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How is the inheritance calculated for someone who died leaving: 5 sons, 3 grandsons (sons of sons), 1 daughter, 2 granddaughters (daughters of sons), and 2 wives, with a missing son since 1915 whose news has been cut off for 50 years, and a will stipulating that the grandchildren inherit what their fathers would have been entitled to as if they were alive, according to the Maliki school of thought, taking into consideration the subsequent death of his second grandson (son of a son) leaving a daughter, his mother, and a brother and sister from his mother’s side, and his paternal uncles, then the death of the daughter leaving her divorced mother, her paternal grandmother, and her father’s paternal uncles?

1 min readAlso available in العربية

Given the ambiguity of the question, it can be assumed that those who inherit the deceased are only his two wives and his direct children. The grandchildren do not inherit because they are excluded by the children through a complete bar (ḥajb ḥirmān). It is, however, recommended for the heirs to provide for them from the inheritance. The estate is divided as follows: the two wives receive one-eighth, equally divided between them, and the remainder goes to the children by way of taʿṣīb (residuary heirship), with the male receiving the equivalent of the share of two females. The share of the missing son is withheld until his death is legally declared. If the period of his absence exceeds the maximum lifespan, he is then deemed dead, and his wealth is distributed among his living heirs at the time his death is legally declared. The deceased's bequest to the grandchildren is not valid except within the limits of one-third of the estate; anything exceeding that depends on the approval of the heirs. As for the grandson who died after his grandfather, he does not inherit from the grandfather. His estate is divided among his own heirs: the daughter receives one-half, the mother one-sixth, and the remainder goes to the full paternal uncle by way of taʿṣīb. There is nothing for his maternal half-siblings or the paternal half-uncle. The daughter who died, leaving behind her mother and grandmother, has her estate divided as follows: the mother receives one-third, and the remainder goes to her father's full paternal uncle. There is nothing for the grandmother or the paternal half-uncle. These rulings are according to the Maliki school of thought, and it is advisable to refer to the Sharia courts for matters of inheritance due to their seriousness.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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