Islamic Inheritance for Great Grandparents

Complete Guide to Great Grandparents' Share

This thorough guide delves into the Islamic inheritance laws for great-grandparents, detailing their fixed shares across various family structures, and provides practical examples to illustrate how their inheritance is computed under Shariah law.

Key Takeaways

• Great grandparents are considered distant relatives (dhawil arham) in most schools of Islamic jurisprudence
• Great grandparents generally inherit only in the absence of closer heirs such as parents, grandparents, children, and siblings
• The paternal great grandfather may inherit as a residuary heir in some circumstances according to certain schools
• Great grandparents' inheritance rights vary significantly across different schools of Islamic jurisprudence
• Alternative provisions such as gifts during lifetime (hibah) and bequests (wasiyyah) can be used to support great grandparents

Understanding Great Grandparents' Position in Islamic Inheritance

In Islamic inheritance law, heirs are categorized based on their proximity to the deceased. The primary categories that establish inheritance rights are:

1. Primary heirs (Ashab al-Furud): Those entitled to fixed shares as explicitly mentioned in the Quran, including spouses, parents, and children.
2. Residuary heirs (Asaba): Those who inherit the remainder after the fixed shares are distributed, primarily male relatives in the male line.
3. Distant relatives (Dhawil Arham): Those related to the deceased but not included in the first two categories.

Great grandparents—the parents of one's grandparents—generally fall into the third category of distant relatives (dhawil arham) according to most schools of Islamic jurisprudence. This classification affects their inheritance rights significantly, as they typically inherit only in the absence of primary and residuary heirs.

The Quran does not explicitly mention great grandparents' shares, unlike parents and grandparents. Their inheritance rights are derived from scholarly interpretation, analogy (qiyas), and the general principles of Islamic inheritance.

Types of Great Grandparents in Islamic Inheritance

Islamic inheritance law distinguishes between different types of great grandparents based on their lineage:

Paternal Great Grandparents

1. Paternal great grandfather (father's father's father): Considered the closest among great grandfathers and may inherit as a residuary heir in some circumstances.
2. Paternal great grandmother (father's father's mother): Generally considered a distant relative.
3. Father's mother's father: Generally considered a distant relative.
4. Father's mother's mother: Generally considered a distant relative.

Maternal Great Grandparents

1. Mother's father's father: Generally considered a distant relative.
2. Mother's father's mother: Generally considered a distant relative.
3. Mother's mother's father: Generally considered a distant relative.
4. Mother's mother's mother: Generally considered a distant relative.

Great Grandparents' Inheritance Shares Across Schools of Thought

The inheritance rights of great grandparents vary significantly across different schools of Islamic jurisprudence:

Hanafi School

In the Hanafi school, great grandparents are generally classified as distant relatives (dhawil arham) with the exception of the paternal great grandfather in the direct male line, who may inherit as a residuary heir in the absence of closer male relatives.

• Paternal great grandfather (father's father's father): May inherit as a residuary heir in the absence of the father and paternal grandfather.
• Other great grandparents: Inherit as distant relatives only in the absence of primary heirs and residuary heirs.

The Hanafi school has developed detailed rules for the inheritance of distant relatives, categorizing them into four groups with specific orders of priority.

Maliki School

The Maliki school generally does not recognize the inheritance rights of distant relatives, including great grandparents, if the public treasury (Bayt al-Mal) is well-managed. In the absence of primary heirs and residuary heirs, the estate escheats to the public treasury rather than being distributed to distant relatives.

However, in practice, many Maliki jurists have permitted the inheritance of distant relatives, including great grandparents, when the public treasury is not well-managed or when there is a need to prevent the estate from going to non-Muslims.

Shafi'i School

Similar to the Maliki school, the Shafi'i school traditionally does not recognize the inheritance rights of distant relatives, including great grandparents, if the public treasury is well-managed. However, in the absence of a well-managed public treasury, distant relatives may inherit according to specific rules.

Hanbali School

The Hanbali school recognizes the inheritance rights of distant relatives, including great grandparents, in the absence of primary heirs and residuary heirs. The school has developed detailed rules for their inheritance, often similar to those of the Hanafi school.

Jafari (Shia) School

In the Jafari school, great grandparents may inherit in the second category of heirs (which includes grandparents) in the absence of parents and children. The paternal side generally receives two-thirds of the inheritance, while the maternal side receives one-third.

Conditions Affecting Great Grandparents' Inheritance

Several factors can affect the inheritance rights of great grandparents:

1. Presence of Closer Heirs

Great grandparents are generally excluded by the presence of closer heirs, including: - Children and their descendants - Parents - Grandparents - Siblings and their descendants

This exclusion is based on the principle of proximity, where closer relatives take precedence over more distant ones.

2. Line of Descent

The line of descent affects inheritance rights, with the paternal line often taking precedence over the maternal line, particularly in residuary inheritance. This principle is derived from the hadith: "Give the shares to those who are entitled to them, and whatever remains goes to the nearest male relative."

3. Gender

In many cases, male great grandparents may have stronger inheritance rights than female great grandparents of the same degree, reflecting the general principle in Islamic inheritance where males often receive larger shares due to their financial responsibilities.

4. School of Thought

As discussed earlier, the school of Islamic jurisprudence significantly affects great grandparents' inheritance rights, with some schools recognizing their rights more readily than others.

Practical Examples of Great Grandparents' Inheritance

Example 1: Great Grandparent as the Only Heir

A person dies leaving behind only a paternal great grandfather (father's father's father) as the heir. The estate is valued at $100,000.

Calculation according to Hanafi and Hanbali schools: - Paternal great grandfather inherits the entire estate as a residuary heir = $100,000

Calculation according to traditional Maliki and Shafi'i schools: - The estate escheats to the public treasury (Bayt al-Mal)

Example 2: Great Grandparents with Other Distant Relatives

A person dies leaving behind a paternal great grandfather, a maternal great grandmother, and a maternal uncle. The estate is valued at $120,000.

Calculation according to Hanafi school:

• Paternal great grandfather:
  • As the closest male relative in the paternal line
  • Receives the majority share = $80,000
• Maternal great grandmother and maternal uncle:
  • Share the remaining portion based on their relationship
  • Total share = $40,000 (divided according to specific Hanafi rules for distant relatives)

Calculation according to Jafari (Shia) school:

• Paternal great grandfather: 2/3 of the estate = $80,000
• Maternal great grandmother: 1/3 of the estate = $40,000
• Maternal uncle:
  • Nothing (excluded by great grandparents)

Example 3: Great Grandparents with Primary Heirs

A person dies leaving behind a wife, a daughter, and a paternal great grandfather. The estate is valued at $240,000.

Calculation according to all schools:

• Wife's share: 1/8 (with child) = $30,000
• Daughter's share: 1/2 = $120,000
• Paternal great grandfather:
  • Residue = $90,000
  • (according to schools that recognize his right as a residuary heir)

In schools that do not recognize the great grandfather as a residuary heir in the presence of a daughter, the residue would be returned to the daughter through the principle of radd (return).

Alternative Provisions for Great Grandparents

Since great grandparents may not inherit automatically in many circumstances, Islamic law provides several mechanisms through which they can be financially supported:

1. Wasiyyah (Bequest)

A person can allocate up to one-third of their estate to non-heirs or heirs who would otherwise receive less through a wasiyyah (bequest). This provision allows individuals to leave a portion of their wealth to their great grandparents if they wish to do so.

The one-third limitation ensures that the rights of legal heirs are protected while still allowing flexibility to provide for those who do not automatically inherit. This principle is based on the hadith where the Prophet Muhammad (peace be upon him) advised Sa'd ibn Abi Waqqas:

"One-third, and one-third is a lot." (Bukhari and Muslim)

2. Gifts During Lifetime (Hibah)

Another way to provide for great grandparents is through gifts during one's lifetime. These gifts are not subject to inheritance rules and can be given in any amount. This approach allows individuals to support their great grandparents while they are still alive.

3. Family Endowment (Waqf)

Creating a family endowment (waqf) that benefits great grandparents is another option. A waqf is a charitable endowment that can be established to provide ongoing support for specified beneficiaries, including family members who are not legal heirs.

Modern Applications and Considerations

Estate Planning for Muslim Families

Modern Muslim families often face complex situations regarding extended family members, particularly in multicultural or multinational contexts. Effective estate planning should consider:

1. Creating a valid Islamic will: This should specify any portion (up to one-third) that you wish to allocate to your great grandparents or other relatives who may not automatically inherit.

2. Balancing cultural expectations with legal requirements: Understanding both the cultural norms and Islamic legal framework helps families make informed decisions.

3. Consulting experts: Seeking advice from Islamic scholars and legal experts specialized in Islamic inheritance ensures compliance with both religious and civil law.

Legal Implementation in Muslim-Majority Countries

Most Muslim-majority countries have codified Islamic inheritance laws into their legal systems, though with some variations:

• Egypt: Follows Hanafi school with some reforms
• Malaysia: Applies Islamic inheritance law for Muslims
• Saudi Arabia: Strict application of Hanbali school
• Pakistan: Islamic inheritance laws with some modern adaptations

These legal systems may have different approaches to the inheritance rights of great grandparents, reflecting their adherence to different schools of thought.

Muslims in Non-Muslim Countries

Muslims living in non-Muslim countries face additional challenges in implementing Islamic inheritance rules:

1. Creating legally valid wills: These should comply with both Islamic principles and local legal requirements.

2. Using trusts and other legal instruments: These can help ensure that wealth is distributed according to Islamic principles.

3. Balancing multiple legal systems: Understanding both Islamic law and local civil law is essential for proper estate planning.

Common Questions About Great Grandparents' Inheritance

Do Great Grandparents Inherit Before Grandparents?

No, great grandparents do not inherit before grandparents. In Islamic inheritance law, closer relatives generally exclude more distant ones. Grandparents would inherit before great grandparents, and parents would inherit before grandparents.

Can a Great Grandparent Inherit Along with a Grandparent?

Generally, no. In most schools of thought, the presence of a grandparent would exclude a great grandparent from inheritance, based on the principle of proximity.

What If a Great Grandparent Is the Only Surviving Relative?

If a great grandparent is the only surviving relative, their inheritance rights would depend on the school of thought:

• In the Hanafi and Hanbali schools, they would inherit as distant relatives.
• In the traditional Maliki and Shafi'i schools, the estate would escheat to the public treasury (Bayt al-Mal).
• In contemporary applications of all schools, many scholars permit great grandparents to inherit in such cases to prevent the estate from going to non-Muslims or to a non-Islamic state.

Can a Will Override the Islamic Inheritance Rules for Great Grandparents?

A will (wasiyyah) cannot override the fixed shares prescribed in the Quran for primary heirs. However, it can be used to allocate up to one-third of the estate to those who do not automatically inherit or whose shares are limited, including great grandparents.

Ensuring Proper Support for Great Grandparents

To ensure that great grandparents receive appropriate support within the framework of Islamic law:

1. Education: Understand the position of great grandparents in Islamic inheritance law according to your school of thought.

2. Documentation: Prepare a valid Islamic will that clearly specifies any portion you wish to allocate to your great grandparents.

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

4. Communication: Discuss your intentions with your legal heirs to ensure they understand your wishes regarding your great grandparents.

5. Alternative arrangements: Consider gifts during your lifetime, joint property ownership, or other mechanisms to provide for your great grandparents.

Conclusion

Islamic inheritance law has a nuanced approach to great grandparents' inheritance rights, with significant variations across different schools of thought. While great grandparents are generally considered distant relatives who inherit only in the absence of closer heirs, Islamic law provides flexibility through the wasiyyah (bequest) system and other mechanisms to ensure they can be financially supported.

Understanding the position of great grandparents in Islamic inheritance helps Muslim families plan appropriately for wealth distribution according to Shariah principles while also fulfilling their moral obligations to care for extended family members. By balancing legal requirements with ethical considerations, Muslims can ensure that their great grandparents are properly supported while maintaining compliance with Islamic inheritance law.

For precise calculations based on your specific family situation, consider using an 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. Islamic Inheritance Law: A Practical Guide by Muhammad Mustafa Khan
5. Fiqh al-Mawarith by Dr. Muhammad Al-Zuhayli
6. Resolution No. 183 (19/7) of the International Islamic Fiqh Academy
7. AAOIFI Shariah Standard No. 35 on Wills