Q. My father and grandfather died on the same day, with a few hours difference between them. My brother, sister and myself were minors. Our uncles took all my grandfather’s property, claiming that it is against Islamic law that we should inherit anything from our grandfather. We suffered a great deal until we grew up. Recently we obtained a court judgment against our uncles, giving us what our father would have inherited. However, our uncles say that even if the court rules in this way, it remains unlawful under Islamic law that we should inherit. Please explain.
M.F. Alam
A. According to the majority of scholars, grandchildren cannot inherit their grandparents, when these grandparents have children of their own. In fact, this is a general rule in the law of inheritance that from parents upward and children downward, the ones who are a degree nearer to the deceased will block those in the next degree. Thus children block grandchildren, and grandchildren block great-grandchildren. Likewise, parents block grandparents, and grandparents block great-grandparents. Therefore, in a situation like yours, a grandfather should make a will to give his grandchildren their fair share.
Now what happens if such a grandfather does not do that, either because of a situation like yours where he dies soon after his son, or because he forgets, or is unaware of his duty? Here a special principle applies, known as “the principle of the compulsory will.” This principle applies only in this case. It deems that a will exists in favor of the grandchildren whose father or mother has died before their grandfather. This compulsory will gives these grandchildren the lesser of the two amounts: either their father’s share had he been alive, or one-third of their grandfather’s property.
This principle has been incorporated in the family law of several Muslim countries, such as Syria and Egypt. I am glad to learn that it is applied in Bangladesh. It is based on fairness.
You say that your uncles did not look after you when you were young. Ask them what about the Islamic requirement that they should take care of you as orphans? Why were they ready to take all the money left by your grandfather and neglect their duty of your upbringing? Islamic law is fair, and it places responsibilities in return for rights. There is a right of inheritance, but there is also a duty of looking after orphans and minors who have no support. Your uncles were duty bound, under Islamic law, to look after you and to pay for your upbringing, including your schooling and general upkeep.
