The World Federation One Stop Fiqh
Search
Menu

Ask an Alim

Deceased mother’s inheritance in grandfather’s estate

Q:

The problem I’m faced with is rather complex so I’m hoping to look for helpful suggestions which are governed strictly under the light of Islam.

My mother passed away before the demise of my Maternal grandfather. My Nana Abu left behind an estate which is to be divided among all his offsprings now. According to the Shariah Law of inheritance, if a child passes away before the demise of the parent, His/Her ( family, children) do not inherit anything from their Grandfather’s (Maternal or Paternal) estate. But according to the amendment in Pakistan’s law of inheritance which happened somewhere in the 1960s, the grandchildren inherit whatever share their parent had in their grandfather’s estate.

My question here is whether or not I would be sinful and accountable in the eyes of religion if I take my mother’s share of inheritance from my Nana Abu’s estate because According to Shariah, I cannot make any claim but accoring to Pakistani law, I can claim my mother’s complete share from my Nana’s Estate.

I want to add a few key points here, I’m not in need of this inheritance and the only reason why I want to claim my share is so I can further give it to someone who has been deprived of their share in the inheritance. I will not be keeping any of this inheritance money for my personal use, I will pass on all of it to someone else in the extended family and that is the whole intention behind it.

A:

In the Name of Allah, the All-Beneficent, the All-Merciful.
Wa-Alaykum Assalam Wa Rahmtu-Allah,

In Islamic Jurisprudence you may have misunderstood something.

If a child passes before the parent, when the parent dies, then the child (who dies before the parent) will obviously not inherit anything (because they are deceased) however, they children of that deceased will take the share of the inheritance that would have otherwise gone to the deceased.

I would encourage you to read this and the following chapters for a clearer idea. https://www.sistani.org/english/book/48/2368/

S.L. Al-Hakim