Share of Paternal Grandfather In Islamic Inheritance Law
Grandfather’s Share in Islamic Inheritance Law
In Islamic inheritance law, the share of the paternal grandfather is determined by the presence of a father and offspring of the deceased. The rules for the paternal grandfather’s share are as follows:
Grandfather’s fixed share when following conditions are met
- The deceased does not have a father, AND
- The deceased has offspring
If the deceased’s father is not alive and the deceased has offspring (children or descendants), the paternal grandfather is eligible to receive a fixed share of one-sixth (1/6) of the estate. This provision ensures that the paternal grandfather can inherit when the father is not alive.
Grandfather’s residual share
If the deceased’s father is not alive and the deceased has no offspring (children or descendants), the paternal grandfather becomes a residual sharer and is eligible to receive the remaining estate after distributing it to all fixed or prescribed sharers. This provision ensures that the paternal grandfather can inherit more than one-sixth (1/6).
These rules ensure that the paternal grandfather’s share is determined based on the absence of a father and the presence of offspring, with the primary aim of preserving the rights of the paternal grandfather in accordance with Islamic inheritance laws and principles.
Case Studies:
Case studies that exemplify the principles of the paternal grandfather’s share in Islamic inheritance provide practical insights into this aspect of inheritance law. These real-life scenarios illustrate how factors like the presence or absence of certain family members can impact the paternal grandfather’s entitlement. By examining these case studies, one can gain a clearer understanding of how Islamic inheritance laws are applied in different family dynamics, ensuring a fair and just distribution of assets among heirs. These examples serve as valuable tools for comprehending the paternal grandfather’s inheritance rights within the framework of Islamic jurisprudence.
