According to some scholarly opinions regarding the aforementioned matter of inheritance, does the son of a daughter who died before the deceased inherit?
The daughter's son does not inherit because he is related through a female, and he is considered among the uterine kin (dhawu al-arham), not the legal heirs (waratha).
If the grandfather bequeathed a will to him, he has the right to take it and claim it, provided it does not exceed one-third (of the estate). Anything exceeding that is not valid unless approved by the legal heirs. If the deceased did not bequeath anything to him, it is recommended (mustahabb) for the heirs to give him something from the estate, as a recommendation, not an obligation.
If the deceased passed away leaving a wife, one daughter, and two sons, the wife receives one-eighth due to the existence of a inheriting offspring. Allah Almighty says: "But if you have a child, then for them [i.e., the wives] is one-eighth of what you leave, after any bequest you [may have] made or debt." The remainder goes to the daughter and the two sons by way of ta'sib (residuary heirship), with the male receiving the share of two females. Allah Almighty says: "Allah instructs you concerning your children: for the male, what is equal to the share of two females." Thus, the estate is divided into forty shares: the wife receives five shares, the daughter seven shares, and each son fourteen shares.
It is important to note that matters of inheritance are serious and complex and cannot be settled merely by a fatwa. Rather, they must be referred to Sharia courts for review and investigation, as there may be other heirs, bequests, debts, or other rights that take precedence over the rights of the heirs.
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- Original fatwa ID
- 108159
- Imported
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- Source text, unreviewed
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