Do I inherit my mother’s share from my grandparents?
Understanding the Islamic Law – any why every Muslim family should have a Will or Trust
It’s a question many Muslim families ask:
“My mother passed away before her parents. When my grandparents pass, do I inherit my mother’s share?”
The answer is complicated—and deeply meaningful.
Do Grandchildren Inherit Under Islamic Law?
Under Islamic inheritance law (farāʾiḍ), a person only inherits if they are alive when the estate is distributed. So, if your grandparents had a surviving son (your uncle), then grandchildren of predeceased sons or daughters are “blocked”—they do not inherit as Islamic heirs.
However, if your grandparents have no surviving sons, or only surviving daughters, the grandchildren of a predeceased child may inherit directly.
What is the Obligatory Bequest?
To address the emotional and financial hardship this sometimes causes, Muslim scholars introduced a beautiful solution anchored in the Quran: the Obligatory Bequest (Wasiyyah Wājibah). This rule allows a grandparent to bequeath up to one-third of their estate to the children of a deceased son or daughter.
Scholars like Ibn Ḥazm, Imam Aḥmad, al-Ḥasan al-Baṣrī, al-Ṭabarī, and al-Qaraḍāwī considered this bequest obligatory, and today, many Muslim countries—such as Egypt, Pakistan, Morocco, and the UAE—have made it law.
Why an Islamic Will or Trust is Essential in the U.S.
In the United States, however, Islamic inheritance is not recognized automatically. Unless you document your wishes through a legally valid Islamic will or Islamic trust, your estate will follow state intestacy laws—not Shari’a. That means your grandchildren or other rightful heirs could unintentionally be left out.
With Shariawiz, you can easily protect your family and your faith:
- Auto-calculate heirs’ shares in accordance with the Qur’an.
- Include an Obligatory Bequest for Grandchildren.
- Generate a document that is Shari’a-compliant and legally valid in your state.
Your legacy deserves care, clarity, and compliance. Don’t leave it to chance—plan it with intention.