the father is alive:

• Hanafi, Maliki, and Shafi'i schools: The paternal grandmother does not inherit if the father is alive.
• Hanbali school: The paternal grandmother inherits even if the father is alive.

This difference stems from varying interpretations of whether the father excludes his own mother from inheritance.

False Grandmothers

"False grandmothers" refer to female ascendants related through a combination of male and female links, such as the father's mother's father's mother.

• Hanafi school: Recognizes certain false grandmothers as eligible to inherit.
• Other schools: Generally do not recognize false grandmothers as heirs.

Competing Grandmothers

When both paternal and maternal grandmothers are eligible to inherit:

• They share the one-sixth equally according to the majority opinion.
• Some early scholars held that the maternal grandmother should receive the entire one-sixth, but this view is not widely accepted.

Practical Examples of Grandmother's Inheritance

Example 1: Single Grandmother

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

Calculation: - Paternal grandmother'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: Multiple Grandmothers

A woman dies leaving behind her maternal grandmother, paternal grandmother, husband, and brother. The estate is valued at $180,000.

Calculation: - Husband's share: 1/2 = $90,000 - Maternal and paternal grandmothers share 1/6 = $30,000 (each receives $15,000) - Brother's share: Residue = $60,000

Example 3: Grandmother with No Other Heirs

A man dies leaving behind only his maternal grandmother. The estate is valued at $120,000.

Calculation: - Maternal grandmother's share: 1/6 = $20,000 - Remaining $100,000 would go to other heirs if present, or to the Bayt al-Mal (public treasury) in their absence

Example 4: Grandmother Excluded by Mother

A woman dies leaving behind her mother, maternal grandmother, husband, and son. The estate is valued at $360,000.

Calculation: - Mother's share: 1/6 = $60,000 - Husband's share: 1/4 = $90,000 - Son's share: Residue = $210,000 - Maternal grandmother: Nothing (excluded by the presence of the mother)

Factors Affecting Grandmother's Inheritance

Several factors can affect the inheritance shares of grandmothers:

1. Presence of the Mother

The mother completely excludes all grandmothers from inheritance. This is based on the principle of proximity, where closer relatives exclude more distant ones of the same class.

2. Presence of the Father

As mentioned earlier, according to the Hanafi, Maliki, and Shafi'i schools, the father excludes the paternal grandmother (his mother) from inheritance. The Hanbali school, however, allows the paternal grandmother to inherit even if the father is alive.

3. Multiple Eligible Grandmothers

When multiple eligible grandmothers are present, they share the one-sixth portion equally, regardless of whether they are paternal or maternal.

4. School of Thought

The school of thought followed can significantly affect which grandmothers are eligible to inherit and under what conditions.

Common Questions About Grandmother's Inheritance

Can a grandmother inherit along with the mother?

No, the mother completely excludes all grandmothers from inheritance. If the mother is alive, no grandmother inherits, regardless of whether she is a paternal or maternal grandmother.

Do paternal and maternal grandmothers inherit equally?

Yes, when both paternal and maternal grandmothers are eligible to inherit, they share the one-sixth portion equally according to the majority opinion. For example, if both are present, each would receive 1/12 of the estate.

How many generations of grandmothers can inherit?

The number of generations of grandmothers who can inherit varies by school of thought: - All schools recognize the mother's mother and father's mother - Most schools recognize the mother's mother's mother and father's mother's mother - The Hanafi school recognizes additional "false grandmothers" related through mixed male and female links

In all cases, a closer grandmother excludes a more distant one in the same line.

Does a grandmother inherit differently from a grandfather?

Yes, grandmothers and grandfathers have different inheritance rights: - Grandmothers only inherit as fixed-share heirs, receiving 1/6 when eligible - Paternal grandfathers can inherit as both fixed-share heirs (1/6 with children) and residuary heirs (in the absence of children and the father) - Maternal grandfathers are generally considered distant relatives with more limited inheritance rights

What happens if the grandmother is the only heir?

If a grandmother is the only heir, she receives her fixed share of 1/6, and the remaining 5/6 would typically go to the Bayt al-Mal (public treasury) in the absence of other heirs. However, some scholars apply the concept of radd (return), where the remaining portion is returned to the fixed-share heirs, which would give the grandmother the entire estate.

Modern Applications and Considerations

Legal Implementation in Muslim-Majority Countries

Different Muslim-majority countries have codified grandmother inheritance rules in various ways: - Most countries recognize both paternal and maternal grandmothers as eligible heirs - Some countries follow specific schools of thought in determining which grandmothers can inherit - Modern inheritance laws often include detailed provisions for various scenarios involving grandmothers

Estate Planning Considerations

Muslims should consider the following when planning their estates with grandmothers in mind: - The school of thought followed in their jurisdiction - The potential complexity of cases involving multiple generations of grandmothers - The possibility of using a wasiyyah (bequest) of up to one-third of the estate to provide for relatives who may not automatically inherit

Calculation Tools and Resources

Modern technology has made it easier to calculate complex inheritance cases: - Islamic inheritance calculators can determine precise shares for grandmothers 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 Grandmothers Receive Their Islamic Inheritance Rights

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

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

2. Documentation: Maintain clear records of family relationships, especially for determining eligible grandmothers

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 grandmothers

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 grandmothers. When eligible to inherit, grandmothers receive a fixed share of one-sixth of the estate, reflecting Islam's recognition of extended family relationships and the importance of providing for elderly female relatives.

Understanding these rules helps ensure that grandmothers 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
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